Florida DUI Penalties

Each day, drivers get behind the wheel while intoxicated. Drivers in Florida are no different. In fact, the website Responsibility.org found that in 2019, 26% of all fatal accidents on Florida roadways were connected to alcohol impairment. Additionally, of the 10,142 alcohol-related driving fatalities across the nation, 814 were in Florida.

Because of statistics like this, Florida law enforcement takes driving under the influence (DUI) extremely seriously. Whether it is someone’s first offense or not, drivers should be prepared for the following penalties if they are charged with a DUI.

Florida Law

Florida Statute 316.193 outlines the penalties associated with DUIs in the Sunshine State.

First DUI Offense

• One day to six months in jail and/or probation up to one year;
• Fines from $500-$1,000;
• License suspension for 180 days; and,
• Vehicle impoundment for 10 days.

First DUI Offense (if the driver’s BAC is higher than .015% or a minor is also in the vehicle)

• One day to nine months in jail and/or probation up to one year;
• Fines from $1,000-$2,000;
• License suspension for one year;
• Vehicle impoundment for 10 days; and,
• An Ignition Interlock Device (IID) installed for six months.

Second DUI Offense (within five years of the first offense)

• Ten days to nine months in jail and/or probation up to one year;
• Fines from $1,000-$2,000;
• License suspension for five years;
• Vehicle impoundment for 10 days (but 30 days if it is the second conviction in three years); and,
• An Ignition Interlock Device (IID) installed for at least one year.

Second DUI Offense (within five years of the first offense and if the driver’s BAC is higher than .015% or a minor is also in the vehicle)

• Ten days to twelve months in jail and/or probation up to one year;
• Fines from $2,000-$4,000;
• License suspension for five years;
• Vehicle impoundment for 10 days (but 30 days if it is the second conviction in three years); and,
• An Ignition Interlock Device (IID) installed for at least one year.

Second DUI Offense (more than five years after the first offense)

• One day to nine months in jail and/or probation up to one year;
• Fines from $1,000-$2,000;
• License suspension for six months;
• Vehicle impoundment for a mandatory 10 days
• An Ignition Interlock Device (IID) installed for at least one year.

Second DUI Offense (more than five years after the first offense and if the driver’s BAC is higher than .015% or a minor is also in the vehicle)

• One day to twelve months in jail and/or probation up to one year;
• Fines from $2,000-$4,000;
• License suspension for one year;
• Vehicle impoundment for a mandatory 10 days
• An Ignition Interlock Device (IID) installed for at least one year.

Third DUI Offense (within ten years of the first offense)

• 30 days to twelve months in jail and/or probation up to one year;
• Fines from $1,000-$5,000;
• License suspension for ten years;
• Vehicle impoundment for 10 days (but 90 days if it is the second conviction in five years); and,
• An Ignition Interlock Device (IID) installed for at least two years.

Third DUI Offense (within ten years of the first offense and if the driver’s BAC is higher than .015% or a minor is also in the vehicle)

• 30 days to twelve months in jail and/or probation up to one year;
• Fines from $4,000-$5,000;
• License suspension for ten years;
• Vehicle impoundment for 10 days (but 90 days if it is the second conviction in five years); and,
• An Ignition Interlock Device (IID) installed for at least two years.

Fourth DUI Offense or Greater (3rd Degree Felony, also includes if the driver’s BAC is higher than .015% or a minor is also in the vehicle)

• One day to five years in jail and/or probation up to one year;
• Fines from $2,000-$5,000;
• Permanent license revocation;
• Vehicle impoundment for a mandatory 10 days
• An Ignition Interlock Device (IID) installed for at least two years.

In addition to the above-listed penalties, additional consequences someone could face include community service, completion of DUI school, and submitting to a substance abuse evaluation. Florida’s Highway Safety and Motor Vehicles can also impose separate punishments and fines in addition to criminal penalties.

Don’t Let a DUI Charge Derail Your Future

As you can see, even a first-time DUI offense results in significant consequences. If you face a Florida DUI charge, the team at Magilligan Law is here. Our Florida DUI attorneys will review your case and propose the best course of action to get you the best possible result. Contact our experienced DUI lawyers to set up a consultation today. 954-866-8058