Driving under the influence (DUI) is a serious offense in Florida. If you are convicted, there can be significant penalties and fines to pay for your actions. Knowing what these penalties are before an arrest will help protect your rights if you are ever pulled over on suspicion of DUI or charged with this crime.
1st DUI
Jail Time
A person convicted of a first offense DUI in Florida faces a maximum of 6 months in jail. If the driver’s blood-alcohol level in Florida was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months.
Probation
Between 6 and 12 months of probation.
Fines
Between $500 and $1000. However, if the driver’s blood-alcohol level was .15 or higher, or at the time of the first offense DUI in Florida a person under the age of 18 was present in the vehicle, the fine range is $1000 to $2000.
Driver’s License Revocation
The Judge must revoke the person’s driver’s license for 6 to 12 months.
Possibility of a Business Purposes Only License for the Revoked Driver’s License
After completing DUI School the driver may apply for a Business Purposes Only license.
Ignition Interlock
Required only if the driver’s blood-alcohol level was .15 or higher, in which case the ignition interlock is required for 6 months.
Vehicle Impound
A 10-day vehicle impound is required.
DUI School
The driver must complete Level I DUI School and any recommended treatment.
Community Service
The judge must order a person convicted of a first-time DUI to complete 50 hours of community service. However, some judges will allow defendants to buy out some or all of the hours.
Court Costs and Costs of Prosecution:
The amounts of these fees vary for a first offense DUI in Florida.
2nd DUI (Within 5 Years)
Jail Time
A person convicted of a second offense DUI in Florida (which took place within five years of a prior DUI) faces a minimum of 10 days in jail and a maximum of nine months in jail. However, if the Florida driver’s blood-alcohol level was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 12 months.
Probation
Between 6 and 12 months of probation.
Fines
Between $1,000 and $2,000. However, if the driver’s blood-alcohol level was .15 or higher, or at the time of the second offense DUI in Florida a person under the age of 18 was present in the vehicle, the fine range is $2,000 to $4,000.
Driver’s License Revocation
The Judge must revoke the person’s driver’s license for a minimum of 5 years.
Possibility of a Business Purposes Only License for the Revoked Driver’s License
In the case of a second offense DUI in Florida within five years of a prior DUI conviction, the person is not eligible for a Business Purposes Only License on the revocation until one year of the five-year revocation has passed.
Ignition Interlock
A one-year ignition interlock is required. However, if the driver’s blood-alcohol level was .15 or higher the interlock is required for 2 years.
Vehicle Impound
A 30-day vehicle impound is required.
DUI School
The driver must complete Level II DUI School and any recommended treatment.
Community Service
Persons convicted of a second DUI within 5 years of a prior DUI conviction are normally required to perform community service.
Court Costs and Costs of Prosecution:
The amounts of these fees vary.
2nd DUI (Outside of 5 Years)
Jail Time
A person convicted of a second time DUI (which took place outside five years of a prior DUI conviction) faces a maximum of 9 months in jail. However, if the driver’s blood-alcohol level was .15 or higher, the maximum jail sentence is 12 months.
Probation
Between 6 and 12 months of probation.
Fines
The fine range is between $1,000 and $2,000. However, if the driver’s blood-alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the fine range is $2,000 to $4,000.
Driver’s License Revocation
The Judge must revoke the person’s driver’s license for 6 to 12 months.
Possibility of a Business Purposes Only License for the Revoked Driver’s License
A person with a DUI conviction outside of 5 years of a prior DUI conviction is not eligible for a Florida Business Purposes Only License. So, the person won’t be able to get their driver’s license back until both the court-ordered revocation and the DHSMV ordered suspension have ended.
Ignition Interlock
A one-year ignition interlock is required. However, if the driver’s blood-alcohol level was .15 or higher the interlock is required for 2 years.
Vehicle Impound
A 10-day vehicle impound is required.
DUI School
The driver must complete Level II DUI School and any recommended treatment.
