Last updated November 2025
A DUI arrest is stressful — but a DUI conviction in Florida is life-changing. From jail time and license suspension to skyrocketing insurance rates and a permanent criminal record, the consequences go far beyond court.
If you or someone you care about has been charged with DUI, here’s what a conviction really means — and what you can do about it.
π What Is a DUI Conviction in Florida?
Under Florida Statute § 316.193, a DUI conviction occurs when a person:
“Is found guilty or pleads guilty or no contest to driving under the influence of alcohol or drugs to the extent that normal faculties are impaired, or with a BAC of 0.08% or higher.”
Convictions can happen through trial, plea, or even failure to challenge administrative penalties. And once entered, a DUI conviction cannot be sealed or expunged.
π DUI Penalties in Florida
Florida law mandates minimum penalties for DUI convictions. Penalties escalate based on BAC level, prior offenses, and aggravating factors like accidents or minors in the car.
| Offense | Max Jail | Fines | License Suspension | Other Penalties |
|---|---|---|---|---|
| 1st DUI | Up to 6 months | $500–$1,000 | 6–12 months | DUI school, ignition interlock (if BAC ≥ 0.15), probation |
| 2nd DUI (within 5 yrs) | 10 days to 9 months | $1,000–$2,000 | 5 years | Mandatory interlock, 30-day vehicle impound |
| 3rd DUI (within 10 yrs) | Up to 5 years (felony) | $2,000–$5,000 | 10 years | Felony conviction, long-term license loss |
| DUI with Serious Injury | Felony | Variable | Variable | Possible prison time, restitution |
β οΈ Consequences Beyond the Courtroom
π« Permanent Criminal Record (not sealable or expungeable)
π Insurance Rate Increases or cancellation
π· Employment & Licensing Consequences (especially CDL, healthcare, legal, government)
βοΈ Travel Restrictions (some countries may deny entry with DUI convictions)
π§Ύ Background Check Failures for housing or loans
π‘οΈ How We Fight to Prevent Conviction
At Michael White, P.A., we defend DUI cases from every angle — including illegal stops, unreliable tests, and lack of impairment.
πΉ Motion to Suppress
If the traffic stop or arrest violated your rights, we move to exclude the evidence.
πΉ Faulty Breath or Blood Tests
Breathalyzers can be inaccurate. Blood draws can be challenged for handling, timing, and lab integrity.
πΉ No Proof of Driving
If the State can’t prove actual physical control of the vehicle, the charge may not stick.
πΉ Negotiated Reductions
We push for dismissal or reduction to reckless driving or civil infractions when appropriate.
β Why Clients Choose Michael White
β
Former prosecutor who handled thousands of DUI cases
β
Strategic, aggressive defense at every phase
β
Track record of dismissals, reductions, and suppressed evidence
β
Clear communication and guidance through complex legal procedures
π A DUI Conviction in Florida Doesn’t Have to Be the End.
But you need to fight back early — and with the right strategy.
β Frequently Asked Questions
π¨βοΈ Is a DUI conviction in Florida a misdemeanor or felony?
First and second offenses are usually misdemeanors. A third offense (within 10 years), or a DUI involving injury or death, is a felony.
π Can a DUI conviction be sealed or expunged in Florida?
No. DUI convictions are not eligible for sealing or expungement under Florida law.
π Will I lose my license after a DUI conviction?
Yes. Suspension is mandatory — but we may help you obtain a hardship license.
π Can I avoid jail time if convicted of DUI?
Possibly. Many first-time offenders avoid jail through probation, DUI school, or court-approved programs.
βοΈ Can a DUI conviction be reduced or overturned?
Yes — through appeal, post-conviction relief, or plea negotiation. But early action is critical.