What are the DUI laws and penalties in Florida?
What happens after a DUI arrest in FloridaAs of October 20, 2026
- Arrest and chargeChemical test, notice of license action, first court date set.
- 10-day deadlineRequest a formal or informal FLHSMV review before the temporary permit expires.
- Court casePlea or trial, then sentencing: fine, program, probation or jail.
- License backSuspension served, interlock if ordered, reinstatement fee paid.
A first DUI in Florida is a criminal misdemeanor, not a traffic ticket, punishable by up to 6 months in jail. It becomes a third-degree felony on a third conviction within 10 years of a prior one, on any fourth conviction regardless of timing, or when it causes serious bodily injury.
What are the penalties for a first-offense DUI in Florida?
A first DUI carries a $500 to $1,000 fine, up to 6 months in jail, probation of up to 1 year, at least 50 hours of community service, DUI school and a 10-day vehicle impoundment.
| Penalty | First offense | Second offense (within 5 years) |
|---|---|---|
| Offense level | Misdemeanor, up to 6 months in jail | Misdemeanor, up to 9 months in jail |
| Jail | Up to 6 months, no minimum | Up to 9 months, at least 10 days |
| Fine | $500 to $1,000 | $1,000 to $2,000 |
| License | Revoked 180 days to 1 year | Revoked at least 5 years |
| Ignition interlock | Court's option, at least 6 months if ordered | Mandatory, at least 1 year |
| Also | Probation, 50 hours community service, DUI school, 10-day impound | DUI school Level II, probation, 30-day impoundment |
With a blood- or breath-alcohol level of 0.15 or higher, or a passenger under 18 in the car, the first-offense tier rises: a $1,000 to $2,000 fine, up to 9 months in jail, and a mandatory ignition interlock device at your own expense for at least 6 continuous months once you qualify for a permanent or restricted license. A judge also may not accept a plea to a lesser offense such as reckless driving from a driver whose test showed 0.15 or more (Fla. Stat. § 316.656).
For any first conviction the court may order an interlock for at least 6 continuous months (§ 316.1937). Probation comes with monthly reporting, and DUI school (Level I) includes a psychosocial evaluation and any treatment it recommends, all at your expense. The impoundment cannot run at the same time as any jail sentence, and court costs plus a surcharge are added to the fine.
Source: Fla. Stat. § 316.193(2)(a)1.a., (2)(a)2.a., (4)(a)1., (4)(b)1., (4)(c), (5), (6)(a); § 316.1937(1); § 316.656; § 322.28(2)(a)1. — Not less than $500 or more than $1,000 for a first conviction. … Not more than 6 months for a first conviction.
Do you go to jail for a first DUI in Florida?
You can get up to 6 months in county jail for a plain first DUI, but Florida sets no mandatory minimum jail term for a first conviction.
Any jail time and probation added together may not exceed 1 year for a first conviction.
How long is your license suspended for a DUI in Florida?
After a first conviction, the court revokes your license for at least 180 days and up to 1 year. Separately, FLHSMV suspends it at arrest for 6 months when a test shows 0.08 or higher.
The two actions never merge. The administrative suspension starts the day of the arrest and runs on its own; FLHSMV later credits the time you already served under it against the court revocation under Fla. Stat. § 322.28. The administrative suspension is 1 year if your license was suspended that way before. A hardship (business-purposes) license is possible after 30 days without a license or permit, on proof that you enrolled in DUI school.
Drivers under 21 face a separate 6-month administrative suspension at 0.02 or higher (1 year if previously suspended), and commercial drivers are held to a 0.04 limit.
How many days do you have to request a FLHSMV hearing after a DUI arrest in Florida?
You have 10 days from the date on the notice of suspension to request a formal or informal review from the FLHSMV Bureau of Administrative Reviews. Your citation works as a temporary permit until midnight of the 10th day.
