What are the penalties for a DUI in Florida?

Every penalty below comes from the Florida Statutes, mainly section 316.193 for the sentence and section 322.28 for the license. The numbers are the ranges the law sets, not a prediction for any one case: where a case lands inside a range, or whether it ends in a conviction at all, depends on the facts and the defense. For how Mr. Mead approaches the charge itself, see the main DUI defense page.

How is a DUI sentence put together, step by step?

1. A conviction. The penalties apply only after a guilty or no contest plea or a guilty verdict on the DUI charge. If the case ends in a dismissal or a plea to another offense, the DUI ranges do not apply.
2. Adjudication. The court must adjudicate the person guilty; withholding adjudication is not allowed for DUI (s. 316.656(1)).
3. The bracket. The judge finds which row of the table below applies, based on prior DUI convictions and their dates, the alcohol level, and whether a minor was in the car.
4. Mandatory terms. The statute's floors are imposed: minimum fines, any minimum jail days, probation with DUI school, community service, impoundment or immobilization, and an interlock where required.
5. The license. The court revokes the license for the period in section 322.28, which is separate from the administrative suspension that began at the arrest.
6. After the sentence. Reinstatement depends on finishing DUI school and other conditions, and the insurance limits rise for at least 3 years.

What are the fines and jail limits for a first, second and third DUI?

The felony limits come from the general sentencing statutes: up to 5 years in prison and a $5,000 fine for a third-degree felony (ss. 775.082(3)(e) and 775.083(1)(c)). For a third or later conviction with a 0.15 or higher reading or a minor in the car, the fine is at least $4,000 (s. 316.193(4)(a)3.). When there are mandatory minimum jail days, the statute requires at least 48 of those hours to be served consecutively (s. 316.193(6)(b) and (c)). Who must install an ignition interlock, for how long and at whose cost is explained on our page about ignition interlock after a Florida DUI. Repeat-offense cases raise their own questions, which we cover on the repeat DUI offenses page.

What else comes with every DUI conviction?

• Court cost: a $135 court cost is added to any fine imposed for DUI (s. 938.07), on top of other standard court costs.
• Probation and DUI school: the court must place every person convicted of DUI on monthly reporting probation and require a substance abuse course from a licensed DUI program, including an evaluation, with any treatment it recommends (s. 316.193(5)). The offender pays the reasonable costs.
• First conviction extras: probation of up to 1 year, at least 50 hours of public service or community work, and impoundment or immobilization of a vehicle for 10 days (s. 316.193(6)(a)).
• Vehicle impoundment on repeat convictions: 30 days for a second conviction within 5 years and 90 days for a third within 10 years (s. 316.193(6)(b) and (c)). The court must dismiss the order if the owner's family has no other means of transportation (s. 316.193(6)(g)).
• No withheld adjudication: a Florida court may not withhold adjudication of guilt on a DUI (s. 316.656(1)), so a DUI conviction stays a conviction.

How long is the license revoked after a DUI conviction?

A conviction brings a court-ordered revocation, separate from the administrative suspension that starts at the arrest (that suspension and its 10-day deadline are explained in how to keep your license within 10 days of a DUI arrest). The court costs and fees that come with these penalties are listed in how much a DUI costs in Florida beyond the fine.

A prior DUI conviction from another state counts as a prior conviction for these periods (s. 322.28(2)(a)). Some drivers can apply for a restricted business-purposes license during a revocation: after 12 months for a revocation of 5 years or less, and after 24 months for a longer one, with DUI program supervision (s. 322.271(2)(c)).

What if the DUI involved a crash?

DUI manslaughter is also a first-degree felony when the driver has a prior conviction for DUI manslaughter, vehicular homicide or certain similar offenses (s. 316.193(3)(c)3.c.). Felony DUI cases follow a different path from a misdemeanor case. Our felony DUI page explains how Mr. Mead approaches them. How a crash changes the case from arrest to sentencing is explained in what happens when a DUI involves a crash.

Does a high breath reading change the case?

Yes, in two ways. A reading of 0.15 or higher moves a conviction into the higher fine and jail brackets and makes the ignition interlock mandatory (s. 316.193(4)). It also limits plea bargaining. Section 316.656(2)(a), Florida Statutes, reads: "No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more." How the test was given, and whether the instrument was maintained and operated properly, are among the questions Mr. Mead reviews in a breath test case.

What about a refused test?

A refusal is not a defense to the penalties above, and since October 1, 2025 a first refusal is itself a second-degree misdemeanor (s. 316.1939). The details, including the one-year license suspension, are on our page about refusing the breath test in Florida. For the order in which all of this happens, see what happens after a DUI arrest in Florida.

