Florida DUI penalties rise in steps: a standard first offense, an enhanced first offense, a second within 5 years, a felony third within 10 years, a felony fourth, and the felony charges tied to serious injury or death. Here is each level in order.
Level one: a standard first conviction
The baseline applies to a first conviction where the breath or blood alcohol level was under 0.15 and no minor was in the vehicle. The court can impose a fine between $500 and $1,000 and up to 6 months in jail, and it can add probation as long as jail and probation together stay within 1 year.
The same sentence carries 50 hours of community service, completion of DUI school, a 10 day impoundment of the vehicle, and revocation of the driver license for 180 days to 1 year.
Level two: 0.15 or higher, or a child in the car
Two facts move a first offense into an enhanced range: an alcohol level of 0.15 or above, or a minor riding in the vehicle. Either one doubles the fine range to $1,000 to $2,000 and raises the maximum jail term to 9 months.
The enhanced range also brings 6 months of ignition interlock, a device that requires a clean breath sample before the vehicle starts.
Repeat convictions: second, third and fourth
A second DUI conviction within 5 years of a prior conviction carries a mandatory minimum of 10 days in jail and revocation of the license for at least 5 years. Mandatory means the judge cannot sentence below that floor.
A third conviction within 10 years of a prior conviction is a third degree felony, with a mandatory minimum of 30 days in jail and revocation for at least 10 years. A fourth or later DUI is a third degree felony no matter how much time has passed. In Florida, a third degree felony is punishable by up to 5 years in prison and a $5,000 fine.
Ignition interlock can also be required after repeat offenses, for a length that depends on the circumstances.
The felony levels tied to injury or death
A DUI that causes serious bodily injury is a third degree felony, even when the driver has no prior record. DUI manslaughter is a second degree felony with a minimum mandatory prison sentence of 4 years and a 15 year maximum.
DUI manslaughter becomes a first degree felony, with a maximum of 30 years, if the driver failed to give information or render aid. Felony sentences are calculated using the Criminal Punishment Code scoresheet.
Consequences that apply at every level
Some consequences do not change with the level. Florida courts cannot withhold adjudication on a DUI, so a guilty or no contest plea results in a conviction. The conviction cannot be sealed or expunged, and it stays on the Florida driving record for 75 years. After any DUI conviction, Florida also requires FR-44 proof of insurance, with higher liability limits than standard coverage.
Penalties are set by statute and can be amended. DUI Lawyers Shield Firm can review which level a particular charge falls under in a free case review.
Keep reading
- First Time DUI in Florida: What Actually Happens From Arrest to Sentencing
- How to Fight a Florida DUI Breathalyzer Reading
- DUI vs DWI in Florida: Which One Applies to Your Case
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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