Florida · DUI · Checked October 2026

DUI Laws in Florida

What Happens if You Get a DUI in Florida?

Florida calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: Up to 6 months (up to 9 months if BAC was 0.15 or higher or a person under 18 was in the vehicle)
First offense fine: $500 to $1,000 ($1,000 to $2,000 if BAC was 0.15 or higher or a person under 18 was in the vehicle)
First offense license: License revoked for at least 180 days but not more than 1 year
Felony: A third DUI conviction for an offense within 10 years after a prior DUI conviction, or a fourth or subsequent DUI conviction regardless of when the priors occurred, is a felony of the third degree; DUI causing serious bodily injury is a third-degree felony and DUI manslaughter is a second-degree (or first-degree) felony

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Florida DUI Laws: Key Facts

Legal limit (adults): 0.08 BACFla. Stat. § 316.193(1), (4); § 322.2616(1)(a); § 322.62
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (unlawful for a person under 21 to drive or be in actual physical control with a blood- or breath-alcohol level of 0.02 or higher (administrative license suspension, not a criminal DUI by itself))
Enhanced penalties from: 0.15 BAC
Lookback period: 5 years for second-offense mandatory jail, 30-day impoundment and 5-year revocation; 10 years for third-offense felony, mandatory jail and 10-year revocation; a fourth conviction is a felony no matter when the priors occurred. Out-of-state DUI convictions count as priors.
Insurance filing: FR-44, minimum of 3 years (FLHSMV: three years from reinstatement); limits $100,000/$300,000 bodily injury and $50,000 property damage, or a $350,000 certificate of deposit/combined single limit

Florida DUI Penalties by Offense

DUI penalties in Florida for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge			felony of the third degree if the offense occurs within 10 years after a prior DUI conviction
Jail	up to 6 months (up to 9 months if BAC was 0.15 or higher or a person under 18 was in the vehicle)	up to 9 months (up to 12 months if BAC was 0.15 or higher or a person under 18 was in the vehicle); at least 10 days if the offense occurs within 5 years after a prior DUI conviction, with at least 48 hours consecutive	if within 10 years after a prior DUI conviction: third-degree felony, up to 5 years in prison, with at least 30 days (48 hours consecutive); if more than 10 years after a prior conviction: up to 12 months
Fine	$500 to $1,000 ($1,000 to $2,000 if BAC was 0.15 or higher or a person under 18 was in the vehicle)	$1,000 to $2,000 ($2,000 to $4,000 if BAC was 0.15 or higher or a person under 18 was in the vehicle)	if within 10 years after a prior conviction: up to $5,000 (third-degree felony); if more than 10 years after: $2,000 to $5,000; not less than $4,000 if BAC was 0.15 or higher or a person under 18 was in the vehicle
License suspension	license revoked for at least 180 days but not more than 1 year	license revoked for at least 5 years if the offense occurs within 5 years after a prior DUI conviction	license revoked for at least 10 years if the offense occurs within 10 years after a prior DUI conviction
Ignition interlock	court may order at least 6 continuous months if BAC was 0.08 or higher; mandatory for at least 6 continuous months if BAC was 0.15 or higher or a person under 18 was in the vehicle	mandatory for at least 1 year; at least 2 continuous years if BAC was 0.15 or higher or a person under 18 was in the vehicle	mandatory for at least 2 years

First offense: Fla. Stat. § 316.193(2)(a), (2)(c), (4), (5), (6)(a); § 322.28(2)(a)1.; § 322.2715(3)(a)-(b); § 316.656(1) · Second offense: Fla. Stat. § 316.193(2)(a), (4), (5), (6)(b); § 322.28(2)(a)2.; § 322.2715(3)(b)-(c) · Third offense: Fla. Stat. § 316.193(2)(b)1.-2., (4)(a)3., (6)(c); § 322.28(2)(a)3.; § 322.2715(3)(d)-(e); § 775.082(3)(e); § 775.083(1)(c)

When Penalties Are Higher

BAC or breath-alcohol level 0.15 or higher, or a person under 18 in the vehicle: higher fines ($1,000 to $2,000 first; $2,000 to $4,000 second; at least $4,000 third or later), longer jail maximums (9 months first; 12 months second) and mandatory ignition interlock (at least 6 continuous months first; 2 continuous years second); no plea to a lesser offense may be accepted when a test showed 0.15 or moreFla. Stat. § 316.193(4); § 316.656(2)(a)
DUI that causes or contributes to damage to the property or person of another: misdemeanor of the first degree (up to 1 year and up to $1,000)Fla. Stat. § 316.193(3)(c)1.; § 775.082(4)(a); § 775.083(1)(d)
DUI that causes serious bodily injury to another: felony of the third degree (up to 5 years and up to $5,000)Fla. Stat. § 316.193(3)(c)2.
DUI that causes the death of a person or unborn child (DUI manslaughter): felony of the second degree with a mandatory minimum of 4 years in prison; first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or has a prior DUI manslaughter or vehicular homicide conviction; permanent license revocationFla. Stat. § 316.193(3)(c)3.; § 322.28(2)(d)
fourth or subsequent DUI conviction, regardless of when the priors occurred: felony of the third degree; fine of not less than $2,000; permanent license revocation; ignition interlock for at least 5 years if ever reinstatedFla. Stat. § 316.193(2)(b)3.; § 322.28(2)(d); § 322.2715(3)(f)

