DUI Penalties in Florida: Fines, Jail, and License Suspension

Florida DUI penalties depend on how many prior offenses you have, your breath or blood alcohol level, and whether anyone was hurt. For a first offense in Florida, you’re usually looking at a fine of $500 to $1,000 and up to 6 months in jail (Fla. Stat. 316.193). A second offense within 5 years and a third within 10 years carry steeper, sometimes mandatory penalties. Below is a plain breakdown of the fines, jail time, and license suspensions, plus the one deadline that can’t wait.

First, take a breath. Being arrested isn’t the same as being convicted. Knowing what you’re facing helps you make calm decisions in the next few days.

How Florida Defines DUI

Under Florida law, you can be charged with driving under the influence (DUI) if your normal faculties are impaired or your blood or breath alcohol level meets a set limit (Fla. Stat. 316.193).

The limits depend on who you are:

• 0.08 percent for drivers 21 and older (Fla. Stat. 316.193).
• 0.02 percent for drivers under 21 (FLHSMV).
• 0.04 percent for commercial driver’s license (CDL) holders (FLHSMV).

A blood or breath alcohol level of 0.15 percent or higher is treated as an aggravated reading and raises the fines and other penalties at every offense level (Fla. Stat. 316.193). For more on how charges are built, see our guide to Florida DUI laws.

Florida DUI Penalties by Offense

Florida counts prior DUIs using a “lookback” window. A second offense counts if it happens within 5 years of the prior conviction, and a third counts if it happens within 10 years of a prior offense (Fla. Stat. 316.193). You can read more in our DUI lookback period article.

Here’s how the core criminal penalties usually break down. Judges have discretion, and a high BAC or a minor in the car can push penalties higher.

Source: Fla. Stat. 316.193. A first offense with a BAC of 0.15 or higher, or with a passenger under 18, raises the fine to a range of $1,000 to $2,000 and increases possible jail time.

First Offense

A first DUI is usually a misdemeanor. Beyond the fine and possible jail, the court typically orders probation, 50 hours of community service, DUI school, and a 10-day vehicle impoundment (Fla. Stat. 316.193). See our dedicated page on a first offense DUI in Florida.

Second Offense

A second conviction within 5 years carries a mandatory minimum of 10 days in jail and a minimum 5-year license revocation (Fla. Stat. 316.193). It also triggers a mandatory ignition interlock device.

Third Offense

A third DUI within 10 years of a prior offense is usually a third-degree felony, punishable by up to 5 years in prison and a minimum 10-year license revocation (Fla. Stat. 316.193). Learn more about felony DUI in Florida.

The 10-Day License Deadline You Can’t Miss

When you’re arrested for DUI in Florida, the officer usually takes your license on the spot and gives you a citation that acts as a 10-day temporary permit (Fla. Stat. 316.1932). This is an administrative suspension, which is separate from anything that happens in criminal court.

You have 10 days from the date of arrest to request a formal review hearing with the FLHSMV to challenge that suspension (FLHSMV). Miss the deadline, and the suspension takes effect automatically with no hearing.

The administrative suspension periods are:

• 6 months for a first breath or blood test failure at 0.08 or higher (FLHSMV).
• 1 year for a repeat test failure (FLHSMV).
• 1 year for a first refusal to take the test (FLHSMV).
• 18 months for a second or later refusal (FLHSMV).

Because this clock starts at arrest, it’s the most urgent item on your list. Our Florida DUI license suspension guide walks through the hearing in detail. If you declined the breath test, see refusing a breathalyzer in Florida.

Ignition Interlock and Other Costs

An ignition interlock device (IID) is a breath tester wired to your car that won’t let it start if it detects alcohol. Florida requires one in these situations (Fla. Stat. 316.193):

• First offense: 6 months if your BAC was 0.15 or higher, or a minor was in the car.
• Second offense: at least 1 year (2 years if aggravated).
• Third offense: at least 2 years.

You pay for installation and monthly monitoring. Add court fines, DUI school, increased insurance, and reinstatement fees, and the real cost climbs well past the base fine. See our Florida DUI cost breakdown.

Frequently Asked Questions

How long does a DUI stay on your record in Florida?

A Florida DUI conviction stays on your driving record for 75 years and generally cannot be sealed or expunged once you’re convicted (FLHSMV). It also counts as a prior for the 5-year and 10-year lookback windows used to enhance future DUI penalties under Fla. Stat. 316.193.

Is a first DUI a felony in Florida?

No, a first DUI is usually a misdemeanor in Florida (Fla. Stat. 316.193). It can become a felony if there’s serious bodily injury, a death, or a passenger under 18 in some cases. A third offense within 10 years of a prior is also typically charged as a felony.

Can I drive after a Florida DUI arrest?

Usually yes, for the first 10 days. Your citation typically acts as a temporary permit for 10 days after arrest (Fla. Stat. 316.1932). If you request a formal review hearing in that window, you may get a temporary permit while it’s pending. After that, eligibility depends on a hardship license.

What is the minimum penalty for a first DUI in Florida?

For a standard first offense, the minimum fine is $500, plus probation, 50 hours of community service, DUI school, and a 10-day vehicle impoundment (Fla. Stat. 316.193). Jail isn’t always required at the low end, but the court can impose up to 6 months.

What to do next: mark the 10-day administrative review deadline from your arrest date, since that window closes fast. Then gather your arrest paperwork and any court date so you know exactly which deadlines apply to your case.