DUI Laws Floridians Need to be Aware Of

Fort Myers, FL—Florida, like all other states in the U.S., enforces several DUI laws, all of which drivers are expected to know and follow. If an individual recently moved to Florida, is vacationing in the state, or is planning on moving there, they will be required to abide by these DUI laws listed below:


  1. Driving with a blood alcohol concentration (BAC) level of 0.08% or higher is illegal. It is against the law in Florida to operate a motor vehicle with a BAC level of 0.08% or higher. Anyone who is 21 years of age or older and is caught with a BAC level of 0.08% or higher will be charged with DUI.


  1. Operators of commercial motor vehicles (CMV) cannot operate their vehicles with a BAC of 0.04% or higher. Because CMV drivers are either responsible for transporting hazardous or heavy materials or passengers, the legal limit is lowered to 0.04%. Any CMV driver who is caught with a BAC level of 0.04% or higher will be charged with DUI and could potentially lose their commercial driver’s license (CDL) if they are convicted of the crime.


  1. Under Florida law, a driver can only be released after being arrested for DUI if the court permits it and1:
  • They are no longer under the influence and their normal faculties are not impaired.
  • Their blood/breath alcohol level is lower than 0.05%.
  • It has been at least eight hours from the time they were arrested for DUI.


  1. Refusal to submit to a field sobriety test or blood/breath test results in immediate suspension of driving privileges for one year.


  1. Drivers can be arrested for DUI if they appear to be intoxicated. This stands true even if a driver’s BAC level is below 0.08%. The reality is, if an officer believes someone’s normal faculties are impaired by alcohol, they can arrest them for DUI.


What should a driver do if they are charged with DUI in Fort Myers, FL?


The first thing a driver should do after being arrested for DUI is contact a Fort Myers, FL DUI lawyer. An attorney will explain the charges that have been filed against them and what they can do to potentially get the charges lowered or thrown out.

In addition to helping an individual make sense of the criminal charges they are up against, a Fort Myers, FL DUI attorney will be there to represent them through each phase of the criminal justice process. If a driver was recently arrested for DUI in Fort Myers and they are looking to schedule a free initial consultation with a lawyer who has experience with handling DUI cases, they are encouraged to contact Robert Foley Law Firm.


Robert Foley Law Firm can be reached at:


2259 Cleveland Avenue

Fort Myers, FL 33901

Phone: (239) 690-6080

Website: www.robertfoleylaw.com



  1. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
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