DUI in Florida: Penalties, License Suspension & What to Expect

How Florida defines DUI

The offense is set out in section 316.193, Florida Statutes. A person is guilty of driving under the influence if they are driving, or in actual physical control of, a vehicle in Florida and any one of the following is true:

• they are under the influence of alcohol, a listed chemical substance, or a controlled substance to the extent that their normal faculties are impaired;
• their blood-alcohol level is 0.08 or more grams of alcohol per 100 milliliters of blood; or
• their breath-alcohol level is 0.08 or more grams of alcohol per 210 liters of breath.

“Actual physical control” is broader than driving. A person can be found to be in control of a vehicle that is not moving. Whether that applies depends on the specific facts.

Two tracks: the license case and the criminal case

People are often surprised that a DUI arrest affects the driver license before any court date. That is because Florida runs two separate processes.

The administrative suspension

Under section 322.2615, Florida Statutes, when a driver has an unlawful alcohol level or refuses a test, the officer takes the license and issues a notice of suspension. The suspension periods in that section are:

• Unlawful alcohol level (0.08 or higher): 6 months, or 1 year if the person’s license was previously suspended under the same section.
• Refusal to submit to a test: 1 year for a first refusal, or 18 months if the license was previously suspended for a refusal.

The notice acts as a temporary permit that expires at midnight on the 10th day after it is issued. Within those 10 days the driver may ask FLHSMV for a formal or informal review of the suspension, or ask for a review of eligibility for a restricted license.

The criminal case

The criminal charge is prosecuted by the State Attorney’s Office and follows the same path as other criminal cases: first appearance, arraignment, discovery, pretrial hearings, and then a plea, trial, or dismissal. Our guide to how the Florida criminal court process works explains each stage.

Penalties for a DUI conviction

These figures come from section 316.193, Florida Statutes and, for the license revocation, section 322.28, Florida Statutes. They are the ranges the statutes set, not a prediction of the sentence in any case.

Conviction	Fine	Jail or prison	License revocation
First	$500 to $1,000	Up to 6 months	At least 180 days, up to 1 year
Second	$1,000 to $2,000	Up to 9 months; at least 10 days if within 5 years of the prior conviction	At least 5 years if within 5 years of the prior conviction
Third, within 10 years of a prior conviction (third-degree felony)	Up to $5,000	Up to 5 years in prison; at least 30 days in jail	At least 10 years
Third, more than 10 years after the prior conviction	$2,000 to $5,000	Up to 12 months	Depends on the driving record (s. 322.28)
Fourth or later (third-degree felony)	At least $2,000	Up to 5 years in prison	Permanent

A first conviction also carries probation, at least 50 hours of community service, and impoundment or immobilization of the vehicle for 10 days. The impoundment period is 30 days for a second conviction within five years and 90 days for a third within ten years. An ignition interlock device is required for at least one year after a second conviction and at least two years after a third.

Higher alcohol level or a child in the vehicle

If the alcohol level was 0.15 or higher, or a passenger under 18 was in the vehicle, the ranges go up. For a first conviction the fine is $1,000 to $2,000 and the maximum jail term is nine months, and an ignition interlock device is required for at least six continuous months. For a second conviction the fine is $2,000 to $4,000 and the maximum is 12 months.

Crashes, injuries, and deaths

• Damage to property or injury to another person: first-degree misdemeanor.
• Serious bodily injury: third-degree felony.
• Death (DUI manslaughter): second-degree felony with a mandatory minimum of four years in prison. It is a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid. A 2025 amendment (chapter 2025-121, Laws of Florida) also raises it to a first-degree felony for a person with a prior conviction for DUI manslaughter or certain similar offenses.

The general maximums for each degree are in our Florida offense level reference.

Refusing a breath, urine, or blood test

Florida’s implied consent law, section 316.1932, Florida Statutes, provides that anyone who drives in the state is deemed to have consented to an approved breath or urine test after a lawful DUI arrest, and to a blood test in certain circumstances. A refusal has three consequences:

• the administrative suspension described above (one year, or 18 months for a repeat refusal);
• the refusal can be used as evidence in the criminal case; and
• the refusal itself can be charged as a crime under section 316.1939, Florida Statutes. Since October 1, 2025, a first refusal is a second-degree misdemeanor. A refusal by someone whose license was previously suspended for refusing is a first-degree misdemeanor.

Restricted (“hardship”) licenses

Some drivers can apply for a license restricted to business or employment purposes during a suspension or revocation. The rules are in section 322.271, Florida Statutes, and eligibility depends on the type of suspension and the person’s driving record. FLHSMV, not the criminal court, decides these applications. See our glossary entry on the hardship license.

What happens next

1. Within 10 days of the arrest: the deadline to request a review of the administrative suspension.
2. First appearance: if the person is still in custody, a judge reviews the arrest and sets conditions of release, generally within 24 hours. See what happens after an arrest in Florida.
3. Arraignment: the charge is formally read and a plea is entered.
4. Pretrial: evidence is exchanged, motions are heard, and the case is resolved by plea, trial, or dismissal.

Common questions

Is a first DUI a felony in Florida?

Not by itself. A first DUI is punished as a misdemeanor-level offense unless it involved serious bodily injury or a death, which are felonies.

Can a DUI conviction be sealed or expunged?

No. Section 316.656, Florida Statutes, requires courts to adjudicate guilt in DUI cases, and a record with an adjudication of guilt does not qualify for court-ordered sealing or expunction. Our guide to sealing or expunging a Florida criminal record covers the general rules.

Can a DUI charge be reduced to reckless driving?

Prosecutors sometimes amend a charge, but that is a decision for the State Attorney and the court, and Section 316.656, Florida Statutes, restricts it when a breath or blood test showed 0.15 or more. No website can tell you whether it is possible in a particular case. Our comparison tables show how the two offenses differ.

Does the 10-day deadline apply if I refused the test?

Yes. The 10-day review period in section 322.2615, Florida Statutes applies to suspensions for a refusal as well as for an unlawful alcohol level.

When to speak with an attorney

Because the administrative deadline is short and the criminal case has consequences for a license, insurance, employment, and a criminal record, many people speak with a licensed Florida attorney within days of a DUI arrest. A person who cannot afford a lawyer can ask the court to appoint the public defender. Our attorney consultation checklist can help you organize questions and documents first.