Florida DUI Penalties: First, Second and Third Offense

A first DUI conviction in Florida carries a fine of $500 to $1,000, up to 6 months in jail, a license revocation of 180 days to 1 year, 50 hours of community service, a 10-day vehicle impoundment and up to 1 year of probation with DUI school. Penalties rise with a blood-alcohol level of 0.15 or more, a child in the car, a crash, or each prior conviction, and a third DUI within 10 years is a felony. The most urgent deadline is not in court: you have only 10 days after the arrest to challenge the automatic license suspension. This guide sets out every penalty from the Florida Statutes, in one place.

This guide is general information, not legal advice. If you have been arrested, speak to a Florida criminal defense lawyer before the 10-day deadline passes.

The short version

• 10 days: the time to request a review of the roadside license suspension, or to ask about a restricted license (s. 322.2615).
• 0.08 is the legal limit, but you can be convicted below it if your normal faculties were impaired (s. 316.193(1)).
• No withhold of adjudication: a judge cannot withhold adjudication in a DUI case, so a conviction stays on your record (s. 316.656).
• At 0.15 or more, fines and jail limits roughly double, an ignition interlock is required even for a first offense, and a plea to a lesser offense is barred.
• Refusing the breath test means a 1-year suspension for a first refusal, 18 months for a second, and a second refusal is itself a crime.
• Fourth DUI: permanent license revocation (s. 322.28(2)(d)).

Florida DUI penalties at a glance

The table lists the penalties set by section 316.193 for a DUI without injury, by number of convictions.

Every conviction also brings monthly reporting probation and a DUI program substance abuse course with an evaluation (s. 316.193(5)), and court costs on top of the fine.

What counts as DUI in Florida?

You commit DUI if you drive, or are in actual physical control of, a vehicle while impaired by alcohol or drugs, or with a blood or breath alcohol level of 0.08 or more.

• Impairment is enough on its own: a driver below 0.08 can be convicted if alcohol, a controlled substance or certain chemicals impaired their normal faculties.
• "Actual physical control" covers sitting in the driver's seat with the ability to drive, even if the car is not moving.
• Drugs count, including controlled substances taken under a prescription if they impair your faculties.

What happens to my license after a DUI arrest?

The officer takes your license and gives you a 10-day temporary permit; the suspension starts immediately and is separate from the criminal case.

Within 10 days of the arrest you can request a formal or informal review of the suspension with the Department of Highway Safety and Motor Vehicles; a formal hearing must be scheduled within 30 days of the request. A first-time driver whose license was never suspended under this law and who has no DUI conviction can instead ask for a restricted, business-purpose license (s. 322.271(7)). Miss the 10 days and you lose both options.

Should I refuse a breath test in Florida?

Refusing leads to a longer suspension than failing: 1 year for a first refusal and 18 months for a second, and a second refusal is a first-degree misdemeanor. By driving in Florida you have agreed to a lawful breath or urine test after a DUI arrest (implied consent, s. 316.1932). A refusal can also be used as evidence against you at trial. This is a decision to discuss with a lawyer, not a loophole.

What extra penalties apply at 0.15 or with a child in the car?

A blood or breath alcohol level of 0.15 or more, or a passenger under 18, raises the fine and jail limits and makes an ignition interlock mandatory from the first conviction.

• Fine $1,000-$2,000 and up to 9 months in jail for a first conviction; $2,000-$4,000 and up to 12 months for a second (s. 316.193(4)).
• Ignition interlock for at least 6 continuous months after a first conviction and 2 continuous years after a second.
• No plea to a lesser charge: if a breath or blood test showed 0.15 or more, the judge may not accept a guilty plea to a lesser offense such as reckless driving (s. 316.656(2)).

What if someone was hurt?

A DUI that causes property damage or injury is a first-degree misdemeanor, serious bodily injury makes it a third-degree felony, and a death is DUI manslaughter, a felony with a mandatory minimum of 4 years in prison. DUI manslaughter is a second-degree felony, or first-degree if the driver knew of the crash and left without giving information and aid (s. 316.193(3)). After a DUI crash causing death or serious injury, expect a long revocation and a civil claim for damages as well.

