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What Are the DUI Penalties in Florida?

Orlando Defense Aug. 30, 2021

The DUI penalties in Florida are some of the toughest in the nation. DUI convictions in Florida cannot be expunged or sealed.

Consequences include steep fines, driver license revocation, possible jail time, mandated ignition interlock devices, increased insurance premiums, and community service.

Even if you are a tourist from out of state, you could end up with warrants for your arrest in Florida and your driving privileges in your home state could be in jeopardy.

DUI Penalties In Florida

Under the Florida DUI statute, the legal BAC level is .08, and penalties increase for a BAC .15 or higher.

Penalties may also depend on whether there was a minor in the vehicle, if property damage or bodily injury occurred, how many prior DUI convictions are on your record, and how much time has passed since your last DUI.

Luckily, Florida is a state that does allow license reinstatement in some cases for the limited purposes of business or employment.

Eligible people must complete DUI School and pay the administrative fees before they will be allowed to obtain a hardship license. They may also need an ignition interlock device (IID), depending on the terms of their conviction.

DUI penalties in Florida are decided first by how many DUI convictions you have, and then whether there are any aggravating factors.

The penalties below are greatly aggravated for DUI with serious bodily injury, manslaughter, or vehicular homicide, which are all felonies.

First DUI

Penalties for a first DUI include:

  • Fines from $500 to $1,000 for a BAC under .15, or $1,000 to $2,000 if BAC was .15 or greater or if there was a minor in car;

  • License revocation of at least 180 days and up to one year—if there were any injuries, the minimum increases to three years;

  • Car impound for ten days;

  • Interlock device for at least six months for a BAC .15 or greater; and

  • Jail for up to six months for a BAC under .15 or nine months for a BAC .15 or greater.

First DUIs are misdemeanor offenses.

Second DUI

Penalties for a second DUI are as follows:

  • Fines from $1,000 to $2,000 for a BAC under .15, or $2,000 to $4,000 if BAC was .15 or greater or if there was a minor in car;

  • License revocation for five years if the previous DUI conviction was within the last five years (with the possibility of applying for a hardship license after the first year) or 180 days to a year if the prior conviction was more than five years ago;

  • Car impound for 30 days if you had a prior DUI in the last five years;

  • Interlock device for at least one year after license reinstated, or two years if BAC was over .15 or there was a minor in the vehicle; and

  • Jail for up to 9 months for a BAC under .15 or 12 months for a BAC .15 or greater, with a mandatory minimum 10-day sentence if the previous DUI was within the last five years.

Second DUIs are also misdemeanors.

Third DUI

Penalties for third DUIs vary greatly depending on how much time passed since the second. Third DUIs within ten years of a second DUI are third-degree felonies, and the penalties are:

  • Fines from $2,000 to $5,000 for a BAC under .15, or at least $4,000 if BAC was .15 or greater or if there was a minor in car;

  • License revocation of at least ten years, with hardship applications allowed after two years;

  • Car impound for 90 days;

  • Interlock device for at least two years minimum; and

  • Jail time of at least 30 days and the possibility of up to 5 years in state prison.

If the third DUI happens over ten years after the second DUI, it is a first-degree misdemeanor.

The license suspension is the same as for first-time DUI convictions, there is no mandatory minimum jail time, and the maximum confinement possible is 12 months. Fines and IID requirements are the same for all third convictions.

Fourth DUI

Fourth DUIs can be charged as third-degree felonies. The penalties are:

  • Fines of at least $2,000 for a BAC under .15, or at least $4,000 if BAC was .15 or greater or if there was a minor in car;

  • Permanent license revocation, with a hardship application possible after five years;

  • Interlock device for at least five years with hardship license; and

  • Imprisonment for up to five years.

People with fourth DUI convictions are considered habitual offenders and may be ordered to serve an extended term of imprisonment. 

If You Were Arrested For DUI, Contact Orlando Defense

Florida aggressively prosecutes DUIs, and penalties are harsh. At Orlando Defense our practice focuses on criminal defense, and we are experienced DUI trial attorneys.

We will work with you to devise the best strategy for your specific circumstances and vigorously defend your interests. Your driving privileges, public record, and personal freedoms are too important to take chances.

Contact us today to schedule a consultation.