Florida DUI Laws

Florida has two sets of procedures that you must attend to when you have been charged with a DUI — administrative and judicial. Florida Interlock suggests that you consult with a DUI attorney to ensure you get the best advice for your particular situation.

Administrative License Revocation (ALR) Procedures

Florida Division of Motor Vehicles (DMV)
Florida is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

10 day grace period

You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 6 months, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device, if your BAC is above .15, even if it is your first offense.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures

In Florida, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .15% or higher, even if it is a first offense.