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Florida DUI Laws & Penalties

This page sets out Florida DUI laws section by section. The statute calls drunk driving “dui”. A first offense carries up to 6 months in jail and a fine of $500 to $1,000.

Checked October 31, 2026 against the Florida Legislature, Online Sunshine (Florida Statutes)

Florida DUI laws: penalty chart by offense

Florida DUI penalties
OffenseClassificationJailFineLicense
1st Not named in the statute up to 6 months $500 to $1,000
s. 316.193(2)(a)1.a., F.S., s. 316.193(2)(a)2.a., F.S., s. 316.193(6)(a), F.S.
“Not less than $500 or more than $1,000 for a first conviction.”
“Not more than 6 months for a first conviction.”
“For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours.”
“order the impoundment or immobilization of the vehicle ... for a period of 10 days”
 at least 180 days but not more than 1 year (revocation)
s. 322.28(2)(a)1., F.S.
“Upon a first conviction for a violation of the provisions of s. 316.193 , except a violation resulting in death, the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year.”
2nd Not named in the statute 10 days (only if the offense occurs within 5 years after a prior conviction; at least 48 hours consecutive) to 9 months $1,000 to $2,000
s. 316.193(2)(a)1.b., F.S., s. 316.193(2)(a)2.b., F.S., s. 316.193(6)(b), F.S.
“Not less than $1,000 or more than $2,000 for a second conviction”
“Not more than 9 months for a second conviction.”
“For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days.”
“At least 48 hours of confinement must be consecutive.”
 at least 5 years (if within 5 years of prior conviction)
s. 322.28(2)(a)2., F.S.
“Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 5 years.”
3rd Felony of the third degree (if within 10 years of a prior conviction) 30 days (within 10 years; at least 48 hours consecutive) to 5 years up to $5,000
s. 316.193(2)(b)1., F.S., s. 316.193(6)(c), F.S., s. 775.082(3)(e), F.S., s. 775.083(1)(c), F.S.
“Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082 , s. 775.083 , or s. 775.084 .”
“For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days.”
“For a felony of the third degree, by a term of imprisonment not exceeding 5 years.”
“$5,000, when the conviction is of a felony of the third degree.”
 at least 10 years (if within 10 years of prior conviction); permanent after 4 convictions
s. 322.28(2)(a)3., (2)(d), F.S.
“Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 10 years.”
“The court shall permanently revoke the driver license or driving privilege of a person who has been convicted four times for violation of s. 316.193”

Higher penalties and special cases

BAC of 0.15 or more, or a passenger under 18
1st: $1,000-$2,000 fine, up to 9 months; 2nd: $2,000-$4,000, up to 12 months; 3rd+: fine not less than $4,000; interlock 6 continuous months (1st) / 2 continuous years (2nd)
s. 316.193(4)(a)-(c), F.S.
“or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:”
“Not less than $1,000 or more than $2,000 for a first conviction. 2. Not less than $2,000 or more than $4,000 for a second conviction. 3. Not less than $4,000 for a third or subsequent conviction.”
“Not more than 9 months for a first conviction. 2. Not more than 12 months for a second conviction.”
“for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a second offense”
Damage to property or a person
misdemeanor of the first degree
s. 316.193(3)(c)1., F.S.
“Damage to the property or person of another commits a misdemeanor of the first degree”
Serious bodily injury
felony of the third degree
s. 316.193(3)(c)2., F.S.
“Serious bodily injury to another, as defined in s. 316.1933 , commits a felony of the third degree”
DUI manslaughter
Felony of the second degree (first degree if the driver leaves the scene), with at least 4 years in prison
s. 316.193(3)(c)3., F.S.
“A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”

Refusing a breath or blood test

First refusal
1 year
With an earlier record
18 months (driving privilege previously suspended for a refusal)
s. 322.2615(1)(b)1.a., F.S.; s. 316.1932(1)(a)1.a., F.S.
“his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test”
“and shall also be told that if he or she refuses to submit to a lawful test of his or her breath, he or she commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083”

Ignition interlock in Florida

1st (0.08+): may, at least 6 continuous months; 1st with 0.15+ or minor under 18 in vehicle: shall, at least 6 continuous months (2 continuous years for 2nd); 2nd: at least 1 continuous year; 3rd (within or beyond 10 years): at least 2 continuous years; 4th+: at least 5 years

s. 322.2715(3)(a)-(f), F.S.; s. 316.193(2)(a)3., (2)(b)1.-2., (2)(c), (4)(c), F.S.
“the ignition interlock device may be installed for at least 6 continuous months.”
“the person shall have the ignition interlock device installed for at least 6 continuous months for the first offense and for at least 2 continuous years for a second offense.”
“A second offense of driving under the influence, the ignition interlock device shall be installed for a period of at least 1 continuous year.”
“A third offense of driving under the influence which occurs within 10 years after a prior conviction for a violation of s. 316.193 , the ignition interlock device shall be installed for a period of at least 2 continuous years.”
“A third offense of driving under the influence which occurs more than 10 years after the date of a prior conviction, the ignition interlock device shall be installed for a period of at least 2 continuous years.”
“A fourth or subsequent offense of driving under the influence, the ignition interlock device shall be installed for a period of at least 5 years.”

