DUI in Florida: the law, the limits and the device
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Florida calls it DUI — driving under the influence, and you will see drunk driving used for the same offense. What follows is what this state sets, taken from its own published rules rather than from a national summary.
What Florida law actually requires
Florida does not order an interlock for every first conviction — it becomes mandatory at 0.15% BAL or with a minor in the car, and it is required whenever a convicted driver applies for a hardship or business-purposes license. Your term starts the day the "P" restriction lands on your license, not the day of the conviction.
- First offense: Court discretion on a plain first conviction; at least 6 months at 0.15% or with a minor in the car. Second conviction 1 year (2 years at 0.15%), third 2 years, fourth or more 5 years
- Lockout threshold: Set by the device specification approved by the department
- Program run by: Florida Department of Highway Safety and Motor Vehicles
Source: www.flhsmv.gov, checked 2026-08-23
DUI vs DUI in Florida
In Florida there is one offense and one label. If you have seen DWI, OWI or OVI used elsewhere, that is another state’s vocabulary for the same conduct — nothing about the seriousness changes when you cross a state line, only the letters on the paperwork.
Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →
Can you get a DUI on a bike or a horse in Florida?
It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.
Where this state departs from the national picture
Most of what people read about drunk driving is written for the country as a whole. These are the points where Florida does something of its own.
Third within 10 years, or any fourth
A third conviction within ten years of a prior is a third-degree felony, and a fourth is a felony regardless of how long ago the others were. A third outside that ten-year window stays a misdemeanor but carries a fine of $2,000 to $5,000 and up to a year.
FR-44 for 3 years
Florida does not use SR-22 for drunk driving convictions. Everyone convicted under s. 316.193 must carry an FR-44 proving liability limits of $100,000 per person, $300,000 per crash and $50,000 property damage — ten times the ordinary bodily-injury floor. The requirement runs three years, and an existing SR-22 has to be replaced by the FR-44 to lift the suspension.
FLHSMV, Verification criteria for financial responsibility sanctions
How often this happens in Florida
Federal crash records show the scale the state is legislating against, and how it compares with the country.
Cases are heard where the stop happened, and volume shapes local practice. These FL counties record the most:
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. Florida runs at or below the national share.
What it costs to get driving again in Florida
Florida does not publish a price cap we could verify, so the quote is the number and your only leverage is a competitor nearby. The national reference points are installation and a monthly fee, with calibration visits every 30 to 60 days.
The two clocks in Florida
The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.
Florida cities
The county that hears your case is set by where the stop happened, and local practice differs across the state.
DUI questions in Florida
Is it called DUI or DUI in Florida?
Florida uses DUI — driving under the influence. You will also see drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.
What is the legal limit in Florida?
0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: Set by the device specification approved by the department
When does a DUI become a felony in Florida?
Third within 10 years, or any fourth. A third conviction within ten years of a prior is a third-degree felony, and a fourth is a felony regardless of how long ago the others were. A third outside that ten-year window stays a misdemeanor but carries a fine of $2,000 to $5,000 and up to a year.
How long does the interlock stay on after a first offense in Florida?
Court discretion on a plain first conviction; at least 6 months at 0.15% or with a minor in the car. Second conviction 1 year (2 years at 0.15%), third 2 years, fourth or more 5 years The program is run by Florida Department of Highway Safety and Motor Vehicles.
Can you get a DUI on a horse or a bicycle in Florida?
The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.
What happens on a third DUI in Florida?
A third conviction within ten years of a prior is a third-degree felony, and a fourth is a felony regardless of how long ago the others were. A third outside that ten-year window stays a misdemeanor but carries a fine of $2,000 to $5,000 and up to a year. Beyond the class of the offense, a repeat also lengthens the interlock requirement and the insurance filing that follows it.
A first DUI here →A second DUI here →When a DUI is a felony in Florida →
When a charge becomes a felony → The test and the refusal → How long it stays on your record →Florida class requirements →Florida SR-22 rules →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.