Halloween lands on a Saturday this year. Parties. Bars. Costume crawls. Late nights.

The best advice is simple. Do not drive if you are impaired. Get a ride, stay put, or hand the keys to a sober friend. Nothing below changes that.

This article explains how Florida DUI law works.

What this means for you

A DUI arrest can start with a stop for something small, like a taillight or a lane drift. From there an officer looks for signs of impairment.

You do not have to be "drunk" to be charged. The law has more than one path.

The DUI law in plain words

Under Fla. Stat. § 316.193(1), a person commits DUI by driving, or being in actual physical control of, a vehicle in Florida and any one of these is true:

  • The person is under the influence of alcohol, certain chemical substances, or controlled substances to the extent that normal faculties are impaired.
  • The person has a blood-alcohol level of 0.08 or more.
  • The person has a breath-alcohol level of 0.08 or more.

"Actual physical control" can reach a person who is not moving. Sitting behind the wheel with the keys can raise questions.

Penalties

For a first conviction, the statute sets a fine of $500 to $1,000 and imprisonment of up to 6 months. Fla. Stat. § 316.193(2)(a).

If the blood or breath level is 0.15 or higher, or a passenger under 18 is in the vehicle, a first-conviction fine is $1,000 to $2,000 and jail can be up to 9 months. Fla. Stat. § 316.193(4). Repeat offenses are punished more severely.

Implied consent and refusal

Florida drivers are deemed to consent to a breath test after a lawful arrest for DUI. Fla. Stat. § 316.1932(1)(a)1.a.

The statute says the person must be told that refusing a breath test will lead to a license suspension: 1 year for a first refusal, 18 months if the license was suspended before or the person was previously fined for a refusal. The refusal can be used as evidence in a criminal case. Fla. Stat. § 316.1932(1)(a)1.a.

A refusal of a breath or urine test, after the required warnings and a lawful arrest, is also a separate crime. It is a second-degree misdemeanor for a first refusal and a first-degree misdemeanor for a second or later refusal. Fla. Stat. § 316.1939(1).

Blood tests have their own rules. A blood test may be given whether or not the person is told of the consequences of refusing, in the situations the statute describes. Fla. Stat. § 316.1932(1)(c).

The other clock: your license

Even before court, an officer suspends your driving privilege on the state's behalf if you test at 0.08 or higher or refuse a test. Fla. Stat. § 322.2615(1)(a).

  • A level of 0.08 or higher means a 6-month suspension for a first offense, or 1 year if the privilege was previously suspended under that section.
  • A refusal means a 1-year suspension for a first refusal, or 18 months if the privilege was previously suspended for a refusal.

The suspension period starts on the date of the notice. Fla. Stat. § 322.2615(1)(b)1.-2.

You may ask for a formal or informal review within 10 days after the notice of suspension is issued. Fla. Stat. § 322.2615(1)(b)3. The temporary permit also expires at midnight on the 10th day. Fla. Stat. § 322.2615(1)(b)4.

Ten days is short. Do not wait.

Practical steps

Before you go out - Pick the ride before the first drink. - Use a rideshare, taxi, or sober driver. Leave the car and get it tomorrow. - Remember the statute reaches "actual physical control," not just driving.

If you are stopped - Pull over safely. Stay calm and keep your hands visible. - Give license, registration, and insurance. - Be polite. Do not argue. - Ask a lawyer before you answer detailed questions about the night.

After an arrest - Write down what happened while it is fresh: where, when, what was said. - Note the 10-day deadline on your license. - Call a lawyer right away.

FAQ

What is the legal limit in Florida? 0.08 for blood or breath. Fla. Stat. § 316.193(1)(b)-(c). You can also be charged below 0.08 if your normal faculties are impaired. Fla. Stat. § 316.193(1)(a).

Can I be charged if I was not driving? The statute covers a person who is "driving or in actual physical control of a vehicle." Fla. Stat. § 316.193(1).

What happens if I refuse a breath test? A license suspension and a possible misdemeanor charge. Fla. Stat. §§ 316.1932(1)(a)1.a., 316.1939(1), 322.2615(1)(b)1.a.

How long do I have to challenge my license suspension? The statute gives 10 days after the notice is issued to request review. Fla. Stat. § 322.2615(1)(b)3.

Is a rideshare cheaper than a DUI? A first-conviction fine alone starts at $500, before court costs, lawyer fees, and insurance changes. Fla. Stat. § 316.193(2)(a).

If something goes wrong

Dennis Gonzalez Law, P.A. in Miami handles DUI defense. Dennis is a former Miami-Dade prosecutor. Call (305) 209-0384. We answer 24/7. Consultations are free. See our DUI page and criminal defense page. This article is general information, not legal advice. Every case is different, and no result is guaranteed.