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 conviction | Third conviction | Fourth 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 $5,000 | At least $2,000 |
| Jail or prison | Up to 9 months; at least 10 days if within 5 years of a prior conviction | Within 10 years of a prior: third-degree felony, up to 5 years, at least 30 days. Otherwise up to 12 months | Third-degree felony, up to 5 years |
| Vehicle | 30-day impoundment if within 5 years | 90-day impoundment if within 10 years | |
| License revocation | At least 5 years if within 5 years of a prior | At least 10 years if within 10 years of a prior | Permanent |
| Ignition interlock | At least 1 year (2 years with .15+ or a minor) | At least 2 years | At 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.