FLORIDA DUI PENALTIES

FLORIDA DUI PENALTIES

FLORIDA DUI PENALTIES

The penalties for DUI are constantly changing and always become more severe. Below we have provided, both in chart form and in text, an explanation of the DUI penalty scheme. While we try to keep these pages updated, the information is provided only as a guideline and for a proper evaluation of your risk, you should speak with an experienced Orlando DUI defense attorney about your particular situation.

First DUI Conviction Blow under .15

Max Jail Time
6 months
DL Suspension
6 months minimum 1 year maximum
Hardship License
After DUI school
Community Service
50 hours
Probation
Up to one year
Fines
$500-$1000
Vehicle Impoundment
10 days
DUI School
Mandatory

 

First DUI Conviction Blow .15 or higher or with minor in car

Max Jail Time
9 months
DL Suspension
6 months minimum 1 year maximum
Hardship License
After DUI school
Community Service
50 hours
Probation
Up to one year
Fines
$1000-$2000
Vehicle Impoundment
10 days
DUI School
Mandatory

 

Second DUI Conviction w/5 years of First Blow under .15

Max Jail Time
9 months
DL Suspension
5 years mandatory
Hardship License
After DUI school
Community Service
50 hours
Probation
Up to one year
Fines
$1000-$2000
Vehicle Impoundment
30 days
DUI School
Mandatory

 

Second DUI Conviction w/5 years of First Blow .15 or higher or with minor in car

Max Jail Time
9 months
Mandatory Jail Time
10 Days
DL Suspension
After 5 school
Community Service
50 hours
Probation
Up to one year
Fines
$1000-$2000
Vehicle Impoundment
30 days
DUI School
Mandatory

 

Second DUI Conviction w/5 years of First Blow .15 or higher or with minor in car

Max Jail Time
12 months
Mandatory Jail Time
10 Days
DL Suspension

5 years mandatory

Community Service
None
Probation
Up to one year
Fines
$1000-$2000
Vehicle Impoundment
30 days
DUI School
Mandatory

 

Third DUI Conviction w/5 years of First Blow under .15

Max Jail Time
12 months
Mandatory Jail Time
30 Days
DL Suspension
10 years mandatory
Community Service
None
Probation
Up to one year
Fines
$1000-$2000
Vehicle Impoundment
30 days
DUI School
Mandatory

 

Third DUI Conviction w/5 years of First Blow .15 or higher or with minor in car

Max Jail Time
12 months
Mandatory Jail Time
30 Days
DL Suspension
10 years mandatory
Community Service
None
Probation
Up to one year
Fines
$1000-$2000
Vehicle Impoundment
30 days
DUI School
Mandatory

 

DUI Penalties in Florida

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
Fine Schedule 316.193(2)(a)-(b), F.S.

  • First Conviction: Not less than $250, or more than $500. With a Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
  • Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
    Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
  • Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
  • Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Community Service – 316.193 (6)(a), F.S.

  • First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation – 316.193 (5)(6), F.S.

  • First Conviction: total period of probation and incarceration may not exceed 1 year.

Imprisonment- 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

  • First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
  • Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
  • Fourth or Subsequent Conviction: Not more than 5 years or as provided in 775.084 as habitual/violent offender.

Impoundment of Immobilization of Vehicle – 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Conditions for Release of Persons Arrested for DUI-316.193 (9), F.S.

  • The person is no longer under the influence and;
  • The person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.


This is a complicated area of the law and the consequences are serious. Call one of our two locations at (407) 831-1956 or (352) 742-9090, for a prompt and free consultation with an experienced Central Florida criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.