A first DUI in Florida carries a $500 to $1,000 fine, up to six months in jail and a license revocation of 180 days to one year. A second DUI raises the fine to $1,000 to $2,000 and allows up to nine months in jail, with 10 days of mandatory jail and a five year revocation if it is within five years of the first. A third DUI within 10 years is a third degree felony, and a fourth DUI is always a felony.
Key takeaways
- Penalties increase with a BAC of 0.15 or higher or a minor in the car.
- A second DUI within 5 years requires at least 10 days in jail.
- A third DUI within 10 years is a felony.
- A fourth DUI is a felony no matter when the priors happened.
- Florida does not allow a withhold of adjudication on DUI.
What are the penalties for a first DUI in Florida?
Under § 316.193, Fla. Stat., a first DUI is punishable by a fine of $500 to $1,000, up to six months in jail, probation, 50 hours of community service, DUI school, a 10 day vehicle impound and a license revocation of 180 days to one year. If your BAC was 0.15 or higher or a minor was in the vehicle, the fine increases to $1,000 to $2,000, jail exposure increases to nine months and an ignition interlock device is required.
What are the penalties for a second DUI?
A second DUI carries a fine of $1,000 to $2,000, or $2,000 to $4,000 with a high BAC or minor in the car, and up to nine months in jail. If the second DUI is within five years of the first conviction, the law requires at least 10 days in jail, a minimum five year license revocation with possible hardship eligibility after one year, and an ignition interlock for at least one year.
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When does a DUI become a felony in Florida?
- Third DUI within 10 years. A third degree felony with at least 30 days in jail and a 10 year license revocation.
- Third DUI more than 10 years later. Generally a misdemeanor with up to 12 months in jail and higher fines.
- Fourth DUI. A third degree felony regardless of timing, with permanent license revocation.
- DUI with serious bodily injury. A third degree felony.
- DUI manslaughter. A second degree felony with a four year mandatory minimum.
Can DUI penalties be avoided or reduced?
Yes, in many cases. Challenging the traffic stop, the arrest, the breath or blood test and the officer's observations can lead to dismissal or a reduction to reckless driving. Because DUI convictions cannot be withheld or sealed, avoiding a DUI conviction is often the most important goal.
Frequently asked questions
How long does a DUI stay on your record in Florida?
A DUI conviction stays on your criminal record permanently and on your driving record for 75 years.
Is jail mandatory for a first DUI in Florida?
Not for most first DUIs without injury. Jail is mandatory for a second DUI within five years and a third DUI within 10 years.
What is the look-back period for DUI in Florida?
Florida counts prior DUIs for life, but timing matters. Five and 10 year windows trigger mandatory jail, longer revocations and felony charges.
Can I get a hardship license after a DUI?
Often, yes, after completing DUI school and waiting the required period, which depends on the number of prior offenses.
Related practice areas
Practice areaDUI Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
Practice areaCriminal Defense Attorney
Keep reading
DUI & TrafficCan You Refuse a Field Sobriety Test in Florida?
DUI & TrafficDriving With a Suspended License in Florida
DUI & TrafficBoating Under the Influence in Florida
DUI & TrafficLeaving the Scene of an Accident in Florida
Florida law referenced: § 316.193, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.