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Florida driving lesson · Your Driving Privilege

DUI, implied consent and penalties

A 3-minute lesson from the Florida course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Your Driving Privilege
Checkpoint questions
6
Source pages
32, 33, 34, 43

DUI covers more than alcohol. Prescription drugs, over-the-counter medicine and controlled substances all count. Florida's penalties grow with each offense, and they jump again if your BAL was .15 or higher or a minor was in the car.

Know the rule

You can be charged with DUI if you are driving or in physical control of a vehicle while under the influence of alcohol, controlled substances, prescriptions or over-the-counter medicines.

Handbook p. 33 ↗

Know the rule

At arrest, your license is administratively suspended if your breath or blood alcohol level (BAL) is .08 or above, or if you refuse a breath or blood test.

Handbook p. 33 ↗
.08

BAL at or above which your license is suspended at arrest (drivers 21+)

Handbook p. 33 ↗

Implied consent

By signing your Florida license you agreed to take a blood, urine or breath test when an officer has reasonable cause to believe you are under the influence.

Handbook p. 33 ↗

Refusing a test

Refusing a test
RefusalPenalty
FirstLicense suspended for one year
Second18-month suspension plus a first-degree misdemeanor
Handbook p. 34 ↗

Know the rule

In DUI cases with death or serious injury, a blood test is required with or without your consent, even if you are unconscious. A doctor, nurse or other health professional draws the blood.

Handbook p. 34 ↗

DUI conviction penalties

DUI conviction penalties
1st2nd3rd
Fine$500–$1,000$1,000–$2,000$2,000–$5,000
Fine if BAL .15+ or minor in car$1,000–$2,000$2,000–$4,000Not less than $4,000
Max jail6 mo (9 mo if .15+/minor)9 months12 months
RevocationMin 180 daysMin 180 daysMin 180 days
DUI school12 hours21 hours21 hours
Ignition interlockIf ordered; 6 mo if .15+/minorAt least 1 yearAt least 2 years
Handbook p. 34 ↗

Know the rule

A first DUI conviction also brings 50 hours of community service and up to 1 year of probation. Every conviction includes an evaluation for addiction treatment.

Handbook p. 34 ↗
75 years

How long a DUI conviction stays on your driving record

Handbook p. 43 ↗

Know the rule

A DUI conviction also means you must carry higher liability insurance (BIL and PDL) for three years.

Handbook p. 32 ↗

Put it into practice

You're pulled over and blow .16 with your 10-year-old in the back seat. On a first conviction the fine is at least $1,000 and up to $2,000, jail can reach 9 months, and an ignition interlock is required for at least six continuous months.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

At what breath or blood alcohol level (BAL) will your license be administratively suspended at the time of a DUI arrest?
  1. .05 or above
  2. .08 or above
  3. .10 or above
  4. .15 or above

Answer: .08 or above

At the time of arrest, your license will be administratively suspended if you have a BAL of .08 or above, or refuse to submit to a test.

Handbook p. 33 ↗
Under Florida's Implied Consent Law, what happens the first time you refuse a breath, blood, or urine test?
  1. No penalty, refusal is allowed once
  2. A $100 fine only
  3. One-year license suspension
  4. Automatic 30-day suspension

Answer: One-year license suspension

A first refusal results in your license automatically being suspended for one year.

Handbook p. 34 ↗
What happens on a second refusal to submit to a DUI chemical test?
  1. A permanent revocation
  2. A 6-month suspension only
  3. No additional penalty
  4. An 18-month suspension and a first-degree misdemeanor charge

Answer: An 18-month suspension and a first-degree misdemeanor charge

A second refusal results in an 18-month suspension and a first-degree misdemeanor charge.

Handbook p. 34 ↗
What is the minimum license revocation for a first DUI conviction?
  1. 90 days
  2. 180 days
  3. 1 year
  4. 30 days

Answer: 180 days

A first DUI conviction carries a minimum license revocation of 180 days.

Handbook p. 34 ↗
For a first DUI conviction, what is the standard fine range (without a high BAL or minor in the vehicle)?
  1. $1,000-$2,000
  2. $100-$250
  3. $2,000-$5,000
  4. $500-$1,000

Answer: $500-$1,000

The standard fine for a first DUI conviction is $500 to $1,000.

Handbook p. 34 ↗
How long does a DUI conviction remain on your Florida driving record?
  1. 5 years
  2. 25 years
  3. 75 years
  4. 10 years

Answer: 75 years

A DUI conviction must remain on your driving record for 75 years.

Handbook p. 43 ↗
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