DUI defense

Florida DUI Penalties

Florida's legislature has set minimum mandatory penalties for DUI, and they increase with a second or later conviction, a high breath result, a minor in the car, or a crash.

Minimum mandatory penalties

If you are convicted of DUI in Florida, the legislature has enacted specific minimum mandatory penalties, and they increase if you are convicted of a second or later DUI. For a first conviction you are facing fines, court costs, probation, driver license revocation, DUI school (including an evaluation and possible treatment) and a 10-day vehicle impoundment or immobilization. Beyond the court penalties, a DUI conviction may bring higher insurance costs, jail time, an ignition interlock device and, if you are not a U.S. citizen, immigration consequences.

A Florida judge may not withhold adjudication on a DUI. A DUI conviction stays on your record and cannot be sealed or expunged. That is why the defense matters: many DUI cases can be reduced or won.

First DUI conviction

  • Fine: $500 to $1,000; $1,000 to $2,000 with a breath or blood result of .15 or more or a passenger under 18
  • Jail: up to 6 months; up to 9 months with .15 or more or a minor in the vehicle
  • Probation: not more than 1 year, and probation plus jail cannot exceed 1 year in total
  • Community service: at least 50 hours
  • Vehicle: impounded or immobilized for 10 days, not at the same time as any jail
  • License revocation: at least 180 days and up to 1 year
  • DUI school: a substance abuse course with an evaluation, and treatment if referred
  • Ignition interlock: at least 6 months if the result was .15 or more or a minor was in the vehicle; the court may order it in other cases

Second and later convictions

Second convictionThird convictionFourth or later
Fine$1,000 to $2,000 ($2,000 to $4,000 with .15+ or a minor)Within 10 years: felony fines up to $5,000. Otherwise $2,000 to $5,000At least $2,000
Jail or prisonUp to 9 months; at least 10 days if within 5 years of a prior convictionWithin 10 years of a prior: third-degree felony, up to 5 years, at least 30 days. Otherwise up to 12 monthsThird-degree felony, up to 5 years
Vehicle30-day impoundment if within 5 years90-day impoundment if within 10 years
License revocationAt least 5 years if within 5 years of a priorAt least 10 years if within 10 years of a priorPermanent
Ignition interlockAt least 1 year (2 years with .15+ or a minor)At least 2 yearsAt least 5 years

Prior DUI convictions from other states and boating under the influence convictions count as priors.

DUI with property damage, injury or death

  • DUI that causes damage to another person’s property or person: first-degree misdemeanor, up to 1 year
  • DUI causing serious bodily injury: third-degree felony, up to 5 years
  • DUI manslaughter: second-degree felony with a 4-year minimum mandatory prison sentence, and a permanent license revocation; it becomes a first-degree felony if the driver left without giving information and rendering aid, or has a prior DUI manslaughter or vehicular homicide conviction

Read more about DUI with property damage or injury.

Refusing the test

Refusing a lawful breath or urine test brings a 1-year administrative suspension for a first refusal and 18 months after a prior refusal suspension. Since October 1, 2025, a first refusal is also a second-degree misdemeanor, and a second refusal a first-degree misdemeanor. See breath test refusal.

Reckless driving instead of DUI

Many DUI cases end with a reduction to reckless driving. A first reckless driving conviction carries up to 90 days in jail and a fine of $25 to $500, with no mandatory license revocation. When alcohol or drugs contributed, the court must order the DUI program course. A reduction is not available by law when the breath or blood result was .15 or more. Whether a reduction is possible depends on the evidence; see Adam’s case results, and remember that every case is different.

You will likely be on camera

During a DUI investigation in South Florida, it is more likely than not that you will be recorded for presentation in the courtroom. The video can help or hurt, which is one more reason to have a lawyer review it early.

Arrested for DUI?

Your first deadline is the 10-day rule. Then read what to do after a DUI arrest and call Adam at (954) 294-9372 for a free consultation.

DUI Defense

More on DUI defense

DUI Defense overview

The 10-Day Rule

After a DUI arrest in Florida you have only 10 days to protect your driver license.

After a DUI Arrest

Most people are not prepared for the feeling in the pit of the stomach when a police cruiser appears behind them with its lights on.

Pulled Over for DUI

If a police officer stops you on suspicion of DUI, there are some guidelines you should follow.

Breath Test Refusal

Refusing a breath test in Florida has real consequences for your license and, since October 1, 2025, can be a separate crime even on a first refusal.

DUI Accidents

A DUI after a crash raises the stakes.

Attorney Adam D. Harmelin

Your attorney

Adam D. Harmelin

Adam has devoted his legal career to defending people arrested and charged with crimes, and has defended thousands of people throughout Florida. He lists his cell phone on his business card and website, and takes calls during business hours, nights, weekends and holidays.

  • B.A. with honors, University of Florida, 1994
  • J.D., University of Miami School of Law, 1997
  • Admitted to The Florida Bar, 1997
  • U.S. District Court, Southern District of Florida

Talk to Adam about your case

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