Florida Personal Injury · Orlando · Fort Myers

DUI in the U.S.: BAC Limits, Florida Penalties, and Accident Claims

For drivers age 21 and older, every U.S. state except Utah uses a general per se BAC limit of 0.08%; Utah uses 0.05%. In Florida, a person can still be charged with DUI below 0.08% if alcohol, certain chemical substances, or controlled substances impair the person’s normal faculties.

When an impaired driver causes a crash in Florida, the criminal DUI case and an injured person’s civil claim for compensation are separate matters and follow different rules.

DUI and BAC

What Does DUI Mean, and What BAC Limits Apply in Florida?

DUI means Driving Under the Influence, often described more generally as drunk or impaired driving. Under Florida Statute § 316.193, a person may commit DUI while driving or while in actual physical control of a vehicle if the person’s normal faculties are impaired by alcohol, certain chemical substances, or controlled substances, or if the statutory blood- or breath-alcohol level is met. Other states may use terms such as DWI or OWI, and the exact elements vary by state.

Category	Level	What It Means in Florida
Most drivers age 21+	0.08%	A blood-alcohol level of 0.08 or more grams per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams per 210 liters of breath, is a per se basis for DUI under § 316.193.
Drivers under 21	0.02+	Section 322.2616 creates a separate under-21 rule at a statutory blood- or breath-alcohol level of 0.02 or higher, including driver's-license suspension consequences. A level of 0.02 or higher does not by itself establish DUI under § 316.193.
Commercial motor vehicles	Any alcohol / 0.04+	Section 322.62 prohibits driving or being in actual physical control of a commercial motor vehicle with any alcohol in the body and provides for an immediate 24-hour out-of-service period. At a statutory blood- or breath-alcohol level of 0.04 or higher, additional commercial-license consequences apply. Section 322.62 does not replace the separate DUI statute.
Enhanced DUI penalties	0.15+	A blood-alcohol level of 0.15 or more grams per 100 milliliters of blood, or a breath-alcohol level of 0.15 or more grams per 210 liters of breath, increases DUI penalties. The same enhanced-penalty provision applies when a person under age 18 was in the vehicle.

Florida Statute § 316.193 — DUI

NHTSA — Drunk Driving

Florida Statute § 322.2616 — Drivers Under 21

Florida Statute § 322.62 — Commercial Motor Vehicles

IMPORTANT DISTINCTION

Can You Be Charged With DUI Below 0.08% BAC in Florida?

Yes. Florida Statute § 316.193 does not require a 0.08% BAC in every DUI case. A person may be charged when alcohol, certain chemical substances, or controlled substances impair the person’s normal physical or mental faculties, even if the measured BAC is below 0.08%.

A result such as 0.06% or 0.07% therefore does not automatically rule out DUI. Depending on the case, evidence may include driving behavior, officer observations, admissible test results, video, and witness statements

Florida Statute § 316.193 — DUI

AFTER A CRASH

What Should You Do After a Crash With a Suspected Impaired Driver?

Call 911 and Report What You Observed

Report the crash and any injuries. If you noticed the smell of alcohol, poor coordination, slurred speech, or unusual behavior, describe the facts you personally observed rather than trying to diagnose intoxication.

Get Medical Care

Not every injury is obvious immediately. If Florida Personal Injury Protection (PIP) applies, certain injury benefits may be available without first proving that another driver caused the crash. Section 627.736 ties eligibility for covered medical benefits to receiving initial services and care within 14 days after the motor vehicle accident.

Preserve Evidence

If it is safe to do so, preserve photographs of the vehicles and crash scene, witness contact information, the police report, 911 records, available video, and other materials that may later help establish what happened.

Notify the Insurer and Read Any Release Carefully

Comply with applicable policy notice requirements, but do not sign a final settlement or release without understanding which claims it resolves and which rights you may be giving up

Penalties

What Are the Penalties for DUI in Florida?

Penalties depend on prior DUI convictions, alcohol level, whether a minor was in the vehicle, and whether the offense caused injury or death.

First DUI Conviction

A first DUI can carry up to 6 months in jail, or up to 1 year if it causes injury

Monthly reporting probation and completion of a state-licensed DUI program.
At least 50 hours of public or community service.
License revocation generally lasts 180 days to 1 year.

BAC 0.15%+ or a Passenger Under 18

For a first DUI involving a BAC of 0.15 or higher, or a passenger under age 18, the fine increases to $1,000–$2,000

Imprisonment may be up to 9 months.
The enhanced rule applies when either qualifying condition is present.
An ignition interlock device may be required for at least 6 continuous months.

Serious Bodily Injury

If a person commits DUI and, by operating the vehicle, causes or contributes to causing serious bodily injury to another person, the offense is a third-degree felony

The injury must meet Florida’s statutory definition of serious bodily injury.
The criminal DUI case is separate from the injured person’s civil claim.
Civil compensation depends on liability, damages, and available coverage.

DUI Manslaughter

When DUI causes or contributes to causing the death of another person, the driver may face a DUI manslaughter charge

A conviction carries a mandatory minimum of 4 years’ imprisonment.
Greater criminal penalties may apply depending on the circumstances.
A separate Florida wrongful death claim may also be available.