Community Service
Persons convicted of a second DUI within 5 years of a prior DUI conviction are normally required to perform community service.
Court Costs and Costs of Prosecution:
The amounts of these fees vary.
3rd DUI (Within 10 Years)
Prison Time
A person convicted of a third time DUI (which took place within 10 years of a prior DUI conviction) faces a minimum of 30 days in jail and a maximum of 5 years in Florida State Prison.
Mandatory Adjudication of Guilt
A severe consequence of a third DUI conviction within 10 years of a prior DUI conviction is that the Court must adjudicate the person guilty of a felony, making the person a convicted felon. Convicted felons lose important rights, including the right to vote, the right to hold public office, and the right to possess a firearm.
Probation
A person convicted of a third-time DUI within 10 years of a prior conviction faces up to 5 years of probation.
Fines
The maximum fine is $5,000. However, if the driver’s blood-alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the minimum fine is $4,000.
Driver’s License Revocation
The Judge must revoke the person’s driver’s license for at least 10 years.
Possibility of a Business Purposes Only License for the Revoked Driver’s License
A person with a third DUI conviction within 10 years of a prior DUI conviction may be eligible for a Florida Business Purposes the Only License after 2 years of the 10-year revocation.
Ignition Interlock
A 2-year ignition interlock is required.
Vehicle Impound
A 90-day vehicle impound is required.
DUI School
The driver must complete Level II DUI School and any recommended treatment.
Community Service
Persons convicted of a third DUI within 10 years of a prior DUI conviction are normally required to perform community service.
Court Costs and Costs of Prosecution:
The amounts of these fees vary.
3rd DUI (Outside of 10 Years)
Jail Time
A person convicted of a third time DUI (which took place outside 10 years of a prior DUI conviction) faces a maximum sentence of one year in jail.
Probation
A person convicted of a third-time DUI outside 10 years of a prior conviction faces up to 12 months of probation.
Fines
The minimum fine is $2,000 and the maximum fine is $5,000. However, if the driver’s blood-alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the minimum fine is $4,000.
Driver’s License Revocation
The Judge will revoke the person’s driver’s license for 6 to 12 months.
Possibility of a Business Purposes Only License on the Revoked Driver’s License
A person with a third DUI conviction outside of 10 years of a prior DUI conviction is not eligible for a Florida Business Purposes Only License.
Ignition Interlock
A 2-year ignition interlock is required.
Vehicle Impound
A 10-day vehicle impound is required.
DUI School
The driver must complete Level II DUI School and any recommended treatment.
Community Service
Persons convicted of a third DUI outside 10 years of a prior DUI conviction are normally required to perform community service.
Court Costs and Costs of Prosecution:
The amounts of these fees vary.
4th DUI
Prison Time
A person convicted of a fourth-time DUI faces a maximum of 5 years in Florida State Prison.
Mandatory Adjudication of Guilt
A severe consequence of a plea to a fourth DUI is that the Court must adjudicate the person guilty of a felony, making the person a convicted felon. Convicted felons lose important rights, including the right to vote, the right to hold public office, and the right to possess a firearm.
Probation
A person convicted of a fourth DUI faces up to 5 years of probation.
Fines
The minimum fine is $2,000 and the maximum fine is $5,000. However, if the driver’s blood-alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the minimum fine is $4,000.
Driver’s License Revocation
The Judge must impose a lifetime driver’s license revocation.
Possibility of a Business Purposes Only License for the Revoked Driver’s License
A person with a fourth DUI conviction may be eligible for a Florida Business Purposes Only License after 5 years.
Ignition Interlock
A 2-year ignition interlock is required.
Vehicle Impound
A 90-day vehicle impound is required.
DUI School
The driver must complete Level II DUI School and any recommended treatment.
Community Service
Persons convicted of a fourth DUI are normally required to perform community service.
Court Costs and Costs of Prosecution:
The amounts of these fees vary.
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