A Florida DUI is not one charge with one penalty. The sentence depends on your breath or blood reading, on whether anyone was hurt or any property was damaged, on whether a child was in the car, and above all on how many prior DUIs you have and how long ago they happened. Two people arrested on the same night can face very different outcomes. This section lays out what the law requires at each level, in plain terms, and shows you where charge reductions and diversion programs can change the picture.
Start with the overview below, then follow the card to the page that matches your situation. Every figure here comes from section 316.193, Florida Statutes, and the related license statutes, and I have kept the enhancements and the felony lines visible rather than buried, because those are the parts that move a case the most.
| Offense | Fine | Max jail | Mandatory min | Revocation | Hardship | Impound | Interlock |
|---|---|---|---|---|---|---|---|
| 1st DUI | $500 to $1,000 | 6 months | None | 180 days to 1 year | See note | 10 days | None unless 0.15+ or minor |
| 1st, 0.15+ or minor | $1,000 to $2,000 | 9 months | None | 180 days to 1 year | See note | 10 days | 6 months minimum |
| 2nd, within 5 yrs | $1,000 to $2,000 | 9 months | 10 days in jail | 5 years minimum | After 1 year | 30 days | 1 to 2 years |
| 2nd, outside 5 yrs | $1,000 to $2,000 | 9 months | None | 180 days to 1 year | After DUI enrollment | 10 days | 1 to 2 years |
| 3rd, within 10 yrs | $2,000 to $5,000 | 5 years (felony) | 30 days in jail | 10 years minimum | After 2 years | 90 days | 2 years minimum |
| 3rd, outside 10 yrs | $2,000 to $5,000 | 12 months | None | 180 days to 1 year | After DUI enrollment | 10 days | 2 years minimum |
| 4th or more | $2,000 or more | 5 years (felony) | Felony exposure | Permanent | After 5 years | Per court | 2 years minimum |
Enhanced fine and jail figures apply when the breath or blood alcohol level is 0.15 or higher or a minor was in the vehicle. A third DUI within ten years of a prior, and any fourth or subsequent DUI, is a third-degree felony punishable by up to five years and a $5,000 fine. Hardship eligibility shows when you may apply to the DHSMV for a restricted license; a permanent revocation allows a hardship after five years through Special Supervision Services. For hardship eligibility you need proof of enrollment in DUI school, not completion, though the school must be finished before the license is fully reinstated. Figures reflect section 316.193 and sections 322.28 and 322.271, Florida Statutes, as summarized by the Florida DHSMV. First DUI: you become eligible for a hardship once you enroll in DUI school, and the timing in this column is for reinstatement after the case ends. At the arrest stage a first DUI (including the 0.15 or minor enhancement) also carries a hard suspension with no driving at all, 30 days if you were over .08 or 90 days on a refusal, unless within 10 days of the arrest you waive the formal review hearing and apply for immediate hardship eligibility under section 322.2615, Florida Statutes. Waiving that hearing trades away the hard time but leaves the administrative suspension on your driving record, and the arrest-stage process is covered in the hardship license guide. Program terms last verified June 2026.
The hardship column shows when you may apply, not how. The application runs through the DHSMV Bureau of Administrative Reviews and has its own steps, forms, and DUI school and interlock requirements, which are covered in the hardship license guide.
Every figure here comes from section 316.193 and the related license statutes. The jumps at a second offense within five years and a third within ten are where a DUI turns from a misdemeanor into life-changing exposure.
How Florida counts your DUIs
The single most important number in a DUI penalty analysis is the count, and the timing behind it. A second DUI within five years of a prior carries a mandatory ten days in jail and a five-year license revocation. The same second DUI more than five years out has no mandatory jail and a far shorter revocation. A third DUI within ten years of a prior is a third-degree felony with a mandatory thirty days, while a third DUI outside that window stays a misdemeanor. A fourth DUI is a felony no matter when the priors happened. Because the windows run from the dates of the prior offenses, the difference of a single month can change the whole exposure, which is why the first thing I do is map your record against these windows.
