DUI Penalties in Florida — Complete Guide

Under Florida Statute § 316.193, DUI penalties in Florida range from a $500 fine and up to 6 months in jail for a first offense to a mandatory minimum 30-day prison term and permanent license revocation for a fourth offense. Consequences include fines, jail or prison, license suspension or revocation, ignition interlock, vehicle impoundment, probation, DUI school, community service, FR-44 insurance, and a permanent criminal record. Understanding exactly what you face — and which penalties are mandatory versus negotiable — is the first step in building a defense.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Are the Penalties for a First DUI in Florida?

A first DUI conviction under § 316.193(2)(a) carries a fine of $500 to $1,000, up to 6 months in jail, up to 12 months of probation (combined with jail not to exceed 12 months), mandatory 50 hours of community service (or payment of $10 per hour in lieu of service), 10-day vehicle impoundment, DUI school attendance, and a license suspension of 6 to 12 months. If your BAC was .15 or higher or a minor was in the vehicle, the fine increases to $1,000–$2,000 and the jail maximum increases to 9 months under § 316.193(4). An ignition interlock device is mandatory for 6 months on a .15 or higher first offense.

What Are the Penalties for a Second DUI in Florida?

A second DUI conviction within 5 years of the first triggers a mandatory minimum 10 days in jail under § 316.193(6)(b), a fine of $1,000–$2,000, up to 9 months in jail, and a 5-year license revocation. If outside the 5-year window, the mandatory jail minimum does not apply, but the fine is still $1,000–$2,000 and revocation is 180 days to 1 year. A second offense at .15 or higher increases the fine to $2,000–$4,000 and jail to 12 months. Ignition interlock is mandatory for a minimum of 1 year after a second conviction under § 316.193(2)(a)(3).

What Are the Penalties for a Third DUI in Florida?

A third DUI within 10 years of a prior DUI conviction is a third-degree felony under § 316.193(2)(b)(1), punishable by up to 5 years in state prison. It carries a mandatory minimum 30-day jail sentence, a fine of $2,000–$5,000, and a 10-year license revocation (with eligibility for a hardship license after 2 years under § 322.271). A third DUI outside the 10-year window is a first-degree misdemeanor, carrying up to 12 months in jail, a fine of $2,000–$5,000, and license revocation of up to 10 years. Ignition interlock is mandatory for a minimum of 2 years under § 316.193(2)(a)(3).

What Are the Penalties for a Fourth or Subsequent DUI in Florida?

A fourth or subsequent DUI is always a third-degree felony under § 316.193(2)(b)(2), regardless of when the prior convictions occurred — there is no time limit. It is punishable by up to 5 years in state prison and a fine of $2,000–$5,000. License revocation is permanent, and there is no hardship license eligibility. The Florida Department of Highway Safety and Motor Vehicles treats fourth-offense DUI as a lifetime revocation. Ignition interlock, if the person ever drives legally again, is mandatory for a minimum of 5 years.

What Are the Penalties for DUI With Serious Bodily Injury in Florida?

DUI causing serious bodily injury is a third-degree felony under § 316.193(3)(c)(1), punishable by up to 5 years in prison and a fine up to $5,000. “Serious bodily injury” means an injury that involves a substantial risk of death, permanent disfigurement, or loss or impairment of a body part or organ. The license revocation is 3 years. This charge often runs alongside a civil lawsuit, and every statement made to law enforcement is potentially used in both proceedings.

What Are the Penalties for DUI Manslaughter in Florida?

DUI manslaughter — causing the death of another person or an unborn child while DUI — is a second-degree felony under § 316.193(3)(c)(3), punishable by up to 15 years in prison and a fine up to $10,000. If the driver knew or should have known the accident occurred and failed to render aid or give information (leaving the scene), it becomes a first-degree felony under § 316.193(3)(c)(3)(b), punishable by up to 30 years in prison. Permanent license revocation applies, with no hardship eligibility. DUI manslaughter is among the most severely prosecuted charges in Florida courts. The 10-day mandatory minimum that applies in a regular DUI becomes a 4-year mandatory minimum prison sentence here under the scoring guidelines.

What License Suspension and Revocation Applies to Florida DUI?

Florida imposes two separate suspension mechanisms: the administrative suspension through DHSMV under § 322.2615 (separate from the criminal case), and the criminal conviction suspension under § 322.28. The administrative suspension begins within 10 days of arrest — 6 months for a first offense at .08 or higher, 1 year for a first refusal. The criminal conviction suspension runs separately: 6 months to 1 year for a first conviction, up to 5 years for a second within 5 years, and permanent revocation for a third felony DUI or fourth offense. These suspensions run consecutively if both are imposed. A hardship license may be available in some cases.

When Is an Ignition Interlock Device Required for Florida DUI?

Under § 316.193(2)(a)(3), ignition interlock is mandatory for 6 months for any first-offense DUI with a BAC of .15 or higher or a minor in the vehicle; for a minimum of 1 year for any second DUI conviction; and for a minimum of 2 years for any third or subsequent conviction. Installation costs approximately $70–$150 per month including device rental and monthly calibration. Tampering with the device or having another person provide a breath sample is a noncriminal traffic infraction under § 316.1937 that carries a 1-year license revocation (5 years for a second violation). The device must be on all vehicles the convicted person owns or regularly operates. See the ignition interlock page for full details.

What Are the Probation Conditions in a Florida DUI Conviction?