Additional Requirements After a First DUI Conviction

The DUI program includes a psychosocial evaluation.
If the DUI program refers the offender for authorized substance-abuse treatment, completion of that treatment is also required as a condition of reporting probation.
The court may allow payment of $10 for each required community-service hour when residence or employment creates an undue hardship.
Florida law also provides for 10 days of vehicle impoundment or immobilization, subject to statutory conditions and exceptions.

Florida Statute § 316.193 — DUI Penalties

Florida Statute § 322.28 — Driver's-License Revocation

Civil Claims

What Compensation May Be Available
After a DUI Crash?

Compensation escalates with the severity and permanence of what the crash caused — from documented financial losses, to noneconomic harm that meets Florida's legal threshold, to a wrongful death claim.

Economic Noneconomic Wrongful Death

Economic

Economic Losses

Recoverable economic losses may include proven medical expenses, reasonably necessary future medical care, lost income, reduced future earning capacity, and property damage, depending on the facts and the available insurance coverage.

Noneconomic

Pain, Suffering, and Other Noneconomic Losses

Florida's no-fault system limits noneconomic damages under § 627.737 to claims meeting a legal threshold: significant and permanent loss of an important bodily function, permanent injury, permanent scarring or disfigurement, or death.

Florida Statute § 627.737 — Tort Exemption

Wrongful Death

If a person dies from crash-related injuries, Florida law allows a wrongful death action brought by the decedent's personal representative for the benefit of the survivors and the estate, under the Florida Wrongful Death Act.

Florida Statute § 768.20 — Parties

Additional Liability

What Else Can Affect Liability, Fault, and Your Filing Deadline?

Beyond the direct penalties for DUI, a crash caused by an impaired driver can raise separate questions about punitive damages, third-party liability, comparative fault, and how much time you have to bring a claim.

Punitive Damages

Punitive damages are not automatically awarded simply because a defendant was accused or convicted of DUI. Florida Statute § 768.72 sets procedural and evidentiary requirements for pleading a punitive-damages claim. If the defendant’s normal faculties were impaired by alcohol or drugs, or if the defendant had a blood- or breath-alcohol level of 0.08% or higher, § 768.736 may affect the statutory limitations that otherwise apply.

Bar & Restaurant Liability

Usually, the fact that a person consumed alcohol at a business does not by itself make the business liable for a subsequent crash. Florida Statute § 768.125 provides narrow exceptions, such as willfully and unlawfully selling or furnishing alcohol to a person under the lawful drinking age, or knowingly serving a person habitually addicted to alcohol.

Florida Statute § 768.125 — Furnishing Alcoholic Beverages

Comparative Fault

In cases governed by § 768.81, damages are reduced according to the claimant’s percentage of fault. Subject to the statute’s scope and exceptions, a party found more than 50% at fault for his or her own harm generally may not recover damages.

Florida Statute § 768.81 — Comparative Fault

Filing Deadlines

Florida generally applies a two-year limitations period to negligence causes of action that accrued after March 24, 2023, and § 95.11 places wrongful death actions in a two-year category. Claims that accrued earlier, claims against particular defendants, and claims governed by special statutes may follow different deadlines or notice rules.

Florida Statute § 95.11 — Limitations of Actions

Last reviewed: August 2026. Statutory references were checked against the 2026 Florida Statutes and official NHTSA materials. Laws can change, and the rules that apply to a particular crash depend on the facts, the parties, and the claims involved.

Frequently Asked Questions

Frequently Asked Questions About DUI and Florida Car Accidents

Is it legal to have one drink and then drive?

There is no universally safe or legally guaranteed number of drinks. BAC varies by person and circumstances, and driving ability can be impaired below 0.08%. Florida also applies stricter rules to drivers under 21 and to commercial drivers.

Can someone be charged with DUI without actually driving?

Potentially, yes. Florida's DUI statute covers both driving and being in actual physical control of a vehicle. Whether a person had actual physical control depends on the facts of the situation.

What if the other driver seemed impaired but was not arrested for DUI?

A civil claim does not depend on a DUI arrest. Report what you personally observed and preserve available evidence. The civil claim is evaluated separately based on crash evidence, witness accounts, records, causation, damages, and available insurance coverage.

Which PIP policy pays medical benefits after a Florida crash?

It depends on the injured person's status and Florida's priority-of-coverage rules. Depending on the circumstances, the applicable PIP coverage may come from the person's own policy or another policy identified by Florida law.

Am I automatically compensated if the driver was arrested for DUI?

No. An arrest or criminal charge does not automatically establish the amount or availability of a civil recovery. Liability for the crash, causation, injuries and damages, insurance coverage, and other civil issues are evaluated separately.

Free Case Assessment

Injured in a Florida car accident?

If you are facing medical bills, missed work, disputed fault, or pressure from an insurance company, The Nunez Law Firm can review the crash, available coverage, and the losses you are dealing with.

The initial case assessment is free and there is no obligation to proceed with representation after the initial conversation.