Wondering whether a Florida DUI can come off your record? compare DUI expungement rules by state.
← BackFlorida DUI Questions — Answered
Real answers to the most common questions after a Florida DUI arrest.
Last updated: March 3, 2026
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Key questions after a Florida DUI: Do I have 10 days to request a DHSMV hearing? (Yes — missing this deadline means automatic suspension.) What is FR-44? (Florida's higher-liability insurance requirement after a DUI — mandatory for 3 years.) Can a Florida DUI be expunged? (No — Florida DUI convictions cannot be sealed or expunged. Ever.) Is an ignition interlock required? (Yes, now required for all convictions including first offenses.)
You have 10 days from the date your license was taken to request a formal or informal review hearing with the DHSMV (Department of Highway Safety and Motor Vehicles). If you miss this window, your license is automatically suspended. Request the hearing AND get a temporary driving permit from the arresting officer if possible.
FR-44 is Florida's higher-liability insurance certificate required after a DUI conviction — it requires bodily injury coverage of $100,000/$300,000 and property damage of $50,000. This is significantly more than the standard FR-22 used in other states. You'll need to maintain FR-44 for 3 years after conviction.
Yes. A first DUI conviction results in a minimum 180-day license revocation, up to 1 year. With a BAC of 0.15%+ or a minor in the vehicle, the minimum is 180 days. You may be eligible for a hardship license (business purposes only) after 30 days for a first offense.
A standard first DUI is a misdemeanor. It becomes a third-degree felony if: you have 2+ prior DUI convictions, caused serious bodily injury, or had a prior DUI within 10 years and this is your third offense. DUI manslaughter is a second-degree felony (up to 15 years prison).
Total costs for a first DUI typically range from $8,000–$20,000+, including: fines ($500–$1,000 base, $1,000–$2,000 for BAC 0.15%+ or a minor in the vehicle), attorney fees ($2,500–$10,000), DUI school ($250), victim impact panel, ignition interlock (if required), community service, and FR-44 insurance increase.
Only in some cases. For a first DUI, Florida requires an ignition interlock for at least 6 months if your BAC was 0.15 or higher or a minor was in the vehicle. Requirements are longer for repeat convictions. The device must be installed on any vehicle you own or regularly drive.
Florida's implied consent law means you cannot refuse without penalty. First refusal: 1-year license suspension. Second or subsequent refusal: 18-month suspension. Since October 1, 2025 (Trenton's Law), refusing a breath or urine test is also a crime — a second-degree misdemeanor the first time, a first-degree misdemeanor after that. Refusal can also be used as evidence of guilt in court.
Possible but not certain. A first DUI carries up to 6 months in county jail (9 months for BAC 0.15%+ or minor in vehicle), but probation is often imposed for first offenses without aggravating factors. Mandatory 50 hours of community service and 12 months of probation are typical for first offenses.
A DUI conviction stays on your criminal record permanently and cannot be sealed or expunged in Florida. Your driving record shows it for 75 years (essentially permanent). This is one of the harshest record retention policies in the country — another reason to fight the charge if possible.
No. Florida law explicitly prohibits sealing or expunging a DUI conviction. Even a withhold of adjudication (where a judge withholds formally finding you guilty) does not make the DUI eligible for sealing if you completed DUI school and probation as part of a plea. Consult an attorney about whether adjudication was withheld in your case.