Vehicle · DUI penalties
DUI Penalties in Florida
The jail, fines, and license loss for a DUI in Florida by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in Florida
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
Florida DUI fines, mandatory minimums, and ignition interlock rules are amended often. Confirm the current figures for your offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first DUI under section 316.193 is punishable by up to six months in jail, a fine of $500 to $1,000, at least a 180-day license suspension, 50 hours of community service, and up to one year of probation. |
| Second offense | A second DUI carries up to nine months in jail and a $1,000 to $2,000 fine. If it is within five years of a prior, there is a mandatory minimum of 10 days in jail and a five-year license revocation. |
| Third offense | A third DUI within 10 years of a prior is a felony of the third degree, punishable by 30 days to five years, with a mandatory minimum of 30 days in jail and a 10-year license revocation. |
| Felony threshold | A DUI becomes a felony on a third conviction within 10 years of a prior, on a fourth conviction ever, or when the driving causes serious bodily injury or death. |
| Ignition interlock | An interlock is required for at least six months on a first conviction with a blood alcohol level of 0.15 or higher or a minor passenger, and for at least one year on a second conviction, or two years if aggravated. |
| What raises the penalty | What it means |
|---|---|
| High blood alcohol level | A blood or breath alcohol level of 0.15 or higher raises the first-offense fine to $1,000 to $2,000 and the maximum jail to nine months, and lengthens the required interlock. |
| Minor passenger | Driving under the influence with a passenger under 18 raises the same first-offense penalty to a $1,000 to $2,000 fine and up to nine months in jail. |
| Causing injury | A DUI causing serious bodily injury is a felony of the third degree, and DUI manslaughter is a felony of the second degree carrying years in state prison. |
| Refusing the chemical test | Refusing a lawful breath, blood, or urine test suspends the license for one year on a first refusal and 18 months on a later refusal, and a second refusal is itself a misdemeanor. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in Florida. This is legal information, not legal advice.
- Get a DUI defense lawyer
Florida DUI sentencing turns on priors, the alcohol level, and injuries. A Florida DUI attorney can explain the exposure for your offense date and county.
- Track both cases
You face a criminal case in court and an administrative case at the DHSMV. You generally have only 10 days after arrest to challenge the administrative suspension.
- Confirm interlock and community-service terms
Ask whether an ignition interlock is required for your offense level and how the 50-hour community service and DUI school apply.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ The Florida Bar, Lawyer Referral ServiceThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in Florida get wrong about DUI penalties
A first Florida DUI under Florida Statute 316.193 is a misdemeanor. The court can order up to six months in jail, a fine of $500 to $1,000, at least 180 days of license suspension, 50 hours of community service, and probation. If the alcohol level was 0.15 or higher, or a passenger under 18 was in the car, the fine rises to $1,000 to $2,000 and jail to nine months. A second conviction carries up to nine months and a $1,000 to $2,000 fine, with a mandatory 10 days in jail if it comes within five years of a prior. The offense turns into a felony of the third degree on a third conviction within 10 years, on a fourth conviction ever, or when the driving causes serious injury or death. An ignition interlock is required after a high-reading first offense and after any second offense. These are the criminal penalties. The state motor vehicle department runs a separate license suspension.
Common questions
What is the penalty for a first DUI in Florida?
A first DUI is a misdemeanor under section 316.193, with up to six months in jail, a $500 to $1,000 fine, at least 180 days of license suspension, 50 hours of community service, and probation.
When is a DUI a felony in Florida?
A DUI is a felony on a third conviction within 10 years of a prior, on a fourth conviction ever, or when it causes serious bodily injury or death.
How long does a DUI stay on your record in Florida?
For felony enhancement, a third DUI counts within 10 years of a prior. A DUI conviction cannot be sealed or expunged in Florida and stays on the driving and criminal record long term.
Is the license suspension the same as the court penalty in Florida?
No. The DHSMV administrative suspension is separate from the criminal case. You generally have 10 days after arrest to challenge it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.