DUI Penalties in Florida: Complete Guide to Fines, Jail & License Suspension (2026)

Florida takes DUI seriously, and the penalties escalate dramatically with each offense. Whether you're facing a first DUI or a fourth, understanding exactly what's at stake is the first step toward protecting yourself. Here's the complete breakdown of DUI penalties under Florida Statute 316.193, updated for 2026.

Florida DUI Penalty Quick-Reference Chart

The following table summarizes the key penalties for each level of DUI offense under F.S. 316.193. Keep in mind that these are the statutory ranges -- actual sentences depend on the facts of your case, your criminal history, and the effectiveness of your defense.

First DUI Penalties in Detail

A first DUI in Florida is a first-degree misdemeanor. While jail time is possible, many first-time offenders avoid incarceration through DUI school, probation, and community service. The real sting often comes from the license suspension, insurance increases, and the permanent criminal record.

Key details for first offenders:

• DUI school (Level I, 12 hours) is mandatory
• Substance abuse evaluation is mandatory
• Treatment may be required based on the evaluation
• A DUI conviction cannot be sealed or expunged in Florida -- it stays on your record permanently
• Some counties offer diversion programs that can result in a withhold of adjudication

Second DUI Penalties: The 5-Year Window

The penalties for a second DUI depend heavily on when your first conviction occurred. If your second DUI is within 5 years of the first, the consequences are dramatically worse.

Second DUI Within 5 Years

• Mandatory 10 days in jail (at least 48 hours must be consecutive)
• Fines of $1,000 to $2,000 ($2,000 to $4,000 if BAC .15+)
• Minimum 5-year license revocation
• Mandatory ignition interlock for at least 1 year
• 30-day vehicle impoundment

Second DUI Outside 5 Years

If more than 5 years have passed since your first conviction, the second DUI is still a misdemeanor with enhanced penalties, but you avoid the mandatory jail time and the 5-year license revocation. The fines, probation, and interlock requirements still apply.

Third DUI: When It Becomes a Felony

Third DUI Within 10 Years -- Felony

A third DUI within 10 years of a prior conviction is a third-degree felony, punishable by:

• Mandatory minimum 30 days in jail
• Up to 5 years in state prison
• Fines of $2,000 to $5,000
• Minimum 10-year license revocation
• 90-day vehicle impound
• Mandatory 2-year ignition interlock after any hardship reinstatement

Third DUI Outside 10 Years -- Misdemeanor

If more than 10 years have passed since the second conviction, the third DUI remains a first-degree misdemeanor. The penalties are still significant -- up to 12 months in jail, $2,000-$5,000 in fines -- but you avoid the felony designation and the potential for state prison.

Fourth and Subsequent DUI: Always a Felony

A fourth or subsequent DUI is always a third-degree felony in Florida, regardless of when the prior offenses occurred. There is no "outside the lookback period" exception for a fourth DUI. Penalties include:

• Up to 5 years in state prison
• Fine of not less than $2,000
• Permanent license revocation
• Habitual offender designation

Enhanced Penalties: BAC .15+ and Minors in the Vehicle

Two circumstances trigger enhanced penalties at every offense level:

• BAC of .15 or higher: Higher fines, more potential jail time, and mandatory ignition interlock on first offense
• Minor under 18 in the vehicle: Same enhanced penalties as .15+ BAC. For a first offense, this means fines of $1,000-$2,000 and up to 9 months in jail

DUI with Injury and DUI Manslaughter

DUI with Serious Bodily Injury (F.S. 316.193(3)(a))

If you cause serious bodily injury to another person while driving under the influence, you face a third-degree felony:

• Up to 5 years in state prison
• Up to $5,000 in fines
• Mandatory license revocation for at least 3 years

DUI Manslaughter (F.S. 316.193(3)(c)(3))

DUI manslaughter -- causing the death of another person while driving under the influence -- is a second-degree felony:

• Up to 15 years in state prison
• Mandatory minimum 4 years in prison
• Up to $10,000 in fines
• Permanent license revocation

If the driver knew or should have known the crash occurred and failed to render aid or give information (leaving the scene), the charge is elevated to a first-degree felony, punishable by up to 30 years in prison.

Beyond the Criminal Penalties

The statutory penalties are only part of the picture. A DUI conviction also brings:

• Insurance increases: Expect your auto insurance to increase by $3,000-$5,000 annually for 3-5 years
• FR-44 filing: Florida requires higher liability insurance limits after a DUI conviction for 3 years
• Employment consequences: Many employers conduct background checks; a DUI conviction can cost you current or future employment
• Professional licensing: Healthcare, education, law, real estate, and other professions may be affected
• Immigration consequences: For non-citizens, a DUI conviction can affect immigration status
• Permanent record: A DUI conviction in Florida cannot be sealed or expunged -- ever

These Penalties Are Not Inevitable

Looking at this penalty chart can be overwhelming. But here's what it doesn't tell you: being charged is not the same as being convicted. DUI cases can be fought, charges can be reduced, and cases can be dismissed. The officer's stop, the field sobriety testing, the breath or blood test, and the arrest procedures all must follow strict legal requirements -- and when they don't, the case weakens.

As a former Florida State Trooper, Orange County Deputy Sheriff, and NHTSA DUI Detection Instructor with over 10 years of criminal defense experience, I've seen DUI cases from every angle. I know where the weaknesses are because I've been on both sides. If you're facing DUI charges anywhere in Central Florida, call me for a free consultation. The sooner we start reviewing the evidence, the more options we have.