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DUI Penalties in Florida

Why know the penalties for DUI? So you know why you must fight your DUI. If you don't fight your DUI, at a minimum you will:

  • Lose your driver license,
  • Serve 12 months of probation,
  • Pay a substantial fine,
  • Pay increased insurance premiums, and
  • Be adjudicated guilty, which means a permanent criminal record!

DUI Penalty Charts

Below are DUI penalty charts for the most common DUI offenses.

DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense.

In addition to the criminal penalties for DUI, you are also subject to administrative penalties by the Department of Highway Safety and Motor Vehicles, and to financial and personal collateral consequences.

The following information may not contain all possible penalties for DUI offenses. Given the frequent legislative changes concerning DUI law, visitors are urged not to rely solely on these charts.

The most current DUI penalties can be found in Section 316.193, Florida Statutes. You should contact Orlando DUI Lawyer Richard Hornsby concerning your case.

First Time DUI Penalties
  Minimum Penalty Maximum Penalty
Fine * $500 $1,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle $1,000 $2,000
Probation One Year
Jail Time * Day of Arrest Six Months
Enhanced Penalty if your BAC was greater than .15 or a minor was in vehicle Day of Arrest Nine Months
License Suspension 180 Days One Year
Impoundment of Vehicle Mandatory Ten Day Period
Ignition Interlock Device None Six Months
Other Penalties
  • 50 hours of community service.
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.
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Second DUI Conviction within Five Years of First Conviction
  Minimum Penalty Maximum Penalty
Fine * $1,000 $2,000
* If BAC >= .15; Or a minor was in vehicle $2,000 $4,000
Probation One Year
Jail Time * Ten Days Nine Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle Ten Days Twelve Months
License Suspension Five Years
Impoundment 10 Days; 30 Days if Second DUI Within Three years
Ignition Interlock Device For a Minimum of One Year
Other Penalties
  • Completion of DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.
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Second DUI Conviction Outside Five Years of First Conviction
  Minimum Penalty Maximum Penalty
Fine * $1,000 $2,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle $2,000 $4,000
Probation One Year
Jail Time * Day of Arrest Nine Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle Day of Arrest Twelve Months
License Suspension Six Months One Year
Impoundment Mandatory Ten Day Period
Ignition Interlock Device For a Minimum of One Year
Other Penalties
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.
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Third DUI Within Ten Years of First DUI Conviction
  Minimum Penalty Maximum Penalty
Fine * $1,000 $5,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle $4,000 $5,000
Probation One Year
Jail Time * 30 Days Twelve Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle 30 Days Twelve Months
License Suspension Ten Years
Impoundment 10 Days or 90 Days if Third DUI Within 5 Years
Ignition Interlock Device Minimum of Two Years
Other Penalties
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.
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Fourth DUI Charged as a Misdemeanor
  Minimum Penalty Maximum Penalty
Fine * $1,000 $2,500
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle $2,000 $5,000
Probation One Year
Jail Time * Day of Arrest Twelve Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle Day of Arrest Twelve Months
License Suspension Permanent Revocation
Impoundment Mandatory Ten Day Period
Ignition Interlock Device At Least Two Years
Other Penalties
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.
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Fourth DUI Charged as a Felony
  Minimum Penalty Maximum Penalty
Fine * $1,000 $5,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle $1,000 $5,000
Probation One Year Five Years
Jail Time * Day of Arrest Five Years
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle Day of Arrest Five Years
License Suspension Permanent Revocation
Impoundment Mandatory Ten Day Period
Ignition Interlock Device At Least Two Years
Other Penalties
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.
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Contact DUI Defense Attorney Richard Hornsby

Contact DUI Defense Attorney Richard Hornsby for the DUI defense representation you deserve. The initial consultation is free and I am always available to advise you on the proper course of action to take.