The arresting officer takes your license on the spot on behalf of FLHSMV. To ask for a review, file Form HSMV 78065 with a $25 fee. FLHSMV must schedule a formal review hearing within 30 days of your request; if you fail to appear without just cause, you waive the hearing and the suspension stands.
A first-time offender may instead waive the review and apply for a hardship license within the same 10-day window.
What happens if you refuse a breathalyzer in Florida?
Refusing a breath, blood or urine test after a lawful DUI arrest brings an automatic 1-year FLHSMV suspension, 18 months if your license was suspended for a refusal before, and since October 1, 2025 even a first refusal is a crime.
Under Florida's implied-consent law (Fla. Stat. § 316.1932), anyone who drives in the state has agreed to an approved test when lawfully arrested for DUI. A first refusal is now a second-degree misdemeanor; a refusal by a driver whose license was previously suspended for refusing is a first-degree misdemeanor. Before HB 687 (“Trenton's Law”, ch. 2025-121) took effect on October 1, 2025, only a second refusal was a crime. The refusal can also be used as evidence against you in the criminal case.
No hardship (business-purposes) license is available until 90 days after the 10-day temporary permit expires, and FLHSMV says there is no hardship reinstatement after a second or later refusal. Commercial drivers who refuse are disqualified from driving a commercial vehicle for 1 year.
Source: Fla. Stat. § 316.1932(1)(a)1.a.; § 322.2615(1)(a), (1)(b)1.a., (1)(b)3., (1)(b)4., (6)(a)-(b), (10)(a); § 322.61(3)(b)5. — will result in the suspension of the person's privilege to operate a motor vehicle for a period of 1 year for a first refusal … he or she commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083
What is the penalty for a second DUI in Florida?
A second DUI means a $1,000 to $2,000 fine and up to 9 months in jail. Within 5 years of a prior conviction, the court must add at least 10 days in jail and revoke your license for at least 5 years.
The $1,000 to $2,000 fine and the 9-month maximum apply to any second conviction, no matter how long ago the first one was; prior DUI convictions never fully drop off. The 5-year window controls the extras: at least 10 days in jail, of which 48 hours must be consecutive, a 30-day impoundment or immobilization of every vehicle you own (not at the same time as jail), and a court revocation of at least 5 years. Outside that window the court revocation is the first-offense range of 180 days to 1 year.
An ignition interlock is mandatory for at least 1 year at your expense once you qualify for a permanent or restricted license. With a level of 0.15 or higher or a passenger under 18, the fine is $2,000 to $4,000, jail up to 12 months, and the interlock at least 2 continuous years. You also complete DUI school (Level II) with a psychosocial evaluation and any recommended treatment, and report monthly on probation.
Source: Fla. Stat. § 316.193(2)(a)1.b., (2)(a)2.b., (2)(a)3., (4)(a)2., (4)(b)2., (4)(c), (6)(b); § 322.28(2)(a)2.; § 322.2615(1)(b)1. — Not less than $1,000 or more than $2,000 for a second conviction … Not more than 9 months for a second conviction. … the court shall order imprisonment for not less than 10 days
Source: Fla. Stat. § 316.193(2)(b)1., (2)(b)3., (6)(b)-(c); § 322.28(2)(a)2.-3., (2)(d)
Is a DUI a felony in Florida?
A first or second DUI is a misdemeanor. DUI becomes a third-degree felony on a third conviction within 10 years of a prior conviction, on any fourth conviction regardless of timing, or when it causes serious bodily injury.
A third conviction within 10 years brings at least 30 days in jail, a 90-day impoundment, a 2-year interlock and a 10-year revocation. A fourth or later conviction carries a fine of at least $2,000 and permanent license revocation (Fla. Stat. § 322.28(2)(d)). DUI that causes property damage or minor injury is a first-degree misdemeanor, and a child passenger by itself does not turn a first DUI into a felony.
DUI causing death is DUI manslaughter, a second-degree felony with a 4-year mandatory minimum prison term. It is a first-degree felony if the driver has a prior DUI-manslaughter or vehicular-homicide conviction (an enhancement added by HB 687, effective October 1, 2025) or knew of the crash and failed to stop and render aid.
