Florida DUI Law – Penalties, Fines & Sentencing
Florida DUI law defines any DUI violation resulting in property damage as a misdemeanor while violations resulting in serious injury are charged as a third-degree felony. Florida drivers convicted of DUI/DWI face license suspension, fines up to $1,000, and mandatory 50 hours of community service. Learn more about Florida DUI laws below.
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UPDATED: Dec 24, 2020
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When faced with a Florida DUI arrest and/or conviction, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Florida DUI fines and sentencing.
First Florida DUI Offense:
Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances.
Jail: Not more than 6 months. Not more than 9 months if BAC is 2.0 or higher or if a minor was in the vehicle.
Florida DUI Fines/Costs: Not less than $250 nor more than $500. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000.
Florida License Suspension: 180 days to 1 year.
Violation of Zero Tolerance Law: 1st offense: 6-month license suspension; 2nd offense: 1-year license suspension. Must complete a Traffic Law & Substance Abuse Program before any hardship reinstatement can occur.
Florida Conditional License: Yes. Must complete DUI school first.
Vehicle Impound: 10 days unless the family of the defendant has no other transportation.
Florida DUI School: 1st conviction: Must complete DUI school (12 hours) before any hardship reinstatement. If reinstated after revocation period expires, failure to complete DUI school within 90 days after reinstatement will result in license cancellation.
Florida Probation: 1 year maximum.
Florida Community Service: Mandatory 50 hours or additional fine of $10 for each hour of community service required. Court may grant community service in lieu of DUI fines if defendant is unable to pay.
Second Florida DUI Offense Plus:
Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances. A 3rd violation in 10 years is a third degree felony.
Jail: Not more than 9 months. Not more than 12 months if second conviction is within 5 years of first, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Florida DUI Fines/Costs: Not less than $500 or more than $1,000. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $1,000 or more than $2,000.
Florida License Suspension: 180 days to 1 year. Minimum 5-year revocation if second conviction is within 5 years of the first. May be eligible for hardship reinstatement after 1 year.
Vehicle Impound: 30 days if second offense is within 5 years of first. May be waived if family of the defendant has no other transportation.
Florida DUI School: 2nd conviction in 5 years: Must complete DUI school (21 hours) following conviction.
Florida Probation: 1 year.
Florida Community Service: Court may grant community service in lieu of DUI fines if defendant is unable to pay.
Commercial Vehicle: BAC limit for commercial drivers is .04 or higher, or refusal to take breath test. One-year license revocation for 1st offense. Permanent disqualification of license for 2nd offense. No hardship provisions.
Under Age: 21
Florida DUI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.
How long does a DUI stay on your record? A DUI in Florida stays on your driving record forever.
Driver Responsibility Tax: N/A.
Ignition interlock device program: 1st offense: Up to 6 months; 2nd offense: Mandatory ignition interlock device for 1 year.