Florida DUI Laws & Penalties
Last reviewed:
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 5 (second-offense enhancements) / 10 (third-offense felony). Second within 5 years triggers mandatory jail, 5-year revocation, and impound; third within 10 years is a third-degree felony. Fourth offense is a felony regardless of spacing.
- Primary statute: Fla. Stat. § 316.193
BAC 0.15+ (or a minor in the vehicle) doubles fine ranges, raises max jail, and mandates IID.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none – 6 months (9 months if BAC 0.15+ or minor in vehicle) | $500–$1,000 ($1,000–$2,000 if BAC 0.15+ or minor in vehicle; plus costs) | 180 days – 1 year; hardship: business-purpose license after DUI school enrollment | Not required |
| Second offense | misdemeanor | 10 days mandatory if within 5 years of prior – 9 months (12 months if BAC 0.15+ or minor); mandatory min 10 days (within 5 years) | $1,000–$2,000 ($2,000–$4,000 if BAC 0.15+ or minor in vehicle) | 5 years if within 5 years of prior (hardship after 1 year) – 5 years; hardship: after 1 year of the 5-year revocation | Required |
| Third offense | third-degree felony (if within 10 years of a prior) | 30 days mandatory (within 10 years) – 5 years; mandatory min 30 days | $2,000–$5,000 (minimum $4,000 if BAC 0.15+ or minor in vehicle) | 10 years; hardship: after 2 years | Required |
| Fourth+ offense | third-degree felony regardless of timing | none mandatory – 5 years | $2,000–$5,000 (minimum $2,000; higher if enhanced) | permanent revocation; hardship: possible hardship review after 5 years under strict conditions | Required |
First offense
- Classification: misdemeanor
- Jail: none – 6 months (9 months if BAC 0.15+ or minor in vehicle)
- Fine: $500–$1,000 ($1,000–$2,000 if BAC 0.15+ or minor in vehicle; plus costs)
- License suspension: 180 days – 1 year; hardship: business-purpose license after DUI school enrollment
- Alternative disposition: Many circuits run first-offender DUI diversion programs (e.g., 'Back on Track') reducing to reckless driving — county-by-county, not statutory.
- Interlock: Mandatory 6 months if BAC 0.15+ or minor in vehicle.
- Also mandatory: 50 hours community service, 10-day vehicle impoundment, DUI school, up to 1 year probation.
Second offense
- Classification: misdemeanor
- Jail: 10 days mandatory if within 5 years of prior – 9 months (12 months if BAC 0.15+ or minor); mandatory min 10 days (within 5 years)
- Fine: $1,000–$2,000 ($2,000–$4,000 if BAC 0.15+ or minor in vehicle)
- License suspension: 5 years if within 5 years of prior (hardship after 1 year) – 5 years; hardship: after 1 year of the 5-year revocation
- Interlock: IID minimum 1 year (2 years if BAC 0.15+).
- 30-day impoundment if within 5 years.
Third offense
- Classification: third-degree felony (if within 10 years of a prior)
- Jail: 30 days mandatory (within 10 years) – 5 years; mandatory min 30 days
- Fine: $2,000–$5,000 (minimum $4,000 if BAC 0.15+ or minor in vehicle)
- License suspension: 10 years; hardship: after 2 years
- Interlock: IID minimum 2 years.
- 90-day impoundment. Third outside 10 years remains a misdemeanor with felony-level fines.
Fourth+ offense
- Classification: third-degree felony regardless of timing
- Jail: none mandatory – 5 years
- Fine: $2,000–$5,000 (minimum $2,000; higher if enhanced)
- License suspension: permanent revocation; hardship: possible hardship review after 5 years under strict conditions
Refusing a chemical test (implied consent)
1-year administrative suspension for first refusal. A second refusal (after a prior refusal suspension) is 18 months AND a separate criminal misdemeanor under § 316.1939.
Statute: Fla. Stat. §§ 316.1932, 316.1939
Ignition interlock
IID mandatory: first offense with BAC 0.15+/minor (6 months), second offense (1–2 years), third offense (2+ years); administered through FLHSMV's IID program as a condition of reinstatement/hardship.
Statute: Fla. Stat. § 316.1937; FLHSMV program
Frequently asked questions
What is the penalty for a first DUI in Florida?
A first DUI in Florida is a misdemeanor. Jail: none – 6 months (9 months if BAC 0.15+ or minor in vehicle). Fine: $500–$1,000 ($1,000–$2,000 if BAC 0.15+ or minor in vehicle; plus costs). License suspension: 180 days – 1 year; hardship: business-purpose license after DUI school enrollment.
What is the legal BAC limit in Florida?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Florida look back at prior DUI offenses?
5 (second-offense enhancements) / 10 (third-offense felony). Second within 5 years triggers mandatory jail, 5-year revocation, and impound; third within 10 years is a third-degree felony. Fourth offense is a felony regardless of spacing.