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What are DUI penalties in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Florida DUI law is codified at Fla. Stat. § 316.193 and applies to alcohol or controlled substance impairment.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, and .02% for drivers under 21 (Fla. Stat. § 322.2616).

2. First Offense — $500-$1,000 fine ($1,000-$2,000 if BAC .15+ or minor in vehicle), up to 6 months jail (up to 9 months with enhanced BAC), 50 hours community service, 6-12 month license revocation, 1 year probation, mandatory DUI school, and vehicle impoundment for 10 days.

3. First Offense IID — Required for first offenders with BAC .15+ or a minor in the vehicle, for at least 6 months.

4. Second Offense — $1,000-$2,000 fine ($2,000-$4,000 if BAC .15+), up to 9 months jail (up to 12 months with enhancements), mandatory 10 days jail if within 5 years of prior, 5-year license revocation if within 5 years (otherwise 6-12 months), and mandatory IID for at least 1 year.

5. Third Offense within 10 years — Third-degree felony: up to 5 years prison, $2,000-$5,000 fine, 10-year license revocation, 30 days mandatory jail, and 2 years IID.

6. Fourth Offense — Third-degree felony regardless of timing: up to 5 years prison, permanent license revocation, $2,000+ fine.

7. DUI Manslaughter (§ 316.193(3)) — Second-degree felony: up to 15 years prison and 4 years mandatory minimum.

8. Implied Consent and Refusal — First refusal triggers a 1-year license suspension; second refusal is a first-degree misdemeanor with 18-month suspension.

9. Aggravating Factors — BAC .15+, accident causing damage or injury, and minor passenger all enhance penalties.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Any DUI charge — always get an attorney
  • Accident with injuries
  • Prior DUI convictions
  • BAC of .15 or higher
Related Statutes & Laws
  • Fla. Stat. § 316.193
  • Fla. Stat. § 322.2615
  • Fla. Stat. § 322.2616
  • Fla. Stat. § 316.1932

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.