What Are the Penalties & Fines for DUI Convictions in Florida? (With Chart)

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In Florida, driving under the influence (DUI) penalties include incarceration, fines, the requirement to install an ignition interlock device (IID) on a vehicle, and a period of driver’s license revocation. Florida increases the penalties and fines with each DUI. This is particularly true when a second and third DUI occur close in time. According to Florida Statutes Motor Vehicles, Section 316.193, penalties and fines for a DUI further increase if a DUI involves bodily injury or property damage like a hit-and-run accident.

Penalties and Fines for Florida DUIs

First DUI

Second DUI

Third DUI

Fourth or subsequent DUI

Jail Time

Six months maximum

Nine months maximum

30 days minimum to 12 months maximum if charged as a misdemeanor, up to five years if charged as a third degree felony  

Not more than five years

Fines

Between $500 and $1,000

Between $1,000 and $2,000

Between $2,000 and $5,000

Not less than $2,000

Ignition Interlock Device

If court ordered or up to six months if BAL 0.15 percent or more or a minor in the vehicle

One year minimum, two-year minimum if BAL 0.15 percent or more or a minor in the vehicle

At least two years

At least five years

Driver's license privileges lost

Revocation of 180 days to one year

Minimum five years revocation, eligible for hardship reinstatement after one year

Minimum 10 years revocation, eligible for hardship reinstatement after two years

Permanent revocation, eligible for hardship reinstatement after five years if no prior DUI-related convictions

Probation

One year maximum

One year maximum

One year maximum if charged as a misdemeanor, between one and five years if charged as a third degree felony

One year maximum if charged as a misdemeanor, between one and five years if charged as a third degree felony

Florida Department of Highway Safety and Motor Vehicles, Florida DUI and Administrative Suspension Laws (https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws)

Penalties for a First Florida DUI

The penalties for a first-time Florida DUI are incarceration for not more than six months, a fine between $500 and $1,000, driver’s license revocation of between 180 days to one year and the requirement to install an IID for up to six months. A defendant may also be required to serve unsupervised probation for up to one year, complete hours of community service, finish a Level I Florida Department of Highway Safety and Motor Vehicle-approved DUI school, undergo a substance abuse evaluation and complete any recommended treatment.

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), first DUI penalties are increased to nine months maximum incarceration and a fine between $1,000 and $2,000 if the defendant’s blood or breath alcohol level (BAL) was 0.15 percent or higher, or there was a minor in the vehicle. The court has discretion to sentence a defendant to confinement in a residential alcohol or drug abuse treatment program, with time spent in the program credited toward the term of imprisonment.

Penalties for a Second Florida DUI

The penalties for a second Florida DUI are incarceration for not more than nine months, a fine between $1,000 and $2,000, driver’s license revocation of up to five years and the requirement to install an IID for a minimum of one year. A defendant may also be required to serve unsupervised probation for up to one year, complete hours of community service, finish a Level II FLHSMV-approved school, undergo a substance abuse evaluation and complete any recommended treatment.

Second DUI penalties are increased to one-year maximum incarceration, a fine of between $2,000 and $4,000, and the requirement to install an IID for a minimum of two years if the defendant’s BAL was 0.15 percent or higher, or there was a minor in the vehicle. If a defendant gets a second DUI conviction within five years of a first conviction, the court is required to sentence them to mandatory imprisonment for at least 10 days, and at least 48 hours of the confinement must be consecutive.

Penalties for a Third Florida DUI

The penalties for a third Florida DUI within 10 years of the second include mandatory imprisonment of at least 30 days, with at least 48 hours of this confinement being consecutive. The convicted individual must also pay a fine of between $2,000 and $5,000, suffer a driver’s license revocation for up to 10 years and be required to install an IID for at least two years. A defendant may also be required to serve unsupervised probation for up to one year, complete a number of hours of community service, finish a Level II FLHSMV-approved school, undergo a substance abuse evaluation and complete any recommended treatment. The fine is not less than $4,000 if the defendant’s BAL was 0.15 percent or higher, or there was a minor in the vehicle.

Under Florida law, a driver convicted of a third DUI offense within 10 years of a prior conviction can be charged with a third-degree felony. A third-degree felony is punishable by a $5,000 fine and up to five years in state prison. The maximum penalties for a third Florida DUI more than 10 years from the second are the same except for the maximum term of incarceration is one year.

Penalties for a Fourth or Subsequent Florida DUI

The penalties for a fourth or subsequent Florida DUI are incarceration for not more than five years, a fine of not less than $2,000, permanent driver’s license revocation and the requirement to install an ignition interlock device for at least five years. An IID is a requirement to get a hardship license. If the defendant’s BAL was 0.15 or higher, or there was a minor in the vehicle, the fine is not less than $4,000.

A defendant may also be required to serve unsupervised probation for up to one year, complete a number of hours of community service, finish a Level II FLHSMV-approved school, undergo a substance abuse evaluation and complete any recommended treatment. A fourth DUI can be charged as a misdemeanor or a felony.

Florida Felony DUIs

A Florida DUI can be charged as a felony when the offense qualifies as a third or subsequent DUI charge within 10 years of a prior DUI, or the offense involved injury to or death of another person. Most DUIs are categorized as third-degree felonies. Injuries and deaths that qualify a third or subsequent DUI as a felony include incidents that result in serious bodily injury, disfigurement, serious organ injury, death to an unborn child and DUI manslaughter. DUI manslaughter can be charged as a second-degree felony and carries a penalty of up to 15 years in prison, with a four-year mandatory sentence and a $10,000 fine.

Additional Florida DUI Penalties

Defendants convicted of any level of DUI offense, even a first offense, may be required to attend a Victim Impact Panel. They will have to pay the cost of restitution if they injure a person or damage property while driving under the influence. If an IID is installed on the offender’s vehicle, they will have to pay the cost of installation and fees associated with the IID. The defendant will also be required to pay administrative DUI program service fees, such as a $10 treatment verification form fee, according to the FLHSMV.

Vehicle Impoundment or Immobilization

A defendant will suffer an impoundment or immobilization of their vehicle unless their family has no other transportation. An impoundment or immobilization must last 10 days for a first DUI conviction, 30 days for a second DUI conviction within five years of a prior conviction, and 90 days for a third conviction within 10 years of a prior conviction. Impoundment or immobilization cannot occur at the same time that the defendant is incarcerated.

How IID Restriction Time Works

The required period of restriction for the placement of an ignition interlock device does not begin at the time the IID is physically installed, according to the FLHSMV. For time to count toward a restriction, the offender must have an IID “P” restriction placed on their driving record and get their license reinstated. There is a cost to reinstate a license. An offender should visit a driver’s license service center or tax collector office after having an IID installed to add the “P” restriction.

Teens and Young Adults With Florida DUIs

A driver under the age of 21 with a BAL of 0.02 percent or more is subject to the Florida law regarding zero tolerance. For a first DUI, a teen or young adult driver will suffer a driver’s license suspension for six months. For a second DUI, a teen or young adult driver will suffer a one-year suspension, according to the FLHSMV.

Florida’s Implied Consent Law

Florida’s implied consent law requires that an individual who drives on Florida’s roads submit to a chemical test if a law enforcement officer has a reasonable suspicion that the individual is drunk driving. A chemical test is a blood, breath or urine test. A driver who refuses to take the test will see an immediate driver’s license suspension. A first offense for refusal to submit to a breath, urine or blood test will result in a 12-month suspension; a second offense for such refusal will result in an 18-month suspension.