DUI Penalties

Given frequent legislative changes in the area of DUI law and the unique
nature of each case, readers are urged not to rely solely on graphs and
charts. You are advised to review  Florida Statute Section 316.193 and to
consult with an experienced attorney.

The following is a list of legal penalties for committing DUI in Florida:

1st  DUI:

  • Potential jail time: 0-6 months or 0-9 months if BAC was higher than 0.20% or minor was present
  • Fines: $250-$1,000 (depending on BAC level and if minor(s) was present)
  • Driver’s License Suspension: 6 months to 1 year
  • Probation: 1 year
  • Car is usually impounded for 10 days
  • If BAC was more than 0.20% an interlock device will be placed in car for up to 6 months
  • Can obtain permit to drive to and from work after 30 days (after completing DUI school)
  • Insurance costs are likely to increase
  • Community Service: 50 hours
  • Non U.S. citizens may face deportation

2nd DUI (within 5 years):

  • Potential jail time: 10 days-9 months, or 10-12 months if BAC was higher than 0.20% or minor was present
  • Fines: $500-$2,000 (depending on BAC level and if minor(s) was present)
  • Driver’s License Suspension: no less than 5 years
  • Probation: 1 year
  • Car is usually impounded for 30 days
  • If BAC was more than 0.20% an interlock device will be placed in car for 1-2 years
  • May be able to obtain permit to drive to and from work after 90 days
  • Insurance cost will increase
  • Community Service: 50 hours
  • Mandatory attendance to DUI school
  • Non U.S. citizens may face deportation

3rd DUI (within 10 years):

  • Potential jail time: 30 days-5 years
  • Fines: $1,000-$5,000
  • Driver’s License Suspension: up to 10 years
  • Probation: 1-5 years
  • Car is usually impounded for 90 days
  • If BAC was more than 0.20% an interlock device will be placed in car for at least 2 years
  • May be able to obtain permit to drive to and from work after 1 year
  • Insurance cost will to increase
  • Charged as felony
  • Community Service: 50 hours
  • Mandatory attendance to DUI school
  • Non U.S. citizens may face deportation

4th DUI (within 10 years):

  • Potential jail time: up to 5 years
  • Fines: $1,000-$5,000
  • Driver’s License Suspension: permanent
  • Probation: 1-5 years
  • Insurance cost will increase
  • Community Service: 50 hours
  • Mandatory attendance to DUI school
  • Non U.S. citizens may face deportation