How long does a DUI stay on your record in Florida?
FLHSMV keeps a DUI conviction on your Florida driving record for 75 years, in practice for life, and it stays permanently on your criminal history and background checks. A Florida DUI conviction can never be sealed or expunged.
Florida courts may not withhold adjudication for DUI (Fla. Stat. § 316.656), so every DUI conviction is a formal adjudication of guilt. Sealing (§ 943.059) and expunction (§ 943.0585) both require that you were not adjudicated guilty of the acts behind the arrest, which rules out a DUI conviction. The driving record is kept separately from the FDLE criminal history.
Only a DUI arrest that ends without an adjudication of guilt (the charge is dropped, you are acquitted, or it is reduced to a non-DUI charge with adjudication withheld) can qualify, subject to Florida's general one-time limit.
Source: FLHSMV 'Never Drive Impaired'; Fla. Stat. § 316.656(1); § 943.0585(1)(e); § 943.059(1)(c)
How much does a DUI lawyer cost in Florida?
Reported flat fees for a first-offense Florida DUI lawyer without a crash cluster around $2,500 to $7,500; these are law-firm estimates, not a quote. Newer lawyers quote $1,000 to $2,500, experienced DUI specialists $4,000 to $10,000.
A case that goes to trial or involves a refusal, a 0.15 or higher level, an accident or an injury can exceed $10,000 to $15,000. Quoted fees usually cover the pretrial phase only and exclude expert witnesses.
The lawyer is only part of the bill. Add the fine of $500 to $1,000 (or $1,000 to $2,000 at 0.15 or higher), court costs and surcharges (one firm lists a $135 court cost, a $15 fee, a $60 misdemeanor assessment and a 5% surcharge on the fine), DUI school at $295 for Level I or $445 for Level II plus a $75 evaluation, an ignition interlock at roughly $70 to $150 per month or $2.50 to $3.50 per day plus installation, towing and storage for the 10-day impoundment (about $400), and a hardship-license reinstatement fee of at least $350.
Insurance is the biggest long-term cost: Florida requires FR-44 proof of insurance with 100/300/50 liability limits for at least 3 years (Fla. Stat. § 324.023), and firms estimate premiums rising $3,000 to $5,000 a year for 3 to 5 years, or $5,000 to $10,000 over several years. All-in estimates run from $10,000 up to $20,000 to $50,000 over the following years.
Fee range: Musca Law, Lotter Law, Reep Law — reported figures, not a quote.
Florida statutes and official sources
- Offense: Fla. Stat. § 316.193(1)
- Implied consent / refusal: Fla. Stat. § 316.1932(1)(a)
- Administrative suspension: Fla. Stat. § 322.2615
- Prior offenses / lookback: Fla. Stat. § 316.193(2)(b), (6)(b)-(c); § 322.28(2)(a)
- Ignition interlock: Fla. Stat. § 316.1937; § 316.193(2)(a)3., (4)(c)
- No plea-down at 0.15 / no withhold of adjudication: Fla. Stat. § 316.656
- Under-21 zero-tolerance (0.02): Fla. Stat. § 322.2616
- Commercial drivers (0.04): Fla. Stat. § 322.61(3)
- Post-DUI financial responsibility (FR-44 limits): Fla. Stat. § 324.023
- Expunction / sealing: Fla. Stat. § 943.0585(1)(e); § 943.059(1)(c); § 943.0584(2)
- 2025 amendment (HB 687 'Trenton's Law', ch. 2025-121, eff. Oct 1, 2025): CS/HB 687 (2025), Laws of Fla. ch. 2025-121
- FLHSMV — Florida DUI and Administrative Suspension Laws
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
More DUI guides and calculators
Not about Florida: the national DUI pages and every other state we cover.
DUI guides
DUI laws by state
First-offense penalties, license suspension, refusal, record and lawyer cost — with the statute cited.