Florida DUI Penalties: Fines, Jail Time & License Impact
Last updated: March 4, 2026
Quick Answer: A first-offense DUI in Florida carries fines of $500–$1,000, up to 6 months in jail, and a 180-day to 1-year license revocation. BAC of 0.15% or higher triggers enhanced penalties including mandatory IID. Florida requires FR-44 insurance (not SR-22) after conviction — with much higher coverage minimums. A DUI stays on your Florida driving record for 75 years.
Florida DUI Penalty Comparison
| Offense | Fine | Jail Time | License | IID |
|---|---|---|---|---|
| 1st DUI | $500–$1,000 | Up to 6 months | 180 days – 1 year | May be required |
| 1st DUI Enhanced (BAC ≥ 0.15%) | $1,000–$2,000 | Up to 9 months | 180 days – 1 year | Required (6 months) |
| 2nd DUI (within 5 yrs) | $1,000–$2,000 | 10 days mandatory – 9 months | 5 years (minimum) | Required (12 months) |
| 2nd DUI (after 5 yrs) | $1,000–$2,000 | Up to 9 months | 180 days – 1 year | Required (12 months) |
| 3rd DUI (within 10 yrs) — Felony | $2,000–$5,000 | 30 days mandatory – 5 years | 10 years (minimum) | Required (24 months) |
| 4th+ DUI — Felony | Up to $5,000 | Up to 5 years (prison) | Permanent revocation | Required |
Aggravating Factors
- ⚠BAC of 0.15% or higher — enhanced fines ($1,000–$2,000 first offense), mandatory IID, up to 9 months jail
- ⚠Minor under 18 in the vehicle — same enhanced penalties as BAC ≥ 0.15%
- ⚠Causing property damage or injury — DUI with property damage/injury, potential felony
- ⚠Causing serious bodily injury — third-degree felony (up to 5 years)
- ⚠DUI manslaughter — second-degree felony (up to 15 years), first-degree if leaving scene
- ⚠Refusal to submit to testing — 1-year suspension (first refusal), 18 months (second+ refusal). Since Oct. 1, 2025, a first breath or urine refusal is a second-degree misdemeanor; later refusals are first-degree misdemeanors
- ⚠Second DUI within 5 years — mandatory 10 days jail, 5-year minimum revocation
- ⚠Third DUI within 10 years — third-degree felony, 30 days mandatory jail
Administrative vs. Criminal Penalties
Administrative (FL DHSMV)
- • License suspension begins after 10-day temp permit
- • Handled by FL DHSMV
- • Formal review hearing can contest suspension
- • Hardship license may be available
- • FR-44 insurance required for reinstatement
Criminal (Court)
- • Fines, jail, probation (up to 1 year)
- • Mandatory DUI school (12-21 hours)
- • Community service (50 hours minimum)
- • Vehicle impound (10-90 days)
- • 3rd within 10 yrs = felony
⏰ Critical Deadline
10 Days to Request DHSMV Hearing
After a DUI arrest in Florida, you have exactly 10 days to request a formal review hearing with the Florida DHSMV. Your temporary driving permit expires after 10 days. Miss this deadline and your license suspension takes effect immediately with no chance to contest it.
Frequently Asked Questions
A first-time DUI in Florida carries fines of $500–$1,000, up to 6 months in jail (up to 9 months with BAC ≥ 0.15%), a 180-day to 1-year license revocation, mandatory DUI school (12 hours), 50 hours of community service, and probation up to 1 year. An IID may be required, and is mandatory for BAC ≥ 0.15% or refusal.
A DUI is enhanced in Florida when your BAC is 0.15% or higher, or when a minor under 18 is in the vehicle. Enhanced penalties include: fines of $1,000–$2,000 (first offense), up to 9 months in jail, mandatory IID for 6 months, and a longer license revocation. The enhancement applies to all offense levels.
After a DUI arrest in Florida, you have exactly 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you don't request the hearing within 10 days, your license will be automatically suspended. Your temporary driving permit is only valid for 10 days after arrest.
After a DUI conviction in Florida, you must file an FR-44 certificate of insurance, which requires bodily injury liability coverage of $100,000/$300,000 and property damage coverage of $50,000 — significantly higher than standard minimums. This is more expensive than the SR-22 required in most other states and must be maintained for 3 years.
A DUI conviction stays on your Florida driving record for 75 years — effectively permanently. On your criminal record, it stays permanently unless the case was dismissed or you were acquitted, in which case you may be eligible for expungement. Florida does not allow expungement of DUI convictions. A DUI conviction within 5 years of a prior DUI triggers enhanced second-offense penalties.
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