Florida · DUI · Checked October 2026
Florida DUI Penalties: First, Second and Third Offense
Florida DUI Penalties: What Are the Rules?
Florida sets DUI penalties by offense, and they rise with each conviction.
- 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
Florida DUI Penalties by 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 |
Other First Offense Penalties in Florida
- probation for up to 1 year (probation and jail together may not exceed 1 year)
- at least 50 hours of public service or community work
- impoundment or immobilization of a vehicle for 10 days (not concurrent with jail)
- monthly reporting probation and a DUI program substance abuse course with psychosocial evaluation, plus treatment if referred
- the court may not withhold adjudication of guilt for DUI
Other Second Offense Penalties in Florida
- if within 5 years of a prior conviction: impoundment or immobilization of all vehicles owned for 30 days
- monthly reporting probation and a DUI program substance abuse course with psychosocial evaluation, plus treatment if referred
Other Third Offense Penalties in Florida
- if within 10 years of a prior conviction: impoundment or immobilization of all vehicles owned for 90 days
- monthly reporting probation and a DUI program substance abuse course with psychosocial evaluation, plus treatment if referred
When Penalties Are Higher in Florida
- 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 more
- 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)
- DUI that causes serious bodily injury to another: felony of the third degree (up to 5 years and up to $5,000)
- 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 revocation
- 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 reinstated
When a DUI Is 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) felonyFla. Stat. § 316.193(2)(b)1., (2)(b)3., (3)(c)2.-3.
How Far Back Prior Offenses Count in Florida
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.Fla. Stat. § 316.193(2)(b), (6)(b)-(c); § 322.28(2)(a)
Official source: how far back prior offenses count (Florida)
More on DUI Law in Florida
See the full overview of DUI laws in Florida and read about first-offense DUI penalties across the states.
This page summarizes Florida law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in Florida?
Jail: 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. Fine: $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). License suspension: license revoked for at least 5 years if the offense occurs within 5 years after a prior DUI conviction.
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