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Florida

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Five years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative and criminal penalties

24/7 Programs

Pilot program implemented

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

251-350 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory repeat offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving & Underage Drinking Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Utilizes No Refusal program

Oral Fluid Testing

voluntary laws

Implied Consent Laws

Drugs

316. 1932- Learn More
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in 316. 1932- Learn More or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances.

Blood

316.1932 Learn More
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.

Urine

316.1932 Learn More
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in 316.1932 Learn More or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances.

Oral Fluids

No Data Available
No Data Available

Other

No Data Available
No Data Available

DUI Statutes

Drugs

316.1932 Learn More
A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and: The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 316.1932 Learn More , or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

Combined/Multiple Substance

No Data Available
No Data Available

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

316.1932 Learn More
Failure to submit to urine test = suspension of the person's privilege to operate a motor vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 316.1932 Learn More as a result of a refusal to submit to a test or tests required under this chapter or chapter 327.
Failure to submit to urine test AND driving privilege previously suspended under s. 316.1932 Learn More  for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327 = misdemeanor of the first degree, punishable as provided in s. 775.082 - Learn More , in addition to any other penalties provided by law.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

No Data Available
No Data Available

Criminal Trial

316.1932 - Learn More
The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

ALR Laws

Cannabis

322.28 - Learn More
(Same as alcohol) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver license or driving privilege of the person so convicted, effective on the date of conviction, and shall prescribe the period of such revocation in accordance with the following provisions

Length/Time of Restriction

322.28 - Learn More

Hardship License Available

Yes
Must apply through Florida DMV

Random Drug Testing or Ignition Interlock Requirements

Cannabis

316.193 - Learn More

Other Drugs

316.193 - Learn More

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

 No statute

Threshold

NA

Nanogram Limit

NA

DUI Standards

Being under the influence of alcohol or controlled substances is defined as being affected to the extent that the person's normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life. See 316.1934 - Learn More , Presumption of Impairment

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

316.193 - Learn More
First offense – fine of $500 - $1,000; no more than 6 months imprisonment
Second offense – fine of $1,000 - $2,000; no more than 9 months imprisonment; mandatory ignition interlock for at least one year;
Third offense (w/in 10 years) – 3rd degree felony to include minimum 2-year ignition interlock
Third offense (> 10 years) – fine of $2,000 - $5,000; no more than 12 months imprisonment; minimum 2-year ignition interlock
Fourth and subsequent offense – 3rd degree felony; minimum fine of $2,000

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

316.193 - Learn More
No mention of combined substances found

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

316.193(4) - Learn More

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

381.986 - Learn More
No minimum age listed, but if a patient is younger than 18 years of age, a second physician must concur with this determination, and such concurrence must be documented in the patient's medical record.

Underage Cannabis Laws and Penalties

Underage Possession

Not applicable

Underage Consumption

Not applicable

Underage Purchase

381.986 - Learn More
If a qualified patient is younger than 18 years of age, only a caregiver may purchase or administer marijuana for medical use by the qualified patient. The qualified patient may not purchase marijuana.

Underage Attempt to Purchase

No Data Available
No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

If a patient is younger than 18 years of age, a second physician must concur with this determination, and such concurrence must be documented in the patient's medical record.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

 See 381.986 - Learn More Medical Use of Marijuana. Underage use requires two prescribing physicians, and only qualified caregivers may purchase medical marijuana.

Social Host Laws

Cannabis

Alcohol only - not specific to cannabis or other drugs. See 768.125 - Learn More

Drugs

Alcohol only - not specific to cannabis or other drugs. See 768.125 - Learn More

Penalties for Retailers Who Knowingly Sell to People Under 21

No Data Available

Other

No Data Available