Florida Driving Under the Influence (DUI) Laws & Penalties

The penalties for a DUI conviction vary depending on the severity of the offense and whether the charged individual has prior DUI convictions.

Under Florida Statute Chapter 316, Section 193(2)(a), a person with one or two DUI convictions faces the following penalties:

Fines – A first DUI conviction results in a potential fine between $500 and $1,000, and a second DUI conviction results in a potential fine between $1,000 and $2,000.

Jail Time – A first DUI conviction results in potential jail time not to exceed 6 months, and a second DUI conviction results in potential jail time not to exceed 9 months.

Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a first DUI conviction may result in the suspension of a driver’s license for a period of at least 180 days, but not more than 1 year. Under the same statute, a second DUI conviction that occurs within 5 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 5 years.

Ignition Interlock Device – A first DUI conviction may result in the installation (at the court’s discretion) of an ignition interlock device for a period of 6 continuous months when the individual’s BAC is .08 or higher. However, a first DUI conviction results in the mandatory installation of an ignition interlock device for a period of 6 continuous months if the individual’s BAC is .15 or higher. A second DUI conviction results in the mandatory installation of an ignition interlock device for a period of 1 year at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.

Under Florida Statute Chapter 316, Section 193(2)(b), a person with three or four (or more) DUI convictions faces the following penalties:

Fines – A third DUI conviction that happens within 10 years of a prior DUI conviction is considered a third-degree felony, and results in a potential fine not to exceed $5,000. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in a fine between $2,000 and $5,000. A fourth or subsequent DUI conviction (regardless of when it happened) is considered a third-degree felony and results in a potential fine of at least $2,000 or more.

Jail Time – A third DUI conviction that happens within 10 years of a prior DUI conviction may result in potential jail time not to exceed 5 years. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in potential jail time not to exceed 12 months. A fourth or subsequent DUI conviction (regardless of when it happened) may result in potential jail time not to exceed 5 years.

Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a third DUI conviction that happens within 10 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 10 years. Under the same statute, or fourth or subsequent DUI conviction results in the permanent revocation of a driver’s license.

Ignition Interlock Device – A third DUI conviction (regardless of when it happened) results in the mandatory placement of an ignition interlock device for a period of 2 years at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.

Enhanced Penalties When Property Damage or Bodily Injury Result from a DUI Accident

Under Florida Statute Chapter 316, Section 193(3), DUI convictions that involve an accident resulting in property damage and/or bodily injury may result in enhanced penalties separate from the penalties resulting from the underlying DUI conviction.

A person who is convicted of any DUI offense and who causes or contributes to cause damage to property or physical harm to a person is guilty of a first-degree misdemeanor which may result in a fine not to exceed $1,000 and jail time not to exceed 1 year.

A person who is convicted of any DUI offense and who causes or contributes to cause serious bodily injury to a person is guilty of a third-degree felony which may result in a fine not to exceed $5,000 and jail time not to exceed 5 years.

A person who is convicted of any DUI offense and who causes or contributes to cause the death of another person or unborn child is guilty of DUI manslaughter, which is a second-degree felony resulting in a fine not to exceed $10,000 and jail time not to exceed 15 years. If the person knew or should have known that an accident happened, and fled the scene of the accident, leaving an injured person who subsequently died, he or she is guilty of DUI manslaughter as a first-degree felony, which results in a fine not to exceed $10,000 and jail time not to exceed 30 years.

Monthly Reporting Probation and Substance Abuse Course

Under Florida Statute Chapter 316, Section 193(5), anyone convicted of a DUI offense under section 193 will be required to undergo monthly reporting probation as well as required completion of a substance abuse course conducted by a DUI program which includes a psychological evaluation. If upon evaluation, the DUI program refers the convicted individual to subsequent substance abuse treatment, the convicted individual will be required to undergo any and all required treatment, evaluation and testing.