The enhancements that raise every level
Two facts raise the penalty at any level: a breath or blood alcohol level of 0.15 or higher, and a minor in the vehicle. Either one roughly doubles the fine ceiling, raises the maximum jail, and triggers a mandatory ignition interlock device even on a first conviction. Section 316.656 also bars a judge from withholding adjudication or accepting a plea to a lesser offense when the reading is 0.15 or higher, which is the reason diversion programs cap eligibility around that number.
Where penalties can be reduced
Not every DUI ends in a DUI conviction. For many first offenses without an accident, a high reading, or a minor in the car, the charge can be reduced to reckless driving, and in the Tampa Bay region three prosecutor-run programs formalize that path: DROP in the Sixth Circuit covering Pinellas and Pasco, RIDR in the Thirteenth Circuit covering Hillsborough, and DETER in the Twelfth Circuit covering Sarasota, Manatee, and DeSoto. Each has its own eligibility rules and its own conditions, and admission is at the State Attorney’s sole discretion. The diversion page breaks all three down side by side.
Explore the penalties section
Cases involving serious bodily injury or a death, including DUI with serious bodily injury, DUI manslaughter, and vehicular homicide, are felonies that work very differently from the charges above, and they are covered separately in the serious and felony DUI section.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. I have stood on both sides of a DUI docket, so I can give you a straight read on where your case sits on the penalty scale, whether a reduction or a diversion program is realistic, and what it takes to get there. Learn more about my background.
If you are looking at the testing or the stop itself rather than the sentence, those are covered in depth in the blood test, breath test, field sobriety, and search and seizure sections.
Free guide
6 Things You Should Know About DUIs
Myths, mistakes, and exactly what to do, from the first stop through the courtroom. Rory’s plain-language guide to the decisions that matter most after an arrest.
Florida DUI penalty questions
What is the penalty for a first DUI in Florida?
A first DUI conviction carries a fine of $500 to $1,000, up to six months in jail, a license revocation of 180 days to one year, a 10-day vehicle impoundment, probation, DUI school, and at least 50 hours of community service. If the breath or blood level was 0.15 or higher or a minor was in the vehicle, the fine rises to $1,000 to $2,000, jail rises to nine months, and a six-month ignition interlock becomes mandatory.
When does a Florida DUI become a felony?
A third DUI within ten years of a prior conviction is a third-degree felony, and any fourth or subsequent DUI is a third-degree felony regardless of timing. DUI with serious bodily injury is a third-degree felony, and DUI manslaughter is a second-degree felony. A third DUI more than ten years after the last one remains a misdemeanor.
Does a higher breath reading increase the penalty?
Yes. A breath or blood alcohol level of 0.15 or higher raises the fine ceiling, raises the maximum jail, and triggers a mandatory ignition interlock device even on a first offense. It also bars the judge from accepting a plea to a lesser charge under section 316.656, which is why most diversion programs cap eligibility at or below that level.
Can a first DUI be reduced or dismissed?
Often a first DUI without a crash, a high reading, or a minor in the car can be reduced to reckless driving, either through negotiation or through a county diversion program such as DROP, RIDR, or DETER. Whether that path is available depends on the facts, your record, and the State Attorney, who decides admission at sole discretion. A DUI conviction itself cannot be sealed or expunged, but a withheld reckless-driving outcome often can be.
How long does a DUI stay on your record in Florida?
A DUI conviction is permanent in Florida and cannot be sealed or expunged. It also counts as a prior for sentencing on any future DUI, and the five-year and ten-year windows that drive mandatory minimums run from the dates of the prior offenses.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida DUI penalties are set by section 316.193, Florida Statutes, and related statutes including sections 322.28, 322.271, and 316.656. Diversion and charge-reduction programs are run at the sole discretion of each State Attorney and can change at any time. Every case turns on its own facts, and past results do not guarantee a similar outcome.