Florida DUI probation under § 316.193 typically runs for 12 months and includes: DUI school enrollment (Level I: 12 hours for BAC under .15; Level II: 21 hours for BAC .15 or higher or second offense); a substance abuse evaluation and any recommended treatment; 50 hours of community service or $10 per hour payment in lieu; monthly reporting to a probation officer; random drug and alcohol testing; no new criminal offenses; and payment of all court costs, fines, and supervision fees. Violation of DUI probation triggers a violation of probation hearing, at which the judge can impose the suspended portion of any jail sentence without the state proving a new crime beyond a reasonable doubt.

What Is FR-44 Insurance and How Long Is It Required After a Florida DUI?

FR-44 is Florida’s high-risk driver insurance certificate required after any DUI conviction under § 627.7415. It requires bodily injury liability coverage of $100,000 per person and $300,000 per accident — four times the standard minimum — and property damage coverage of $50,000. FR-44 is required for 3 years following a DUI conviction. The typical cost increase is $1,500–$3,000 per year over standard rates, meaning a DUI conviction adds $4,500–$9,000 in insurance costs over the FR-44 period alone. A reckless driving reduction avoids FR-44 entirely — only SR-22 is required, which carries far lower coverage requirements and cost. See DUI reduced to reckless driving.

Does a Florida DUI Stay on Your Record Permanently?

Yes. A DUI conviction in Florida cannot be expunged or sealed under § 943.0585 or § 943.059. It is permanent on your criminal record and your driving record. The conviction shows on background checks for employment, professional licensing (nursing, teaching, real estate, law), housing applications, and security clearances. Florida law also prohibits any court-ordered sealing of a DUI conviction — unlike most other first-time misdemeanor or felony convictions where adjudication can be withheld and the record sealed. Because the conviction is permanent, fighting the charge before it ever becomes a conviction is critical in every case.

Florida DUI Penalty Summary Table

Related DUI Topics

• DUI in Florida — Overview
• DUI Defenses — How to Fight DUI Charges
• Hardship License After DUI — Florida
• Ignition Interlock Device — Florida DUI
• DUI Reduced to Reckless Driving
• DUI Administrative Suspension — Polk County
• First DUI in Florida
• CDL DUI in Florida — Commercial Driver Defense

Frequently Asked Questions — DUI Penalties in Florida

Is a first DUI in Florida a felony or misdemeanor?

A first DUI in Florida is a misdemeanor under § 316.193(2)(a), punishable by up to 6 months in jail and a $500–$1,000 fine. The penalties increase (up to 9 months, $1,000–$2,000 fine) if your BAC was .15 or higher or a minor was in the vehicle at the time. A third DUI within 10 years, or any fourth DUI, becomes a third-degree felony punishable by up to 5 years in state prison.

How long is your license suspended for a first DUI conviction in Florida?

Under § 322.28, a first DUI conviction carries a criminal conviction suspension of 6 months to 1 year — separate from the administrative suspension imposed at arrest. You may be eligible for a hardship license after 30 days of hard suspension (or immediately if you enrolled in DUI school and waived your formal review hearing). Both suspensions can run at the same time or consecutively depending on the timeline.

Can a Florida DUI be expunged or sealed?

No. A DUI conviction in Florida cannot be expunged or sealed under any circumstances. Florida Statute § 943.0585 and § 943.059 explicitly exclude DUI convictions from eligibility for expungement or sealing. The conviction is permanent on your criminal and driving records. This is the single most important reason to fight a DUI charge before conviction rather than accept a plea — a reckless driving reduction, for example, may be eligible for sealing after the required waiting period.

What is the mandatory minimum jail time for a second DUI in Florida?

A second DUI conviction within 5 years of a prior DUI conviction carries a mandatory minimum 10 days in jail under § 316.193(6)(b). If the second conviction is outside the 5-year window, there is no mandatory minimum jail, though the court still has discretion to impose up to 9 months. On top of the jail minimum, a second conviction within 5 years triggers a 5-year license revocation and mandatory ignition interlock for a minimum of 1 year.

What is FR-44 insurance and how long is it required after a Florida DUI?

FR-44 is a certificate of financial responsibility required for 3 years after any DUI conviction under § 627.7415. It mandates bodily injury liability coverage of $100,000 per person / $300,000 per accident and property damage of $50,000 — significantly higher than standard minimums. The average cost increase is $1,500–$3,000 per year, adding $4,500–$9,000 over the 3-year FR-44 period alone. A reckless driving reduction only requires the less expensive SR-22 certificate.

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What Administrative Consequences Does a Florida DUI Trigger Beyond Criminal Penalties?

Florida DUI under § 316.193 carries two parallel tracks of consequences: criminal and administrative. The criminal case moves through the court system. The administrative case — brought by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) — proceeds independently and on a faster timeline. Upon a DUI arrest, the DHSMV automatically suspends the driver’s license: 6 months for a first offense with a breath or blood test at or above .08, or 12 months for a first refusal to submit to chemical testing. The driver has only 10 days from the arrest date to request a formal review hearing at the DHSMV to contest this administrative suspension. Miss the 10-day window and the suspension is automatic, with no hearing. A hardship license may be available — allowing driving for employment, medical, or educational purposes — but eligibility depends on the offense and the driver’s history.

Beyond the license suspension, Florida DUI convictions require ignition interlock device installation for repeat offenses and for first offenses above .15 BAC, FR-44 high-risk insurance for three years (minimum $100,000/$300,000 liability limits — significantly more expensive than the SR-22 required in other states), and vehicle impoundment for 10 days on a first conviction. These administrative consequences run concurrently with — but entirely independently from — the criminal penalties under § 316.193. Effective DUI defense addresses both tracks. See also our pages on DUI Defense Overview and CDL Holders Facing DUI Charges for charge-specific strategy.