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.

In plain terms: a Florida DUI can bring two separate consequences — a criminal case in court and an administrative driver's license suspension by the state motor-vehicle agency (DHSMV, the Department of Highway Safety and Motor Vehicles). Penalties grow with prior DUIs and with factors like a blood or breath alcohol level (BAL/BAC) of 0.15 or higher. Use the explorer below to compare exposure by offense; your actual outcome depends on the facts of your case. For representation, see our Florida DUI defense page.

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
Probation
Up to 12 months

Combined probation and incarceration cannot exceed 12 months.

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.

LICENSE REINSTATEMENT

Hardship license in Florida.

A hardship license — sometimes called a business purposes only license — is a limited driving privilege that may be available after the administrative DHSMV suspension connected to a DUI arrest, described above.

  1. Step 1

    Determine whether a formal or informal DHSMV review hearing is available to challenge or address the administrative suspension — this generally must be requested within the short window described above, typically 10 days after arrest.

  2. Step 2

    Attend the DHSMV review hearing.

  3. Step 3

    Complete any required steps, such as DUI Program enrollment, where applicable to eligibility.

  4. Step 4

    Apply for the hardship license through DHSMV once eligibility requirements are met.

Disclaimer. This is general legal education, not a step-by-step guarantee for any specific case. Hardship license eligibility depends on the type of suspension, prior driving history, and DHSMV requirements. Liberate Legal accepts DUI matters throughout Florida, not only within Orange County and the Ninth Judicial Circuit — speak with an attorney to discuss your specific situation.
FULL COMPARISON

All standard DUI offenses, side-by-side.

OffenseJail / PrisonProbationFineLicenseInterlockImmobilizationDUI School
First DUIUp to 6 monthsUp to 12 months

Combined probation and incarceration cannot exceed 12 months.

$500 – $1,0006 months – 1 year revocationNot required (unless BAL ≥ 0.15 or minor in vehicle)10 days (not concurrent with jail)12-hour DUI School
Second DUIUp to 9 months (mandatory 10 days if within 5 years of prior)Up to 12 months

Combined probation and incarceration cannot exceed 12 months.

$1,000 – $2,000Up to 1 year (5-year minimum if within 5 years of prior)Minimum 1 year mandatory ignition interlock30 days21-hour Advanced DUI School
Third DUI (within 10 years)Up to 5 years (mandatory 30 days, at least 48 hours consecutive)Up to 5 years

Combined probation and incarceration cannot exceed 5 years.

$2,000 – $5,000Minimum 10 years revocationMinimum 2 years mandatory ignition interlock90 days21-hour Advanced DUI School
Third DUI (outside 10 years)Up to 12 months (mandatory 30 days, at least 48 hours consecutive)Up to 12 months

Combined probation and incarceration cannot exceed 12 months.

$2,000 – $5,000Up to 1 year revocationMinimum 2 years mandatory ignition interlock90 days21-hour Advanced DUI School
Fourth or Subsequent DUIUp to 5 years state prisonUp to 5 years

Combined probation and incarceration cannot exceed 5 years.

Minimum $2,000 (no statutory cap)Permanent revocationNot applicable (license permanently revoked)Not applicableNot applicable

First DUI

Jail
Up to 6 months
Probation
Up to 12 months

Combined probation and incarceration cannot exceed 12 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)
Probation
Up to 12 months

Combined probation and incarceration cannot exceed 12 months.

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)
Probation
Up to 5 years

Combined probation and incarceration cannot exceed 5 years.

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)
Probation
Up to 12 months

Combined probation and incarceration cannot exceed 12 months.

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
Probation
Up to 5 years

Combined probation and incarceration cannot exceed 5 years.

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.

Official sources

Statutes change. Links point to the Florida Legislature's official 2025 statutes.

Related on this site

FREQUENTLY ASKED

Questions worth asking

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.

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.

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.

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.

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.

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.

A hardship license, sometimes called a business purposes only license, is a limited driving privilege that may be available after a DUI-related license suspension. It generally allows driving for work, school, medical care, and similar essential purposes, subject to conditions set by DHSMV.

Eligibility and the application process depend on the specific suspension involved and any prior history. Generally, a driver requests a DHSMV review hearing, addresses any required steps such as DUI Program enrollment, and then applies for the hardship license once eligibility requirements are met. An attorney can help evaluate whether a hardship license may be available in a specific case.

The formal review hearing is an administrative hearing where a driver may challenge the DHSMV suspension connected to a DUI arrest. It must generally be requested within 10 days after the notice of suspension is issued — which usually happens at the arrest (§ 322.2615).

Yes. While Liberate Legal is based in Orlando, the firm accepts DUI matters throughout Florida, not only within Orange County and the Ninth Judicial Circuit.
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The administrative license suspension window is short — typically 10 days. Talk to a real DUI attorney before that window closes.