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

DUI penalties in Florida
PenaltyFirst offenseSecond offenseThird offense
Chargefelony of the third degree if the offense occurs within 10 years after a prior DUI conviction
Jailup 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 consecutiveif 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 suspensionlicense revoked for at least 180 days but not more than 1 yearlicense revoked for at least 5 years if the offense occurs within 5 years after a prior DUI convictionlicense revoked for at least 10 years if the offense occurs within 10 years after a prior DUI conviction
Ignition interlockcourt 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 vehiclemandatory 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 vehiclemandatory 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

Official source: other first offense penalties (Florida)

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

Official source: other second offense penalties (Florida)

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

Official source: other third offense penalties (Florida)

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

Official source: when penalties are higher (Florida)

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.

Official source: when a dui is a felony (Florida)

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

Sources

  1. Penalties: 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)
  2. Lookback period: Fla. Stat. § 316.193(2)(b), (6)(b)-(c); § 322.28(2)(a)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.