Arrested for a DUI in Florida? What You Need to Know (2025)

Florida DUI Laws: The Basics

In Florida, you can be convicted of DUI if you are in physical control of a vehicle and have a blood alcohol concentration (BAC) of 0.08 or greater. Even if your BAC is much less, you may still be convicted if an officer determines your ability to drive has been compromised by alcohol or another substance.

For some drivers, the legal alcohol limit is different:

• Drivers Under 21: 0.02
• Drivers of Commercial Vehicles: 0.04

If you aren’t sure whether you’re over the legal limit, it’s in your best interests to not drive. DUI consequences in Florida can be severe, even for a first offense.

Florida DUI Penalties

If you are convicted of a DUI in Florida, you may face several penalties, including:

• Fines
• Jail time
• Probation
• Vehicle impoundment
• Substance abuse evaluation
• DUI Counterattack School (DUI-related education)
• Installing an ignition interlock device on your car
• Driver’s license suspension

The penalties you face will depend on the circumstances of your DUI.

First Offense

Even DUI first offense penalties can be steep. For a first offense, you will usually face the following:

• A fine of $500 to $1,000
• A year of probation
• Up to six months of jail time
• 10-day impoundment of your car
• 50 hours of community service
• Substance abuse evaluation and treatment
• DUI Counterattack School

In Florida, you receive an “enhanced penalty” if your BAC was over 0.15 or you had a minor in the car when you were arrested. If your first DUI comes with this enhancement, your sentence will change slightly to:

• Maximum fine of $2,000
• Jail time of up to nine months
• Six months with an ignition interlock device on your car

Judges have some room when it comes to sentencing. Having a skilled DUI lawyer is critically important — even if you’re convicted, your lawyer may be able to persuade the judge to keep your fines and jail time to a minimum.

Second Offense Within Five Years

Your chances of going to jail for second DUI offenses are greater than they are for a first. If you get a second DUI within five years of your first one, penalties increase to:

• A fine of $1,000 to $4,000
• A year of probation
• Jail time of 10 days to 12 months
• 10-day vehicle impoundment (30 days if the second DUI was within three years of the first)
• Substance abuse evaluation and treatment
• DUI Counterattack School
• At least a year with an ignition interlock device on your car

Just like with a first DUI, your sentence is “enhanced” if your BAC is more than 0.15 or you have a minor in the car. Enhanced sentences are likely to be closer to the maximum fines and jail time above. If your second DUI is more than five years after your first, you may face slightly less severe penalties.

Third and Subsequent Offenses

If your third DUI is within 10 years of a previous DUI, you can be charged with a third-degree felony. You may be fined up to $5,000, and you must be jailed for at least 30 days. If you get a fourth DUI, you can be charged with another third-degree felony — and you can be imprisoned for up to five years.

How Long Will Your License Be Suspended After a Florida DUI?

Technically, getting your driver’s license suspended or revoked as a result of a DUI isn’t a criminal punishment. Instead, the Florida Department of Highway Safety and Motor Vehicles automatically revokes your license when you’re arrested for a DUI.

It’s important to note that after your arrest, you have 10 days to contest your license suspension. An attorney may be able to request a hearing and argue for you to receive a hardship license or limited driving privilege.

If convicted of a DUI, the length of your license suspension depends on the type of DUI you’ve committed. For a first offense, penalties are generally less severe:

• First Offense: 180 days to one year
• First Offense With Bodily Injury: At least three years

If you get a second DUI more than five years after your first one, license suspension penalties are the same as those for a first DUI. If your second DUI happens within five years of your first, your license will be suspended for a minimum of five years.

License penalties for third and subsequent DUIs become harsher:

• Third Offense 10+ Years After Second: Same as first offense
• Third Offense Within 10 Years of Second: At least 10 years
• Fourth Offense: Permanent

And lastly, if your DUI involves the death or injury of someone else, suspensions are generally more severe:

• DUI Serious Bodily Injury/Vehicular Homicide: Three years
• DUI Manslaughter: Permanent

In some cases, you may be able to receive a hardship reinstatement when your license is suspended. This provision allows you to legally drive only for work or business.

Have You Been Arrested for DUI in Florida?

If you’re reeling from the impact of a DUI arrest, it can be hard to know what to do next. The best thing you can do to protect yourself is find a competent defense attorney. At ConsumerShield, we focus on matching people like you with the legal professionals you need. Fill out the form on this page for a free case review!