The following is Not Legal Advice.
Do Not Rely on This Information. It may not be current or accurate. For legal advice, consult an attorney.
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.