DUI, implied consent and zero tolerance

Key points

1. Your license is administratively suspended at arrest with a BAL of .08 or above, or if you refuse a test.

   Source: Handbook p. 25

   “At the time of arrest, your license will be administratively suspended if you have a breath or blood alcohol level (BAL) of .08 or above, or refuse to submit to a breath/ blood alcohol test.”
   Official Florida Driver License Handbook, Handbook p. 25

2. By signing your license you agreed to take blood, urine or breath tests if asked.

   Source: Handbook p. 25

   “By law, you have agreed by signing your driver license to take these tests if asked.”
   Official Florida Driver License Handbook, Handbook p. 25

3. Refusing the test suspends your license for one year.

   Source: Handbook p. 26

   “If you refuse to take the tests when asked, your license will automatically be suspended for one year.”
   Official Florida Driver License Handbook, Handbook p. 26

4. A second refusal brings an 18 month suspension and a first degree misdemeanor.

   Source: Handbook p. 26

   “A second refusal will result in an 18 month suspension and a first degree misdemeanor.”
   Official Florida Driver License Handbook, Handbook p. 26

5. A first DUI conviction brings 50 hours of community service and up to 1 year of probation.

   Source: Handbook p. 26

   “Community Service: 50 hours. ◆ Probation: Up to 1 year.”
   Official Florida Driver License Handbook, Handbook p. 26

6. Under 21, a BAL of .02 or higher brings an automatic six month suspension.

   Source: Handbook p. 26

   “Any driver under 21 years of age who is stopped by law enforcement and has a BAL of .02 or higher will automatically have their driving privilege suspended for six months.”
   Official Florida Driver License Handbook, Handbook p. 26

7. Under 21, a BAL of .05 or higher also requires a substance abuse course.

   Source: Handbook p. 26

   “Any driver under 21 with a BAL of .05 or higher is required to attend a substance abuse course.”
   Official Florida Driver License Handbook, Handbook p. 26

8. To appeal an administrative suspension, request a review hearing within 10 days of arrest.

   Source: Handbook p. 31

   “you must apply for a formal or informal review hearing at the appropriate BAR office within 10 days of your date of arrest.”
   Official Florida Driver License Handbook, Handbook p. 31

9. A DUI conviction stays on your driving record for 75 years.

   Source: Handbook p. 35

   “A DUI (Driving Under the Influence) conviction must remain on your driving record for 75 years.”
   Official Florida Driver License Handbook, Handbook p. 35

Numbers to know

3 questions from the Florida practice test

1. 1. What happens when a Florida driver under 21 has a BAL of .02 or higher?

   1. The driver receives only a warning
   2. The driving privilege is automatically suspended for six months
   3. The license is suspended for 30 days
   4. The driver must complete a road test immediately
   Show answer

   The driving privilege is automatically suspended for six months. Florida’s zero tolerance rule automatically suspends the driving privilege for six months when a driver under 21 is stopped by law enforcement with a BAL of .02 or higher. A warning alone understates the consequence, and a 30-day suspension is not the period stated for this trigger. The road test choice confuses a license consequence with a testing requirement. On an exam question, first check the driver’s age, then match the .02 threshold to the six-month suspension. A separate .05 threshold requires a substance abuse course, so do not combine the two penalties.

2. 2. For how long does a Florida DUI conviction remain on a driver’s record?

   1. 10 years
   2. 75 years
   3. Only until probation ends
   4. Until the license is renewed
   Show answer

   75 years. Florida states that a DUI conviction must remain on the driving record for 75 years. Renewing a license or completing probation does not erase that record period, and the handbook does not give a ten-year alternative. The long retention period shows why impaired driving can affect a person well beyond the immediate traffic stop, fine, or license action. The useful exam cue is the unusual number, 75 years. Keep it separate from shorter suspension or revocation periods, which address driving privileges rather than how long the conviction remains recorded.

3. 3. What suspension follows a driver's first refusal to take a breath, urine, or blood test in Florida?

   1. One year
   2. Six months
   3. Two years
   4. 90 days
   Show answer

   One year. Florida's implied consent rule makes a first refusal an automatic one-year license suspension. A second refusal increases the suspension to 18 months and is also a first degree misdemeanor. Six months is associated with the under-21 suspension for a BAL of .02 or higher, not with a first test refusal. The practical cue is simple: first refusal equals one year, while the second refusal adds six months to reach 18 months.

Source: the Official Florida Driver License Handbook, Your Driving Privilege. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.