Florida DUI Penalties
The penalty scheme for DUI convictions is quite complicated, so for your convenience, we have provided these charts to help you understand the possible penalties. Hiring the best DUI attorney possible can help you avoid these penalties and convictions by getting a DUI dismissed or reduced to a reckless driving.
The penalty scheme for DUI convictions is quite complicated, so for your convenience, we have provided these charts to help you understand the possible penalties. Hiring the best DUI attorney possible can help you avoid these penalties and convictions by getting a DUI dismissed or reduced to a reckless driving.
The State of Florida punishes DUI harshly; as such, there are a number of penalties a court will enforce if you are convicted of DUI. In addition, repeat DUI offenses and aggravating factors (such as the presence of minors, or damage to property) may lead to a more severe sentence.
In addition to the criminal penalties for DUI, you may be subject to administrative driver license penalties by DMV as well as financial and personal collateral consequences, including loss of a job, immigration issues or professional licensure discipline.
Table of Contents
- First DUI Conviction
- Second DUI Conviction within 5 Years of Previous DUI Conviction
- Second DUI Conviction with Previous DUI Conviction Outside of 5 Years
- Third DUI Conviction Within 10 Years of Previous DUI Conviction
- Third DUI Conviction with Previous DUI Conviction Outside of 10 Years
- Fourth Conviction Fourth DUI Charged as a Misdemeanor
- Fourth DUI Charged as a Felony
- Costs of a DUI in Orlando & Central Florida
- Other Costs of a DUI In Florida
First DUI Conviction:
| Minimum Penalty | Maximum Penalty | Comments | |
| Jail | None | Six Months | – Max. Nine months if .15 or above, or minor in vehicle- Max. Year if crash |
| Probation | Early Termination | One Year | |
| Driver’s License Suspension | Six Months | One Year | |
| Community Service | Fifty Hours | Discretionary | |
| Impoundment | Ten Days | Thirty Days | |
| Ignition Interlock | None | Six Months | – Required if .15 or above, or minor n vehicle |
| DUI Counterattack Class | Required | ||
| Victim Impact Panel | Required | ||
| Fine | $500 | $1,000 | – $1,000-$2,000 if .15 or above, or minor in vehicle |
Second DUI Conviction within 5 Years of Previous DUI Conviction:
| Minimum Penalty | Maximum Penalty | Comments | |
| Jail | Ten Days | Nine Months | – Max. Twelve months if BAC .15 or above, or minor in vehicle |
| Probation | Early Termination | One Year | |
| Driver’s License Suspension | Five Years | ||
| Community Service | None | None | |
| Impoundment | Thirty Days | ||
| Ignition Interlock | One Year | – Two Years if BAC .15 or above, or minor n vehicle | |
| DUI Counterattack Class | Required | ||
| Victim Impact Panel | Required | ||
| Fine | $1,000 | $2,000 | – $2,000-$4,000 if .15 or above, or minor in vehicle |
Second DUI Conviction with Previous DUI Conviction Outside of 5 Years:
| Minimum Penalty | Maximum Penalty | Comments | |
| Jail | None | Nine Months | – Max. Year if .15 or above, or minor in vehicle |
| Probation | Early Termination | One Year | |
| Driver’s License Suspension | Six Months | One Year | |
| Community Service | None | None | |
| Impoundment | Ten Days | Thirty Days | |
| Ignition Interlock | Year | – Two Years if .15 or above, or minor n vehicle | |
| DUI Counterattack Class | Required | ||
| Victim Impact Panel | Required | ||
| Fine | $1,000 | $2,000 | – $2,000-$4,000 if .15 or above, or minor in vehicle |
Third DUI Conviction Within 10 Years of Previous DUI Conviction:
| Minimum Penalty | Maximum Penalty | Comments | |
| Jail | Thirty Days | 5 years | – If upgraded to felony then Max. Five Years Prison |
| Probation | Early Termination | 5 years | – If upgraded to felony then Max. Five Years Five Years Probation |
| Driver’s License Suspension | Ten Years | – eligibility for hardship driver’s license after 2 years | |
