Chapter 4: DUI / DWI Laws

Driving Under the Influence (DUI) is one of the most dangerous actions a driver can take, leading to thousands of preventable deaths and injuries each year. Florida enforces severe penalties for DUI to deter this behavior and protect the public. Understanding these laws is critical for the driver’s license exam and for recognizing the serious legal and personal consequences of impaired driving.

DUI & Implied Consent

In Florida, a person is guilty of Driving Under the Influence (DUI) if they are found to be driving or in actual physical control of a vehicle while impaired by alcohol or other chemical or controlled substances to the extent that their “normal faculties” are impaired. Normal faculties include the ability to see, hear, walk, talk, judge distances, and make decisions. This means a DUI charge is not limited to alcohol; it can result from impairment by illegal drugs, prescription medication, or even over-the-counter drugs.

Blood Alcohol Concentration (BAC) Limits

While a driver can be convicted based on an officer’s observation of impairment, Florida law also establishes specific Blood Alcohol Concentration (BAC) levels at which a driver is legally presumed to be under the influence. This is known as the per se limit.

• 21 and Over: It is illegal to drive with a BAC of 0.08% or higher.
• Under 21 (Zero Tolerance): It is illegal for a person under the age of 21 to drive with a BAC of 0.02% or higher. Any driver under 21 stopped with a BAC between 0.02% and 0.08% will have their license administratively suspended for six months.
• Commercial Drivers: It is illegal for a person operating a commercial motor vehicle (CMV) to drive with a BAC of 0.04% or higher.

The “Implied Consent” Law

Under Florida’s Implied Consent law, any person who accepts the privilege of driving in the state has, by law, automatically agreed to submit to an approved chemical test (breath, urine, or blood) if they are lawfully arrested for any offense allegedly committed while driving under the influence.