Are these the exact penalties I will face?

No. These are statutory exposures under Florida Statute § 316.193. Actual outcomes depend on prior history, the facts of the stop, evidence, defenses, the prosecutor and judge, and any plea negotiations.

What is a mandatory minimum?

Mandatory minimums are governed by statute and are penalties that the court cannot waive. For example, mandatory jail sentences on a 2nd DUI within 5 years of the prior, or mandatory ignition interlock when BAL is 0.15 or higher. Therefore, judges are generally limited to the statutory requirements at sentencing.

Will I lose my license immediately?

Florida has both a criminal license suspension, which is set at sentencing, and an administrative DHSMV suspension that begins at the time of arrest. Your license can also be suspended if you refuse to take a breath test or if your BAC is over the legal limit. There is a short window, typically 10 days, to challenge the administrative suspension. You may also apply for a hardship license to reinstate your driving privileges for business purposes only.

What if I refuse to take a breath test?

If you refuse to take a breath test during a DUI investigation, you can be charged with a 2nd degree misdemeanor, which is punishable by up to 60 days of incarceration or a $500 fine. If you refuse to take a breath test a second time, the penalty increases to a 1st degree misdemeanor punishable by up to 1 year in the county jail or a $1,000 fine. A first-time refusal also triggers a 1-year suspension. A second or subsequent refusal is an 18-month suspension.

What is BAL ≥ 0.15?

It refers to a breath or blood alcohol level at or above 0.15, nearly twice the legal limit. Florida treats this as an enhanced DUI — doubling fines and triggering mandatory ignition interlock.

Can a felony DUI become a misdemeanor?

Sometimes. Whether a felony DUI charge stays at the felony level depends on prior history, evidence, defenses, and negotiations. An attorney can evaluate whether reduction or alternative resolution is realistic.

LEGAL GUIDE

Florida DUI penalties.

An interactive guide to Florida DUI exposure — jail, fines, license consequences, ignition interlock, vehicle immobilization, and DUI School — across first through fourth offense and crash-related charges.

EXPLORE BY OFFENSE

Select an offense to see penalty exposure.

Each offense card opens a penalty dashboard below — based on Florida Statute § 316.193. These are statutory ceilings and minimums, not predictions for any specific case.

Second-Degree Misdemeanor

First DUI

A first DUI is the lowest tier of DUI in Florida — but the collateral consequences (license, insurance, employment, immigration) can still be significant.

Jail / Prison

Up to 6 months

Fines

$500 – $1,000

Driver's License

6 months – 1 year revocation

Ignition Interlock

Not required (unless BAL ≥ 0.15 or minor in vehicle)

Vehicle Immobilization

10 days (not concurrent with jail)

DUI School

12-hour DUI School

ENHANCED PENALTIES

When a DUI becomes more serious.

Florida law adds enhanced penalties when certain factors are present at the time of the offense — even on a first DUI.

BAL ≥ 0.15

A breath or blood alcohol level at or above 0.15 doubles the maximum fine and triggers mandatory ignition interlock — even on a first offense.

Minor in the Vehicle

Driving under the influence with a passenger under 18 doubles the maximum fine and triggers mandatory ignition interlock — even on a first offense.

CRASH & INJURY ESCALATIONS

When a DUI involves a crash.

The presence of property damage, injury, or death dramatically changes the charge — and the exposure.

First-Degree Misdemeanor

DUI w/ Property Damage or Non-Serious Injury

A DUI involving damage to property or minor injury — elevated to a first-degree misdemeanor.

Third-Degree Felony

DUI w/ Serious Bodily Injury

A DUI causing serious bodily injury to another person — felony exposure with scoresheet implications.

Second-Degree Felony

DUI Manslaughter

Causing the death of another person while driving under the influence — mandatory minimum prison.

First-Degree Felony

DUI Manslaughter w/ Failure to Render Aid

DUI Manslaughter elevated when the driver fails to provide information or render aid after the crash.

Second-Degree Felony

Vehicular Homicide

The reckless operation of a vehicle in a manner likely to cause death — separate charge from DUI Manslaughter.

Third-Degree Felony or higher

Leaving the Scene with Injury

Leaving the scene of a crash involving injury — felony exposure that escalates with the severity of the injury or death.

FULL COMPARISON

All standard DUI offenses, side-by-side.

Offense	Jail / Prison	Fine	License	Interlock	Immobilization	DUI School
First DUI	Up to 6 months	$500 – $1,000	6 months – 1 year revocation	Not required (unless BAL ≥ 0.15 or minor in vehicle)	10 days (not concurrent with jail)	12-hour DUI School
Second DUI	Up to 9 months (mandatory 10 days if within 5 years of prior)	$1,000 – $2,000	Up to 1 year (5-year minimum if within 5 years of prior)	Minimum 1 year mandatory ignition interlock	30 days	21-hour Advanced DUI School
Third DUI (within 10 years)	Up to 5 years (mandatory 30 days, at least 48 hours consecutive)	$2,000 – $5,000	Minimum 10 years revocation	Minimum 2 years mandatory ignition interlock	90 days	21-hour Advanced DUI School
Third DUI (outside 10 years)	Up to 12 months (mandatory 30 days, at least 48 hours consecutive)	$2,000 – $5,000	Up to 1 year revocation	Minimum 2 years mandatory ignition interlock	90 days	21-hour Advanced DUI School
Fourth or Subsequent DUI	Up to 5 years state prison	Minimum $2,000 (no statutory cap)	Permanent revocation	Not applicable (license permanently revoked)	Not applicable	Not applicable

First DUI

Jail: Up to 6 months
Fine: $500 – $1,000
License: 6 months – 1 year revocation
Interlock: Not required (unless BAL ≥ 0.15 or minor in vehicle)
Immobilization: 10 days (not concurrent with jail)
DUI School: 12-hour DUI School

Second DUI

Jail: Up to 9 months (mandatory 10 days if within 5 years of prior)
Fine: $1,000 – $2,000
License: Up to 1 year (5-year minimum if within 5 years of prior)
Interlock: Minimum 1 year mandatory ignition interlock
Immobilization: 30 days
DUI School: 21-hour Advanced DUI School

Third DUI (within 10 years)

Jail: Up to 5 years (mandatory 30 days, at least 48 hours consecutive)
Fine: $2,000 – $5,000
License: Minimum 10 years revocation
Interlock: Minimum 2 years mandatory ignition interlock
Immobilization: 90 days
DUI School: 21-hour Advanced DUI School

Third DUI (outside 10 years)

Jail: Up to 12 months (mandatory 30 days, at least 48 hours consecutive)
Fine: $2,000 – $5,000
License: Up to 1 year revocation
Interlock: Minimum 2 years mandatory ignition interlock
Immobilization: 90 days
DUI School: 21-hour Advanced DUI School

Fourth or Subsequent DUI

Jail: Up to 5 years state prison
Fine: Minimum $2,000 (no statutory cap)
License: Permanent revocation
Interlock: Not applicable (license permanently revoked)
Immobilization: Not applicable
DUI School: Not applicable

Disclaimer. Penalty exposure shown here reflects Florida Statute § 316.193 and is general legal education — not advice for any specific case. Mandatory minimums, license consequences, and prosecutorial discretion all interact in ways that depend on the specific facts.

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