More on Florida DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

license suspended 1 year for a first refusal or 18 months if previously suspended for refusal; refusing a lawful breath or urine test is also a misdemeanor of the second degree for a first refusal and a misdemeanor of the first degree for a second or subsequent refusalFla. Stat. § 316.1932(1)(a); § 316.1939(1); § 322.2615(1)(b)1.a.

Official source: if you refuse a breath or blood test in Florida

Getting a Restricted License for Business or Employment Purposes (Hardship License)

After an administrative suspension, a first-time driver (no prior 322.2615 suspension or DUI conviction) may get a business-purposes-only license for the suspension period, which waives the formal and informal review. After a DUI conviction, a restricted license requires completing the DUI program course and evaluation; it is not available to a person convicted of DUI two or more times or suspended two or more times for refusal, except that a person revoked for 5 years or less may petition after 12 months (24 months if revoked more than 5 years) for a business-or-employment-only license with DUI program supervision and at least 12 months of not driving and being drug free.

Official source: getting a restricted license for business or employment purposes (hardship license) in Florida

Ignition Interlock

First offense: discretionary for at least 6 continuous months with BAC 0.08 or higher; mandatory for at least 6 continuous months if BAC was 0.15 or higher or a person under 18 was in the vehicle Repeat offenses: second offense: at least 1 continuous year (2 continuous years with BAC 0.15+ or a minor in the vehicle); third offense: at least 2 continuous years; fourth or subsequent: at least 5 years Installed at the offender's expense on all vehicles individually or jointly leased or owned and routinely operated by the offender, before a permanent or restricted license is issued; the department requires it even if the court fails to order it.

Official source: ignition interlock in Florida

Can a DUI Come Off Your Record?

not available for a DUI conviction: courts may not withhold adjudication of guilt for DUI, and sealing or expunction requires that the person not have been adjudicated guilty of the offense Fla. Stat. § 316.656(1) bars withholding adjudication for any violation of s. 316.193; §§ 943.0585 and 943.059 bar sealing or expunction where the person was adjudicated guilty of the charge.

Official source: can a dui come off your record? in Florida

Drivers Under 21

a driver under 21 with a blood- or breath-alcohol level of 0.02 or higher has the license administratively suspended; refusal by an under-21 driver also triggers suspension 6 months for a first violation, 1 year if previously suspended at 0.02 or higher; refusal 1 year (18 months if previously suspended for refusal); at 0.05 or higher the suspension continues until a DUI program substance abuse course is completed; review must be requested within 10 days of the notice

Official source: drivers under 21 in Florida

Driving After Using Drugs

yes: the same DUI statute covers being under the influence of alcoholic beverages, any chemical substance listed in s. 877.111, or any controlled substance under chapter 893 to the extent normal faculties are impaired

Official source: driving after using drugs in Florida

More on DUI Law in Florida

For the state's own guidance, see FLHSMV: Florida DUI and Administrative Suspension Laws.

This page summarizes Florida law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Florida can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Florida?

Jail: up to 6 months (up to 9 months if BAC was 0.15 or higher or a person under 18 was in the vehicle). Fine: $500 to $1,000 ($1,000 to $2,000 if BAC was 0.15 or higher or a person under 18 was in the vehicle). License suspension: license revoked for at least 180 days but not more than 1 year.

How Long Do You Have to Request a License Hearing in Florida?

10 days. How it is counted: the date of issuance of the notice of suspension. Request a formal or informal review from the Florida Department of Highway Safety and Motor Vehicles (Bureau of Administrative Reviews), or instead request a review of eligibility for a business-purposes-only restricted license under s. 322.271(7), which waives the formal and informal review; the 10-day temporary permit expires at midnight of the 10th day after the notice is issued. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Florida?

a third DUI conviction for an offense within 10 years after a prior DUI conviction, or a fourth or subsequent DUI conviction regardless of when the priors occurred, is a felony of the third degree; DUI causing serious bodily injury is a third-degree felony and DUI manslaughter is a second-degree (or first-degree) felony

Do You Need an FR-44 After a DUI in Florida?

Yes. How long: minimum of 3 years (FLHSMV: three years from reinstatement); limits $100,000/$300,000 bodily injury and $50,000 property damage, or a $350,000 certificate of deposit/combined single limit. An FR-44 is a form your insurer files with the state to prove you carry the required coverage.