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 |
At least 48 hours of that confinement must be served consecutively. § 316.193(6)(b), (c).
Probation, community service, and vehicle impoundment — § 316.193(6)
These are imposed in addition to whatever fine or jail the court orders under subsections (2), (3), or (4). For a first conviction the court shall place the defendant on probation, and the statute caps the whole sentence: the total period of probation and incarceration may not exceed 1 year. § 316.193(6)(a).
| Probation — first conviction | not to exceed 1 year, mandatory |
| Community service — first conviction | minimum 50 hours of public service or a community work project, as a condition of probation |
| Probation and jail combined | may not exceed 1 year in total |
The court may allow payment of $10 for each hour of community service instead of performing it, but only on a finding that the defendant’s residence or location at the time the work would be required, or the defendant’s employment obligations, would create an undue hardship. It is not an election the defendant makes.
Subsection (6)(a)’s one-year cap is written for a first conviction. Where DUI is charged as a misdemeanor and the court does not specify otherwise, misdemeanor probation runs up to 6 months — but for any non-felony offense in which the use of alcohol or a controlled substance is a significant factor, the period may be up to 1 year. § 948.15(1), Fla. Stat.
Vehicle impoundment or immobilization
At every conviction level the court must order the vehicle impounded or immobilized as a condition of probation, and the impoundment may not run at the same time the defendant is in jail.
| Conviction | Period | What is impounded |
|---|---|---|
| First | 10 days | the vehicle operated by or in the actual control of the defendant, or any one vehicle registered in the defendant’s name |
| Second within 5 yrs of a prior | 30 days | all vehicles owned by the defendant |
| Third or subsequent within 10 yrs | 90 days | all vehicles owned by the defendant |
On a second or third conviction the impoundment must run concurrently with the driver license revocation. The order may be dismissed under § 316.193(6)(e)–(i) — a stolen vehicle, a good-faith purchaser after the offense, a family with no other private or public transportation, vehicles driven solely by the defendant’s employees, or proof that a functioning certified ignition interlock device has been installed on every vehicle the defendant routinely operates.
DUI school and the psychosocial evaluation — § 316.193(5)
This one is not discretionary and it is not limited to first offenses. The court shall place all offenders convicted of DUI on monthly reporting probation and shall require completion of a substance abuse course run by a DUI program licensed by the Department of Highway Safety and Motor Vehicles under § 322.292. That course must include a psychosocial evaluation of the offender.
If the DUI program refers the offender to treatment, completion of the education, the evaluation, and the treatment is itself a condition of reporting probation. The offender pays for all of it. A treatment referral cannot be waived without an independent psychosocial evaluation by a court-appointed provider — which gets access to the DUI program’s evaluation first — and the court must review both before ruling on the waiver, again at the offender’s expense.
| Course | Length | Who attends |
|---|---|---|
| Level I | minimum 12 hours of classroom instruction, including not less than 2 hours of drug abuse information | first offenders |
| Level II | minimum 21 hours | anyone who has already attended Level I, or who has been convicted two or more times of an offense requiring DUI program attendance |
Course lengths are set by rule, not by statute: Fla. Admin. Code R. 15A-10.024 (Level I) and R. 15A-10.025 (Level II).
Failing to report for or complete the course or the treatment is not only a probation problem. The DUI program notifies the court and the department, and the department cancels the driving privilege — notwithstanding the terms of the court’s order or any suspension or revocation period already running. Reinstatement after a DUI revocation separately requires proof of enrollment in an approved course under § 322.291, Fla. Stat.
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.