How earlier offenses count

2nd offense: 5 years (mandatory 10 days jail; revocation at least 5 years). 3rd offense: 10 years (felony of the third degree; 30 days mandatory jail; revocation at least 10 years). 4th+: no window ("regardless of when"). Measured from the date of a prior conviction to the new offense.

s. 316.193(2)(b)1.-3., (6)(b)-(c), F.S.; s. 322.28(2)(a)2.-3., F.S.
“for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section”
“for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree”
“for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section”
“regardless of when any prior conviction for a violation of this section occurred”

Driving to work after a DUI: driving privilege restricted to business purposes only, or to employment purposes only ("hardship" license)

Showing hardship
At a department hearing the person must show serious hardship that prevents carrying out their business/occupation and that driving is necessary to support self or family
s. 322.271(2), F.S.
“may show that such suspension, cancellation, or revocation causes a serious hardship and precludes the person from carrying out his or her normal business occupation, trade, or employment and that the use of the person's license in the normal course of his or her business is necessary to the proper support of the person or his or her family.”
DUI school
Not granted after a s. 316.193 conviction until the DUI program substance abuse education course and evaluation is completed
s. 322.271(2)(a), F.S.
“The privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person who has been convicted of a violation of s. 316.193 until completion of the DUI program substance abuse education course and evaluations as provided in s. 316.193 (5).”
Two or more convictions
Not granted to a person revoked under s. 322.28 / suspended under s. 322.2615 with two or more s. 316.193 convictions or two or more refusal suspensions, except as provided in s. 322.271(2)(c)
s. 322.271(2)(a), F.S.
“Except as provided in paragraph (c), the privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person whose license is revoked pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and who has been convicted of a violation of s. 316.193 two or more times or whose license has been suspended two or more times for refusal to submit to a test pursuant to s. 322.2615 or former s. 322.261 .”
Waiting period
Revocation of 5 years or less under s. 322.28(2)(a): may petition 12 months after revocation; more than 5 years: 24 months; business/employment purposes only; must not have driven and be drug free for 12 months; DUI program supervision at least 3 times a year for the rest of the revocation
s. 322.271(2)(c), F.S.
“A person whose license has been revoked for a period of 5 years or less pursuant to s. 322.28 (2)(a) may, 12 months after the date the revocation was imposed, petition the department for reinstatement of his or her driving privilege on a restricted basis.”
“A person whose license has been revoked for more than 5 years under s. 322.28 (2)(a) may, 24 months after the date the revocation was imposed, petition the department for reinstatement of his or her driving privilege on a restricted basis.”
“Reinstatement under this subsection is restricted to business or employment purposes only.”
“to have not driven and to have been drug free for at least 12 months immediately before the reinstatement, to be supervised by a DUI program licensed by the department, and to report to the program at least three times a year”
After DUI manslaughter
DUI manslaughter with no prior DUI-related convictions: may petition 5 years after revocation or end of incarceration (whichever later); 5 years no drug arrest, no unlicensed driving, drug free, DUI program completed; restricted to employment for at least 1 year; DUI program supervision
s. 322.271(4), (4)(a)-(b), F.S.
“a person whose driving privilege has been permanently revoked because he or she has been convicted of DUI manslaughter in violation of s. 316.193 and has no prior convictions for DUI-related offenses may, upon the expiration of 5 years after the date of such revocation or the expiration of 5 years after the termination of any term of incarceration”
“The license must be restricted for employment purposes for at least 1 year”
After four convictions
Permanent revocation for 4+ convictions: may petition 5 years after the last conviction or end of incarceration (whichever later); same 5-year conditions; restricted to employment for at least 1 year; DUI program supervision
s. 322.271(5), (5)(a)-(b), F.S.
“a person whose driving privilege has been permanently revoked because he or she has been convicted four or more times of violating s. 316.193 or former s. 316.1931 may, upon the expiration of 5 years after the date of the last conviction”
“The petitioner's license must be restricted for employment purposes for at least 1 year”
After an administrative suspension
Administrative suspension (s. 322.2615): refusal; eligible for business/employment license only 90 days after the last temporary permit expires; 0.08+; after 30 days; first-time (no prior 322.2615 suspension, 322.64 disqualification or s. 316.193 conviction) eligible, business purposes only, accepting it waives formal/informal review
s. 322.2615(10)(a)-(b), F.S.; s. 322.271(7), (7)(b)-(c), F.S.
“the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271 , until 90 days have elapsed after the expiration of the last temporary permit issued”
“the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued”
“a person who has never previously had a driver license suspended under s. 322.2615 , has never been disqualified under s. 322.64 , has never been convicted of a violation of s. 316.193 , and whose driving privilege is now suspended under s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under subsection (2).”
“The reinstatement shall be restricted to business purposes only, as defined in this section, for the duration of the suspension imposed under s. 322.2615 .”
“Acceptance of the reinstated driving privilege as provided in this subsection is deemed a waiver of the right to formal and informal review under s. 322.2615 .”
Ignition interlock
Department may require an ignition interlock device when reinstating
s. 322.271(2)(e), F.S.
“The department, based upon review of the licensee's application for reinstatement, may require use of an ignition interlock device pursuant to s. 322.2715 .”
Hearing waiver
Department may waive the hearing if enrolled in/completed DUI school, but not for death/serious bodily injury, multiple s. 316.193 convictions under s. 322.27(5), or a second suspension/revocation under the same provision
s. 322.271(2)(b), F.S.
“The department may waive the hearing process for suspensions and revocations upon request by the driver”
“the department may not waive the hearing for suspensions or revocations that involve death or serious bodily injury, multiple convictions for violations of s. 316.193 pursuant to s. 322.27 (5), or a second or subsequent suspension or revocation pursuant to the same provision of this chapter.”
Commercial vehicles
No commercial driver license while disqualified or while the privilege is suspended/revoked/canceled
s. 322.271(6), F.S.
“A person may not be issued a commercial driver license during a period in which such person is disqualified from operating commercial motor vehicles or in which the driving privilege of such person is suspended, revoked, or canceled.”
Out-of-state convictions
Out-of-state DUI/DWI convictions count as prior s. 316.193 convictions for this section
s. 322.271(2)(d), F.S.
“a previous conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related offense outside this state”

