Reflects Florida Statutes as of the 2025 session. Every figure links to the official statute on Online Sunshine, which opens in a new window.
Florida DUI penalties escalate by prior record and by aggravating conditions such as blood- or breath-alcohol level, the presence of a minor, and injury or death. The controlling statute is § 316.193, Fla. Stat.
Base penalties — § 316.193(2)
| Conviction | Fine | Jail | Ignition interlock |
|---|---|---|---|
| First | $500 – $1,000 | up to 6 months | — |
| Second | $1,000 – $2,000 | up to 9 months | at least 1 year |
| Third within 10 yrs of a prior | Third-degree felony | at least 2 years | |
| Third after 10+ yrs | $2,000 – $5,000 | up to 12 months | at least 2 years |
| Fourth or subsequent (any time) | Third-degree felony; fine not less than $2,000 | ||
Mandatory jail on priors — § 316.193(6)
| Second within 5 yrs of a prior | at least 10 days mandatory |
| Third or subsequent within 10 yrs | at least 30 days mandatory |
Driver license revocation — § 322.28
Revocation is imposed by the court at sentencing and runs from the date of conviction. The periods below are those set by § 322.28(2), Fla. Stat. The five- and ten-year windows are measured from the date of the prior conviction.
| Conviction | Minimum | Maximum |
|---|---|---|
| First (not resulting in death) | 180 days | 1 year |
| Second within 5 yrs of a prior conviction | 5 years | not capped by statute |
| Second outside 5 yrs | 180 days | 1 year |
| Third within 10 yrs of a prior conviction | 10 years | not capped by statute |
| Third outside 10 yrs | 180 days | 1 year |
| Fourth conviction (any time) | Permanent revocation | |
| DUI manslaughter | Permanent revocation | |
Where the court does not specify a period at sentencing or within 30 days after, the department applies the maximum for a first conviction and the minimum for any subsequent conviction. § 322.28(2)(b). The driver may petition the court within 30 days to reopen and set the period.
A restricted license for business or employment purposes may be available in some circumstances under § 322.271, Fla. Stat. Eligibility and waiting periods depend on the conviction history and are not summarized here.
Enhanced — BAC 0.15+ or minor in vehicle — § 316.193(4)
| Conviction | Fine | Jail |
|---|---|---|
| First | $1,000 – $2,000 | up to 9 months |
| Second | $2,000 – $4,000 | up to 12 months |
| Third or subsequent | not less than $4,000 | — |
DUI causing damage, injury, or death — § 316.193(3)
| Property or personal damage | First-degree misdemeanor |
| Serious bodily injury (§ 316.1933) | Third-degree felony |
| Death of a person or unborn child | DUI manslaughter — second-degree felony |
| DUI manslaughter + left the scene / failed to render aid | First-degree felony |
DUI manslaughter carries a mandatory minimum of 4 years’ imprisonment.