Florida Alcohol Related Laws and Regulations

Where to Buy Alcohol
Retail, grocery, and convenience stores sell beer and wine in Florida. Retail package stores sell spirits. Alcohol is served at bars and restaurants from 7 a.m. to 1 a.m., except for on Sundays when it is not sold at all. There are a few counties in Florida that are able to sell alcohol all days and hours of the week.

Legal Age for Drinking/Serving Alcohol
The legal age for consuming, transporting, selling, or handling spirits is 21, but at 18, a person can work as a server in a restaurant or bartender. They can also sell beer and wine in establishments where alcohol cannot be consumed on the premises, known as off-premises establishments.

Open Container Laws
If a container of alcohol has been previously opened, it must be transported in the trunk of the vehicle.

BAC Limits
If a person tests (breath, blood, or urine) with a BAC (blood-alcohol content) of .08 or higher, they are considered ‘per se intoxicated’ and can be arrested and convicted of DUI (driving under the influence) without further evidence.

If a driver under the legal age of 21 tests with a BAC level of .02 percent or higher, they face DUI penalties.

A driver that has a BAC of .20 percent higher than the legal limit of .08 percent faces harsher penalties, as do drivers that refuse to comply with an officer’s request to test their level of intoxication.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for six months for the first offense, one year for the second offense, and two years for the third offense.

The state is able to confiscate a driver’s vehicle either permanently or temporarily due to a DUI conviction, mainly for repeat offenders. The installation of an ignition interlock device is also a penalty option, which requires the driver to take a breath-test before the vehicle will start. The offender may also be required to undergo alcohol education, treatment, or assessment for alcohol abuse.

After the fourth conviction, DUI is considered a felony.