Recent changes to Florida DUI law

The sections cited on this page were amended by the laws below. Where the official text does not say what an amendment changed, we list the citation only.

s. 316.193, F.S.
s. 2, ch. 2025-121, effective October 1, 2025. Added (3)(c)3.c.: DUI manslaughter is a first-degree felony if the person has a prior conviction for DUI manslaughter, BUI manslaughter (s. 327.35(3)(c)3.), vehicular homicide (s. 782.071) or vessel homicide (s. 782.072).
s. 316.193, F.S.
s. 22, ch. 2026-14, effective 60th day after sine die adjournment of the session in which enacted (act approved March 30, 2026). Technical change: the BUI manslaughter cross-reference in (3)(c)3.c. was updated from s. 327.35(3)(c)3. to s. 327.35(3)(a)3.c. to follow the renumbering of s. 327.35(3) by ch. 2025-197.
s. 316.1932, F.S.
s. 3, ch. 2025-121, effective October 1, 2025. The implied-consent warnings for breath and urine tests now say any refusal is a second-degree misdemeanor, or a first-degree misdemeanor if the license was previously suspended or the person was previously fined for a prior refusal. Before, the warning only covered refusals by people with such a prior suspension or fine.
s. 322.2615, F.S.
s. 39, ch. 2026-39, effective October 1, 2026. Mostly procedural: in (3) the notice under s. 322.251 is now "provided" where it used to say "mailed", and in (5) the review decision may also be e-mailed to the e-mail address furnished to the department.
s. 322.2616, F.S.
s. 40, ch. 2026-39, effective October 1, 2026. Technical change in (4): "shall" became "must", and the notice under s. 322.251 is now "provided" where it used to say "mailed".
s. 322.271, F.S.
s. 10, ch. 2025-125, effective July 1, 2026. Added to (1)(b): if a person whose license was revoked under s. 322.27(5) gets a restricted business or employment license and violates its conditions, that license must be revoked and the person cannot get any driving privilege for the rest of the 5-year period after the initial revocation.

Sources

Every figure above is quoted from the Florida Legislature, Online Sunshine (Florida Statutes), read on October 31, 2026. Sections cited: s. 316.193(2)(a)1.a., F.S.; s. 316.193(2)(a)2.a., F.S.; s. 316.193(6)(a), F.S.; s. 322.28(2)(a)1., F.S.; s. 316.193(2)(a)1.b., F.S.; s. 316.193(2)(a)2.b., F.S.; s. 316.193(6)(b), F.S.; s. 322.28(2)(a)2., F.S.; s. 316.193(2)(b)1., F.S.; s. 316.193(6)(c), F.S.; s. 775.082(3)(e), F.S.; s. 775.083(1)(c), F.S.; s. 322.28(2)(a)3., (2)(d), F.S.; s. 316.193(1)(b)-(c), F.S.; s. 316.193(4), F.S.; s. 322.2616(1)(a), F.S.; s. 322.62(1), (2)(b), F.S.; s. 316.193(4)(a)-(c), F.S.; s. 316.193(3)(c)1., F.S.; s. 316.193(3)(c)2., F.S.; s. 316.193(3)(c)3., F.S.; s. 322.2615(1)(b)1.a., F.S.; s. 316.1932(1)(a)1.a., F.S.; s. 322.2715(3)(a)-(f), F.S.; s. 316.193(2)(a)3., (2)(b)1.-2., (2)(c), (4)(c), F.S.; s. 316.193(2)(b)1.-3., (6)(b)-(c), F.S.; s. 322.28(2)(a)2.-3., F.S..

This page is legal information. For advice on your own case, speak to a lawyer licensed in Florida. Courts apply these sections to the facts of each case, and the law can change after the date above.