What changes the answer?

• The dates of prior convictions. The 5-year and 10-year windows run from the date of a prior conviction to the date of the new offense, not from arrest to arrest (s. 316.193(2)(b), (6)(b), (c)). Prior DUI convictions from other states count toward the revocation periods (s. 322.28(2)(a)).
• A reading of 0.15 or higher, or a passenger under 18. Either moves the case into the higher fine and jail brackets in section 316.193(4) and makes the interlock mandatory.
• Injury, death or property damage. These change the charge itself, as the crash table shows. DUI manslaughter penalties are set out on our page about DUI manslaughter in Florida.
• A plea to a different charge. A reckless driving plea carries the reckless driving penalties instead, but section 316.656(2) limits when a judge may accept one; see whether a DUI can be reduced to reckless driving.
• Family transportation. The impoundment order must be dismissed if the owner's family has no other private or public means of transportation (s. 316.193(6)(g)), as explained on our page about what happens to your car after a Florida DUI.
• Age. A driver under 21 also faces the separate 0.02 rule described in what happens when a driver under 21 is stopped after drinking.

A worked example

For example, take a hypothetical driver convicted of DUI with a breath reading of 0.10, whose only prior DUI conviction was entered 3 years before the new arrest. Because the new offense came within 5 years of the prior conviction, the second-conviction row applies: a fine of $1,000 to $2,000, up to 9 months in jail with at least 10 days, at least 48 hours of them consecutive, and an interlock for at least 1 year. Every vehicle the person owns must be impounded or immobilized for 30 days, not at the same time as the jail term but during the license revocation, which is at least 5 years. After 12 months of that revocation, the person may be able to apply for a business-purposes license if the conditions in section 322.271(2)(c) are met. If the same reading had been 0.16, the fine range would be $2,000 to $4,000 and the interlock at least 2 years. This example is hypothetical; the facts of a real case and how it is resolved decide what applies.

Common mistakes people make

• Assuming a first DUI means no jail exposure; the statute allows up to 6 months even though there is no minimum.
• Counting the 5-year window from the old arrest instead of the old conviction date.
• Forgetting that an old conviction from another state counts toward revocation periods.
• Treating the arrest suspension and the conviction revocation as the same thing; they are separate and can overlap.
• Not raising the family-transportation ground for dismissing an impound order.
• Expecting a withheld adjudication, which Florida law does not allow on a DUI; that also means the conviction cannot be sealed, as explained in whether a DUI can be sealed or expunged.

What to do this week

1. Gather the dates of any earlier DUI arrests and convictions, in any state.
2. Find the breath or blood result on your paperwork, and note whether anyone under 18 was in the car.
3. Deal with the 10-day license deadline first, because it comes long before any sentence.
4. List every vehicle titled in your name, which matters for any impound order.
5. Look at the full cost picture, including court costs and insurance, before deciding how to resolve the case.
6. Speak with a lawyer about the evidence before any plea is discussed.

Frequently asked questions

Is jail mandatory for a first DUI in Florida?

No minimum jail term applies to a first conviction, but the court may impose up to 6 months, or up to 9 months with a reading of 0.15 or higher or a minor in the car (s. 316.193(2)(a), (4)(a)).

How long does a DUI stay on my driving record?

FLHSMV's driving records page says: "Alcohol related entries have a 75-year retention period." Whether the criminal record can be cleared is a separate question covered on our sealing page.

Will my insurance change after a DUI conviction?

Yes. A DUI conviction brings higher required liability limits for at least 3 years, explained on our page about FR-44 insurance after a Florida DUI.

Can I get a hardship license during the revocation?

Often, after a waiting period and with DUI program enrollment, depending on the revocation and any prior record. Who qualifies is explained on our page about a hardship license after a Florida DUI.

Does Palm Beach County have a program that avoids these penalties?

The State Attorney's first-time DUI program, for those it accepts, resolves the DUI count by nolle prosequi after a plea to reckless driving, so the DUI penalties do not follow. Its terms are on our page about the Palm Beach County first-time DUI program.

Is a third DUI always a felony?

No. A third conviction is a third-degree felony only when the offense occurs within 10 years after a prior conviction; otherwise it carries a fine of $2,000 to $5,000 and up to 12 months (s. 316.193(2)(b)1., 2.). A fourth conviction is a felony regardless of when the priors occurred.

Can Mr. Mead help keep these penalties from applying?

The ranges above apply only after a conviction. Mr. Mead reviews the stop, the testing and the procedure to find the issues that matter in each case, and he will give you an honest assessment of where you stand. No outcome can be promised, and past results do not guarantee a similar result. For a confidential conversation about your charge, call (561) 362-6677.

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