| Community Service | None | None | |
| Impoundment | Ninety Days | ||
| Ignition Interlock | Two Years | ||
| DUI Counterattack Class | Required | ||
| Victim Impact Panel | Required | ||
| Fine | $2,000 | $5,000 | – $4,000-$5,000 if .15 or above, or minor in vehicle |
Third DUI Conviction with Previous DUI Conviction Outside of 10 Years:
| Minimum Penalty | Maximum Penalty | Comments | |
| Jail | None | Year | |
| Probation | Early Termination | One Year | |
| Driver’s License Suspension | Six Months | One Year | |
| Community Service | None | None | |
| Impoundment | Ten Days | Thirty Days | |
| Ignition Interlock | Two Years | ||
| DUI Counterattack Class | Required | ||
| Victim Impact Panel | Required | ||
| Fine | $2,000 | $5,000 | – $4,000-$5,000 if .15 or above, or minor in vehicle |
Fourth Conviction Fourth DUI Charged as a Misdemeanor
| Minimum Penalty | Maximum Penalty | Comments | |
| Jail | None | Year | – If upgraded to felony then Max. Five Years Prison |
| Probation | Early Termination | One Year | – If upgraded to felony then Max. Five Years Five Years Probation |
| Driver’s License Suspension | Lifetime Revocation | ||
| Community Service | None | None | |
| Impoundment | None | None | |
| Ignition Interlock | None | None | |
| DUI Counterattack Class | Required | ||
| Victim Impact Panel | Required | ||
| Fine | $2,000 | $5,000 |
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 |
|
|
Costs of a DUI in Orlando & Central Florida
| DUI FEES | ||
| FEE TYPE | AMOUNT | NOTES |
| Towing Costs | $100-300 | Extra fees for every extra day.
|
| Attorney’s Fees | $2,500 to over $6,000 | Does not include court costs, fines, court reporter, subpoenas, depositions etc. |
| Bail Bond | $100-3000 | It’s usually $100-200 for first time DUIs
|
| DUI Class- 1st Time Offender
2nd Time Offender |
$264
$395 |
|
| DMV BPO Hardship License:
1st Suspension- by DHSMV 2nd Suspension- by judge, if Convicted
|
$223 $223 |
DMV hardship license |
| Ignition Interlock Device on all vehicles owned or co- owned by the defendant | $170
+ $67.50 (monthly) |
$170 installation fee- “Enhanced DUI”
1st Time Offender- 6 months = $575 2nd Time Offender- 2 years = $1,790 |
| Vehicle immobilization or impoundment for 10 days; 10 days for each vehicle | $100-$150 or more | Simple DUI |
| Insurance Hikes
FR-44 Form required for 3 years |
Expect premiums to increase by 200-400%. | SR-22 Florida Automobile Auto Insurance Liability coverage minimums are: $100,000 per person,
$300,000 total per accident, and $50,000 property damage
|
| Substance Abuse Evaluation
and Treatment |
Varies | Cost will depend on the result of evaluation and recommended treatment
|
| Community Service Hours | 50 hours
MINIMUM |
|
| Court Costs, Costs of Prosecution and Costs of Investigation
|
$250-1000 | |
| First Time DUI Fines | $500-2000 | Fines for repeat DUIs range from $1,000-$5,000. |
| Monthly Costs of Probation Supervision Fees | $50 monthly | Usually 6-12 months |
| Intake and Drug Tests | $20 & $17, respectively | First time min is $500, $1,000 if BAC>.015, crash. Typically only minimum is imposed |
| Restitution | Varies | If you are found guilty and you caused a crash, you may be forced to pay restitution to any alleged victims. |
Other Costs of a DUI In Florida
Transportation: If you do not have a license or a BPO hardship license, you will either need to utilize some form of public transportation, including a taxi, Lyft, Uber or rely on a family, friends or a loved one to drive you.
Job Loss/Job Opportunity/Graduate School: Having a misdemeanor or felony conviction on your record can result in job future job opportunities.
Collateral Consequences for Professionals, Veterans, Students and Non-US Citizens and many others: Professionals may face license suspension (and loss of a job), students may face disciplinary action, while non-US Citizens may be deported or face barriers to reentry into the United States.