Florida DUI Penalty Chart (2023 Edition)
Florida imposes strict penalties for DUI offenses, including jail time, license suspension, vehicle impoundment, community service, installation of breath alcohol ignition interlock devices, and fines. If you or a loved one have been charged with a DUI in Florida, O’Mara Law Group’s experienced attorneys can help defend you.
Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: March 24, 2023
Florida drivers who are charged with driving under the influence (DUI) face strict penalties for the first, second, third, and fourth offenses, quantified in the DUI penalty chart below. Depending on your blood alcohol level, whether there were other passengers in your car, and the severity of injuries caused, penalties may include:
- Jail time
- Vehicle impoundment
- Monthly reporting
- Community service
- Installation of a breath alcohol ignition interlock device
If you have committed multiple DUI offenses, you will face even stricter penalties, including longer jail times, mandatory installation of an ignition interlock device, and heavier fines. For more information, consult a Florida DUI penalties chart to learn the consequences of each charge.
At the O’Mara Law Group, our experienced DUI attorneys can help you navigate the legal complication of driving under the influence. If you are facing a DUI in Orlando or Lakeland, contact us for skilled representation.
Florida DUI Penalty Chart
Florida law has different penalties for first, second, third, and fourth offenses. It can be difficult to understand which penalties apply.
|Type of Offense||Fines||Jail Sentence||Probation||License Revocation||Vehicle Impoundment or Immobilization||Installation of Breath Alcohol Ignition Interlock Device||Other Penalties|
|First offense||$500 to $1,000||One day to six months||Up to one year||180 days to one year||10 days||Not required|
|First offense — minor in the vehicle or a blood alcohol level of 0.15 percent||$1,000 to $2,000||One day to nine months||Up to one year||180 days to one year||10 days||Six months|
|Second offense within five years||$1,000 to $2,000||10 days to nine months||Up to one year||At least five years||30 days||One year minimum|
|Second offense within five years — with a minor in the vehicle or a blood alcohol level of 0.15 percent||$2,000 to $4,000||10 days to 12 months||Up to one year||At least five years||30 days||One year minimum|
|Second offense outside of five years||$1,000 to $2,000||One day to nine months||Up to one year||180 days to one year||10 days||One year minimum|
|Second offense outside of five years — with a minor in the vehicle or a blood alcohol level of 0.15 percent||$2,000 to $4,000||One day to 12 months||Up to one year||180 days to one year||10 days||One year minimum|
|Third offense within 10 years of prior conviction||$1,000 to $5,000||30 days to 12 months||Up to one year||At least 10 years||90 days||Two-year minimum|
|Third offense within 10 years of prior conviction — with a minor in the vehicle or a blood alcohol level of 0.15 percent||$4,000 to $5,000||30 days to 12 months||Up to one year||At least 10 years||90 days||Two-year minimum|
|Fourth offense or greater||$2,000 to $5,000||One day to five years||Up to five years||Permanent revocation||90 days||Five-year minimum|
|Fourth offense or greater — with a minor in the vehicle or a blood alcohol level of 0.15 percent||$2,000 to $5,000||One day to five years||Up to five years||Permanent revocation||90 days||Five-year minimum|
Additional DUI Costs
Florida statutes require the court to assess and implement the following administrative court costs and penalties:
- A surcharge equivalent to 5 percent of your Crime Compensation Trust Fund fines
- $225 or $60, depending on whether your offense is a felony or misdemeanor
- A court cost up to the amount of your fine to pay for court-ordered drug abuse and alcohol programs
- A $135 court case to support the Brain and Spinal Cord Injury Program Trust Fund and criminal lab systems in Florida
- A $15 fee for the county clerk and the County Alcohol and Other Drug Abuse Trust Fund
You must also pay others to transport you while your license is suspended.
What Constitutes a DUI in Florida?
According to the state’s DUI statutes, you can be arrested and charged with driving under the influence a DUI offense if you are driving a vehicle and:
- You are under the influence of drugs, intoxicating liquor, or both, to the extent that your normal faculties have been impaired, or
- Your blood or breath alcohol concentration or level is 0.08 percent or over
The laws differ slightly for individuals who drive commercial vehicles or are under 21. Anyone under 21 can be charged with a DUI if they have a blood alcohol level of 0.02 percent or higher, and a commercial driver can be charged with a DUI if they have a blood alcohol level of 0.04 percent or higher.
How a Florida DUI Lawyer Can Help
Florida DUI costs can be significant and consequences can be long-lasting. Depending on the offense, you may be fined or imprisoned. The state will also revoke your license. If you commit a fourth DUI offense, your license will be permanently revoked, which means you must rely on others or public transportation to get to work, buy necessities, or travel.
Fortunately, a tenacious and knowledgeable attorney from O’Mara Law Group can help you. We will thoroughly analyze your case, prepare and file paperwork on time, and represent you at trial so that your mistake does not severely affect your life. We will work tirelessly to help get your case dismissed, reduce your probation, and return your license.
If the officer who arrested you did not follow proper guidelines, your case might be dismissed. According to federal and state law, an officer can stop a vehicle only if they have:
- Probable cause that the driver committed a crime
- A reasonable suspicion that the driver is committing a traffic infraction
We can also help you receive a shorter probation period.
For instance, we can help you claim wet reckless for a shorter probation period. Also called “wet and reckless,” wet reckless is a plea bargain that reduces DUI penalties to reckless driving charges.
Consult a DUI Chart to Understand the Consequences of Driving Under the Influence
O’Mara Law Group’s trusted DUI attorneys are here to help if you’ve been charged with a DUI offense in Florida. We will:
- Analyze the event and your resulting needs
- Request a hearing with the Florida Highway Safety and Motor Vehicles department to reinstate your license
- Investigate the prosecutor’s case against you
- Locate and speak with any witnesses
- File all paperwork on and ahead of time
- Present motions
- Represent you at trial
To learn more about your options, contact O’Mara Law for experienced representation. You can fill out this online form or call our Orlando and Lakeland offices at (407) 988-0350 and (863) 603-3206, respectively.