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What is the legal blood alcohol limit for DUI in Florida?

Police officers in reflective vests direct a line of cars past orange traffic cones at a nighttime checkpoint with a patrol car's blue lights in the background.

At what blood alcohol level is a non-commercial adult driver in Florida considered to be committing DUI, apart from being impaired?

Answer choices

The answer

A blood alcohol level of 0.08 or more grams per 100 milliliters of blood, or breath alcohol of 0.08 or more grams per 210 liters of breath, is DUI in Florida. Being impaired is also enough.

A person commits DUI by driving or being in actual physical control of a vehicle while under the influence of alcohol or certain drugs to the extent that normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more.

For a first conviction the fine is at least $500 and not more than $1,000, with up to 6 months of imprisonment. Higher penalties apply in specific cases, such as a level of 0.15 or more or a minor in the vehicle.

Exceptions

  • Drivers under 21 face a lower threshold: a 0.02 level triggers license suspension under a separate statute (322.2616), which this page does not cover in detail.

Penalty

First conviction: fine of not less than $500 or more than $1,000 and imprisonment of not more than 6 months (316.193(2)(a)1.).

Why this rule matters for safety

Alcohol slows reaction time and judgment before a driver feels drunk, so a numeric limit gives a clear line that does not depend on how someone feels.

Official sources

Rules checked against these sources on . Laws change. Confirm with the Florida agency before you rely on this for a legal matter.

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