DUI in Florida: Offense & Penalties
July 14, 2026
The state of Florida has some of the strictest DUI laws in the country. A Florida DUI conviction cannot be wiped or sealed from your record. It will be recorded on your record for the next 75 years. The judge has the authority to inflict a wide range of Florida DUI Penalties. Read on to learn about a DUI in Florida.
How Common Are DUI Arrests in Florida?
The National Highway Traffic Safety Administration reports that DUI arrest odds are surprisingly high. Statistically, about 1 in every 135 people is arrested for DUI each year. This sobering figure highlights how seriously Florida police treat impaired driving and how common it is.
DUI in Florida
Driving under the influence (DUI) is a criminal offense in Florida. Impairment of “normal faculties” or a breath alcohol level of 0.08 or greater establishes the charge. The offense and penalty for a DUI in Florida depend on the number of convictions.
First Conviction
If this is your first conviction, you will face a fine of between $500 and $2,000. When your blood alcohol concentration is .15 or above, or if you are driving with a minor in the vehicle, you will face a fine of between $1,000 and $2,000. For a first conviction, you must do 50 hours of community service. Alternatively, you can pay an extra $10 per hour for compulsory community service. For first offenses, the combined duration of probation and incarceration will not exceed one year.
Imprisonment is at the discretion of the judge. Sentence terms may be served in a residential alcohol or drug abuse treatment facility. The time served may be applied toward the term of incarceration. You can receive up to 180 days in jail for your first conviction. If your blood alcohol concentration is .15 or above, or if there was a minor in the vehicle, you face a maximum of 9 months in jail.
Second Conviction
A second DUI within five years carries mandatory jail, a five-year license suspension, and a 30-day vehicle impound. A judge can sentence you to up to 12 months in jail. The judge can also fine you $2,000 to $4,000 for a second violation involving a juvenile passenger or a BAC of .15 or higher. These are just a few of the penalties if convicted of a DUI.
Third Conviction
Within ten years after a previous offense, a third violation is a felony punishable by 30 days to five years in prison, a 90-day car impoundment, and a ten-year driver’s license suspension. The fine would be at least $4,000 if the motorist had a minor passenger or a BAC of .15 or above.
All offenders must enroll in a substance addiction course and monthly reporting probation. The judge can also impose sobriety and drug testing requirements. Probation violations and driver’s license revocation can occur if these conditions are not met.
A fourth or subsequent DUI, regardless of when the previous ones occurred, is a felony. DUIs that cause serious bodily injury or death to another person are also classified as felonies. For more information, visit State of Florida DUI Information.
Reinstatement of License after the First DUI in Florida
Applying for a Hardship License
If you are seeking to reinstate your license following a first DUI conviction and you have a 180-day to one-year revocation period effective from the date of the conviction, you may apply for a hardship license in your county prior to the expiration of this revocation period. DUI school and treatment may be referred and are mandatory. Following completion, you may apply for a hardship license at your local administrative review office.
DUI School & Treatment Requirements
Waiting until revocation ends means you must prove DUI school enrollment or completion before reinstating. Failing to finish the course within 90 days of reinstatement triggers license suspension.
Fees and Examination
When you apply for reinstatement of hardship or full license privileges, you must pass an examination and pay administrative costs. There is also an additional reinstatement fee. Anyone convicted of a DUI must provide proof of injury liability insurance on the date of the offense or provide proof of liability coverage and pay a reinstatement fee of $150 to $500 for subsequent violations.
Required Bodily Injury Liability Insurance
In addition, for any DUI conviction occurring after October 1, 2007, you are required to show proof of bodily injury liability insurance in the amount of $100,000 per person, $300,000 per occurrence, and $50,000 for property damage liability at the time of your arrest. If you cannot provide this proof for the date of the offense, you will need to demonstrate current liability coverage and pay the applicable reinstatement fee, which increases with each subsequent violation.
Keep in mind that reinstatement of a license after a second, third, fourth, or subsequent DUI conviction may be treated differently.
Do You Need Legal Representation When Arrested For A DUI?
There may be various reasons why you wish to retain the services of an attorney. Hire an attorney if you were wrongly charged or face extra charges like reckless endangerment.
You should hire a lawyer quickly; you only have ten days to file for hardship privileges. This is critical if you wish to avoid a negative impact on your job or income from a suspended license. Consequently, you may contest the license suspension at this court hearing. If, however, you do not request a court hearing within ten days of your arrest, your license may be suspended for six to eighteen months.
Our experienced DUI attorneys help you navigate the law and make the best decisions. Having a top-rated DUI lawyer on your side is critical to explore your options and organize a strategy. If you have been charged or know someone who has, get the Legal Eagles attorneys to fight for you.
Florida DUI FAQs
An FR-44 is a financial responsibility certificate required for drivers in Florida who have been convicted of a DUI, with significantly higher liability limits.
Under Florida Statute § 324.023, anyone convicted of a DUI must submit an FR-44 form proving they carry bodily injury liability limits of $100,000 per person, $300,000 per accident, and $50,000 for property damage. This requirement must be maintained continuously for three consecutive years. A single lapse in coverage will trigger an immediate driver’s license suspension and restart the three-year clock.
An SR-22 is used for non-alcohol-related traffic offenses (such as driving without insurance) and only requires Florida’s minimum state coverage.
Yes. In Florida, you can be arrested and convicted of a DUI even if your vehicle is parked and the engine is off, under the legal standard of being in “Actual Physical Control” (APC) of the vehicle.
According to Florida Statute § 316.193, a person is guilty of DUI if they are “driving or in actual physical control” of a vehicle while impaired. Courts determine actual physical control by looking at whether you had the physical capability to start and operate the vehicle. Key factors include sitting in the driver’s seat, having physical possession of the keys (even in your pocket or on the dashboard), or sleeping in a parked car with the keys nearby.
Florida enforces a strict “Zero Tolerance” policy for drivers under 21, meaning a Blood Alcohol Concentration (BAC) of 0.02% or higher triggers an automatic six-month administrative license suspension for a first offense.
Under Florida Statute § 322.2616, if an underage driver is stopped and registers a BAC of 0.02% or higher, their license is suspended immediately for 6 months (first offense) or 1 year (subsequent offense). If the underage driver refuses to blow into a breathalyzer, their license is suspended for one year (first refusal) or 18 months (subsequent refusal). If the underage driver’s BAC is 0.08% or higher, they can also be fully prosecuted under adult criminal law, facing jail time, heavy fines, and a permanent criminal record.