The statute
Florida DUI penalties are set by F.S. 316.193. They depend on the number of prior convictions, how recent they are, the breath or blood alcohol level, whether a minor was in the vehicle and whether anyone was hurt. The figures below are statutory ranges, not predictions for any case.
First DUI
With a level under 0.15 and no minor in the vehicle: a fine of $500 to $1,000; up to 6 months in jail; probation, with jail and probation together up to 1 year; 50 hours of community service; DUI school; a 10 day vehicle impoundment; and a license revocation of 180 days to 1 year.
First DUI at 0.15 or higher, or with a minor in the vehicle
A fine of $1,000 to $2,000, up to 9 months in jail, and an ignition interlock device for 6 months.
Second DUI within 5 years
A mandatory minimum of 10 days in jail and a license revocation of at least 5 years. An ignition interlock device can also be required.
Third DUI within 10 years
A third degree felony, with a mandatory minimum of 30 days in jail and a license revocation of at least 10 years.
Fourth or later DUI
A third degree felony regardless of how much time has passed since the earlier convictions.
DUI with serious bodily injury
A third degree felony, which carries up to 5 years and a $5,000 fine. Felony sentencing uses the Criminal Punishment Code scoresheet.
DUI manslaughter
A second degree felony with a 4 year minimum mandatory prison sentence and a maximum of 15 years. It becomes a first degree felony if the driver fails to give information or render aid.
Consequences that follow every DUI conviction
Courts cannot withhold adjudication on a DUI, and the conviction cannot be sealed or expunged. It stays on the Florida driving record for 75 years, and FR-44 proof of insurance is required. Commercial drivers face a CDL disqualification of 1 year, or 3 years when transporting hazardous materials, even when the DUI happened in a personal vehicle.
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