Last updated January 2026
🚨 Arrested for DUI in Florida?
Being arrested for DUI in Florida is serious. Being convicted is far more consequential.
Florida DUI penalties can include jail, probation, fines, license loss, ignition interlock requirements, and permanent record consequences. But penalties are not automatic. What ultimately applies depends on the charge level, prior history, and how the case resolves in court.
This page explains what Florida DUI penalties are, how they escalate, and what a conviction actually means—without speculating about defenses or outcomes that belong elsewhere.
⚖️ How Florida DUI Penalties Are Determined
Florida DUI penalties depend on several factors, including:
Whether this is a first, second, or subsequent DUI
Whether any aggravating factors are alleged
Whether an accident, injury, or death occurred
Whether the charge is classified as a misdemeanor or felony
The penalties below reflect maximum exposure, not guaranteed outcomes.
🚗 First DUI Penalties in Florida (No Aggravating Factors)
For a first DUI conviction without aggravating factors, Florida law allows:
Up to 6 months in jail
$500–$1,000 in fines
6–12 months driver’s license suspension
10-day vehicle impoundment
Mandatory DUI school
Possible probation and substance abuse evaluation
Reality check: Many first-time DUI cases do not result in jail, but a conviction still carries permanent consequences.
🚨 First DUI With Aggravating Factors
Penalties increase if aggravating factors are alleged, including:
BAC of 0.15 or higher
Minor in the vehicle
Possible consequences include:
Up to 9 months in jail
$1,000–$2,000 in fines
Ignition interlock requirements
Longer probation and stricter conditions
These enhancements apply even on a first offense.
🔁 Second DUI Penalties in Florida
Second DUI Within 5 Years
Mandatory minimum 10 days in jail
Up to 9 months total jail exposure
$1,000–$2,000 in fines
5-year license revocation
Ignition interlock for at least 1 year
Second DUI After 5 Years
No mandatory jail minimum
Increased fines and probation exposure
Ignition interlock may still be ordered
Timing between offenses matters significantly.
🚔 Third and Subsequent DUI Penalties
DUI penalties are not one-size-fits-all. The penalties a person faces depend on prior history, alleged BAC level, whether an accident occurred, and how the case resolves in court.
🚗 First DUI Penalties in Florida
Third DUI Within 10 Years
Felony DUI
Up to 5 years in prison
Minimum 30 days in jail
10-year license revocation
Third DUI Outside 10 Years
May remain a misdemeanor
Still carries substantial jail, probation, and license consequences
Fourth DUI (Any Time)
Felony DUI
Prison exposure
Permanent criminal record
⚠️ Enhanced DUI Penalties in Florida
DUI penalties increase significantly when aggravating circumstances are present. Common enhancement factors include:
High BAC (0.15 or greater)
Minor passenger
Prior DUI convictions
Accidents involving property damage
Serious bodily injury
Death (DUI manslaughter)
Enhancements can elevate jail exposure, convert misdemeanors to felonies, lengthen license revocations, and impose long-term restrictions.
🚗 DUI With Property Damage, Injury, or Death
DUI With Property Damage
Misdemeanor offense
Higher fines and probation exposure
Civil liability often follows
DUI With Serious Bodily Injury
Felony charge
Up to 5 years in prison
Mandatory license revocation
DUI Manslaughter
Second-degree felony (up to 15 years in prison)
First-degree felony if failure to render aid is alleged (up to 30 years)
Permanent license revocation
Extremely aggressive prosecution
🚘 License Consequences Are Separate From Court Penalties
DUI penalties involve two parallel systems:
Criminal court sentencing
Administrative license action by the DHSMV
License consequences can occur before conviction and may include suspension or revocation depending on the case posture.
A DUI conviction remains visible indefinitely and can affect:
Employment and professional licensing
Auto insurance eligibility and cost
Housing and rental approvals
Driving privileges long-term
🔐 Can a DUI Conviction Be Sealed or Expunged in Florida?
No.
A DUI conviction in Florida can never be sealed or expunged.
Once adjudication is entered, the conviction becomes permanent. Avoiding conviction entirely—through dismissal or charge reduction—is the only way to prevent a lifelong record.
🧠 DUI Penalties Are Not Automatic
The penalties listed above represent statutory maximums. Actual outcomes depend on:
Charge level
Prior history
Alleged aggravating factors
How the case resolves in court
Because sentencing exposure can change quickly, understanding the consequences early is critical.
❓ Florida DUI Penalties – FAQs
What are the penalties for a first-time DUI in Florida?
Up to 6 months in jail, $500–$1,000 fine, license suspension, DUI school, and probation. Jail is often avoidable with proper defense.
Do DUI penalties increase if I refused testing?
Yes. Refusal triggers longer license suspensions and may carry criminal consequences, but refusals can also be challenged.
Can DUI penalties be reduced or dismissed?
Yes. Many DUI cases are reduced to reckless driving or dismissed due to evidentiary or constitutional issues.
Is jail mandatory for a DUI in Florida?
Only in certain repeat-offender scenarios. Most first offenses do not result in jail when handled correctly.
Do DUI convictions stay on your record forever?
Yes. DUI convictions cannot be sealed or expunged in Florida — which is why avoiding conviction is critical.
📞 Facing DUI Penalties in Florida?
Understanding potential penalties is only one part of a DUI case. How the charge is handled can significantly affect outcomes.
For a broader overview of DUI defense in Fort Lauderdale and South Florida, see our Fort Lauderdale DUI defense guide.