DUI is short for "driving under the influence." A person is guilty of the offense if such person is driving (or in actual physical control of a vehicle) within Florida, and the person is under the influence of alcohol to the extent that his or her “normal faculties are impaired” or when the driver has a blood alcohol level of 0.08% or higher. You do not need to be drunk to be guilty of DUI, you need only have you normal faculties impaired by alcohol.

The ability to drive in Florida is a privilege, not a right. When you drive, you exercise your privilege and submit to all the driving laws of Florida. This includes giving your consent to submit to a breath test (what does the bottom line of your driver’s license say?) for the purpose of the police determining the amount of alcohol in your system.


In some situations, you may refuse to take a blood-alcohol test, but this will result in the suspension of your driver’s license for one (1) year by the Department of Highway Safety and Motor Vehicles (assuming it is your first refusal; if it is not your first refusal, the penalties go up). Assuming the State proceeds to prosecute you criminally, your refusal to take the breath test may – and probably will – be used against you in a court of law.

DUI is a very serious criminal offense. There are many ways the State of Florida can prove its case against you. If you or someone you know has been arrested for DUI, call the Abreu Law Firm for a free consultation in either English or Spanish.

To see Florida’s DUI statistics, Click here.