What other sanctions come with a conviction?

Community service, vehicle impoundment, probation, DUI school and, for repeat offenses, minimum jail time.

• First conviction: at least 50 hours of community service and a 10-day impoundment or immobilization of a vehicle, within up to 1 year of probation (s. 316.193(6)(a)).
• Second within 5 years: at least 10 days in jail, 48 hours of it consecutive, and a 30-day impoundment of every vehicle you own.
• Third within 10 years: at least 30 days in jail and a 90-day impoundment.
• DUI program: every offender completes a licensed substance abuse course with a psychosocial evaluation, plus any treatment it recommends; failing to finish it cancels the license.

Will a DUI stay on my record?

Yes. Florida law forbids judges to withhold adjudication in a DUI case (s. 316.656), and sealing is generally available only where the person was not adjudicated guilty, so a DUI conviction cannot be sealed or expunged. This is why many defendants fight the charge or negotiate a reduction to reckless driving, which is possible only when the test was below 0.15. An arrest that ends in dismissal or acquittal may be eligible for sealing or expungement.

How do I choose a DUI lawyer?

Look for a lawyer who handles DUI cases regularly in your county, and ask about the 10-day license review on the first call. A lawyer certified by The Florida Bar in criminal trial law has passed its peer review and exam for trial work. Compare criminal defense lawyers in our rankings for Miami, Fort Lauderdale, Orlando and Tampa, or browse all criminal defense lawyers. Before you hire, see the questions to ask a lawyer and how to check a lawyer's Florida Bar record.

What to do in the first 10 days

1. Write down everything you remember about the stop, the tests and what the officer said.
2. Keep the citation, the notice of suspension and the 10-day temporary permit.
3. Talk to a DUI lawyer about requesting the formal review or a restricted license before day 10.
4. Do not drive after the temporary permit expires unless you have a restricted license.
5. Note your court date on the citation; missing it leads to a warrant.

For what happens in the criminal case itself, from first appearance to trial, see what happens after an arrest in Florida.

Frequently asked questions

Is a first DUI a felony in Florida?

No. A first DUI without serious injury is a misdemeanor punished by up to 6 months in jail (9 months at 0.15 or with a minor). It becomes a felony with serious bodily injury, a death, a third conviction within 10 years or a fourth conviction.

Can I get a hardship license after a DUI in Florida?

Often, yes. A first-time driver can ask for a business-purpose restricted license within the 10-day window, and after a conviction a restricted license may be available once DUI school is completed, subject to the waiting periods in section 322.271.

Can a DUI be reduced to reckless driving?

Prosecutors sometimes agree, which avoids a DUI conviction. It is not allowed when a breath or blood test showed 0.15 or more (s. 316.656(2)).

How long does a DUI stay on my Florida driving record?

DUI convictions are counted for later offenses with look-back periods of 5 and 10 years, and a DUI conviction itself cannot be sealed from your criminal record.

Do I need an ignition interlock after a first DUI?

Only if your level was 0.15 or more or a minor was in the car (at least 6 months), or if the judge orders it (at least 6 months). It is mandatory after any second conviction.

Does an out-of-state DUI count in Florida?

Yes. A DUI or similar conviction from another state counts as a prior conviction when Florida sets the license revocation (s. 322.28(2)(a)).

Sources

• Florida Statutes, section 316.193 (driving under the influence; penalties)
• Florida Statutes, section 316.656 (mandatory adjudication; no lesser plea at 0.15)
• Florida Statutes, section 322.28 (period of revocation)
• Florida Statutes, section 322.2615 (administrative suspension and review)
• Florida Statutes, section 322.271 (restricted driving privilege)
• Florida Statutes, section 316.1932 (implied consent)
• Florida Statutes, section 316.1939 (refusal to submit to testing)
• Florida Statutes, section 943.059 (sealing of criminal history records)
• Florida Statutes, section 775.082 (penalties for felonies and misdemeanors)