What Is the New DUI Law in Florida?

If you were recently arrested for DUI in Florida and you're searching for what the law currently says, you're in the right place. Florida's DUI statute, §316.193, has seen meaningful changes in recent years, and several of them catch people off guard.

A note upfront: this page reflects the law as of early 2026. DUI statutes do change. Verify current law and talk to an attorney about how it applies to your specific situation before making any decisions.

Ignition Interlock: Expanded Requirements

Florida has expanded its ignition interlock device (IID) requirements significantly in recent years. An IID is a breathalyzer wired into your ignition. Your car won't start if you blow above a set alcohol level, and it requires rolling re-tests while driving.

Under current Florida law, an IID is mandatory for:

• A first DUI conviction where the BAC was .15 or higher
• A first DUI conviction where a minor was in the vehicle
• Any second or subsequent DUI conviction

For a standard first offense (BAC below .15, no minor in the vehicle), an IID is not mandatory but a judge has discretion to order one.

IID requirements are in addition to, not a substitute for, the license suspension. You pay for the IID installation and monthly monitoring yourself. Costs typically run $70 to $150 per month.

Florida Does Not Have a DUI Diversion Program

This is one of the most important things to understand about Florida DUI law, and it surprises almost everyone who asks.

Many states have first-offender diversion programs for DUI, programs where a first-time defendant completes treatment, community service, or other conditions, and the charge is dismissed or reduced without a conviction. Florida does not have this for DUI.

Florida does have a robust pretrial diversion program for many other charges. DUI is specifically excluded. When someone tells you "Florida has diversion," they may be right for drug possession or theft charges, but not for DUI. There is no pretrial diversion, no deferred adjudication, no withhold of adjudication for DUI in Florida.

If you plead to DUI in Florida, you are convicted of DUI. Period. This is why understanding the full consequences of a first DUI conviction matters so much before you make any decisions.

Drug DUI Is Being Charged More Frequently

Florida's DUI statute covers impairment by any substance, not just alcohol. §316.193 defines DUI as driving while under the influence of alcoholic beverages, any chemical substance, or any controlled substance "to the extent that the person's normal faculties are impaired." The .08 BAC limit applies only to alcohol.

For drug DUI, there is no per se legal limit like .08. The state has to prove impairment of normal faculties, which typically means field sobriety exercises, officer observations, and often a Drug Recognition Expert (DRE) evaluation.

Drug DUI arrests in Florida have increased as prescription drug use, cannabis use, and other substance use have risen. Cannabis presents a particular challenge: Florida's drug recognition standards don't perfectly align with the actual impairment window for THC, and DRE evaluations have been challenged in court.

If your DUI arrest involved drugs rather than alcohol, the defense analysis looks different. Blood or urine tests, the timing of ingestion, the DRE protocol, and whether the officer was properly trained all become important.

The .08 Limit Remains in Place

There is no current movement in Florida to lower the legal BAC limit below .08. Some advocacy groups have pushed for a .05 limit nationally, and Utah adopted it in 2018, but Florida has not changed its limit and there is no pending legislation to do so as of early 2026.

However, you can be convicted of DUI in Florida with a BAC below .08 if the state can prove that your normal faculties were impaired. A .07 BAC combined with strong field sobriety evidence is prosecutable. It just requires the state to prove impairment rather than relying solely on the per se BAC limit.

E-DUI and Distracted Driving: Not the Same Thing

Searches for "new DUI law Florida" sometimes involve questions about distracted driving or phone use while driving. To be clear: texting while driving in Florida is a primary offense, and distracted driving enforcement has expanded. But this is not DUI. Distracted driving laws apply to phone use. They don't involve alcohol or drug impairment and they don't carry DUI penalties or create DUI convictions.

If you were charged with reckless driving or careless driving related to phone use, that is a completely different body of law than §316.193.

Rideshare and IID: No Blanket Exemption in Florida

Some states have considered legislation that would exempt DUI defendants from IID requirements if they agree to use rideshare services instead. Florida has not passed any such law. If an IID is required as part of your sentence or license reinstatement conditions in Florida, using Uber or Lyft does not substitute for it. You cannot legally drive any vehicle without an IID if one has been ordered, including a vehicle borrowed from a friend or family member.

Frequently Asked Questions

Did Florida recently change the DUI law to allow diversion for first offenses?

No. Florida still does not offer pretrial diversion for DUI charges. This question comes up often because Florida expanded diversion options for other offenses, and because other states do have DUI diversion. Florida's position on this has not changed: a DUI plea is a DUI conviction, and there is no program that substitutes for it. If someone tells you otherwise, ask them to show you the statute.

I've heard Florida is going to lower the DUI limit to .05. Is that true?

Not as of early 2026. The .08 limit remains the per se BAC standard in Florida. There is no enacted or imminent legislation to lower it. Some national advocacy organizations have pushed for .05, and Utah enacted it, but Florida's legislature has not moved in that direction. What is true is that you can still be prosecuted for DUI with a BAC below .08 if the state proves impairment of normal faculties through other evidence.

I was arrested for DUI after using prescription medication. How does that work?

Florida's DUI law covers impairment by prescription drugs, not just illegal drugs or alcohol. The fact that a medication was lawfully prescribed does not make it legal to drive while impaired by it. If the medication affected your ability to operate a vehicle safely, you can be charged and convicted under §316.193. The defense typically focuses on whether the state can actually prove impairment. Field sobriety test results, the officer's observations, and any blood or urine test results become the key evidence.

What's the difference between a DUI and a DUID in Florida?

There is no separate "DUID" statute in Florida. Drug-impaired driving is charged under the same §316.193 DUI statute as alcohol impairment. The difference is in how impairment is established: for alcohol, the state can rely on a BAC of .08 or higher without having to prove impairment separately. For drugs, there is no per se limit, so the state must prove impairment of normal faculties through officer observations, field sobriety exercises, and a Drug Recognition Expert evaluation if one was conducted. Same charge, different proof.

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