Florida DUI Laws and Conviction Penalties

Driving under the influence (DUI) is a criminal offense in Florida. The severity of the penalties will depend on the driver's blood alcohol concentration (BAC) and record of prior convictions.

Driving Under the Influence in Florida

In Florida, a motorist can get a DUI for driving or being in actual physical control of a vehicle while:

• under the influence of drugs or alcohol, or
• having a BAC of .08% or more.

A driver who is deprived of full possession of normal faculties will be considered under the influence. However, any driver with a BAC of .08% or greater is guilty of a "per se" DUI, whether or not they're deprived of their normal faculties. (Fla. Stat. § 316.193 (2025).)

Penalties for Misdemeanor DUI Convictions in Florida

The penalties for a Florida DUI are set by statute and are governed by the number of prior DUI convictions and the circumstances of the incident. The judge is permitted to assign jail, fines, and license revocation within the following parameters. Below are the penalties for misdemeanor DUIs, but beware that some third offenses are felonies (discussed below) and that aggravating factors (like a high BAC or a minor passenger) can increase the misdemeanor penalties below.

(Fla. Stat. §§ 316.193, 775.082, 775.083 (2025).)

First DUIs in Florida

In addition to the penalties above, a first-offense DUI requires 1 year of probation, 50 hours of community service, and a 10-day vehicle impoundment. If the driver had a minor passenger or a BAC of .15% or more, the judge can order up to nine months in jail and a fine of $1,000 to $2,000. (Fla. Stat. § 316.193 (2025).)

Second DUIs in Florida

In addition to the above penalties for a second offense, if a second offense occurs within 5 years of a prior DUI, the judge will order a minimum of 10 days in jail, a 5-year license revocation, and a 30-day vehicle impoundment. If a second offense involves a minor passenger or a BAC of .15% or greater, the judge can order up to 12 months in jail and a fine of $2,000 to $4,000. (Fla. Stat. § 316.193 (2025).)

Third DUIs in Florida

A third offense that occurs within 10 years of a prior offense is a felony and will require 30 days to 5 years in jail, a 90-day vehicle impoundment, and a 10-year driver's license revocation. If the driver had a minor passenger or a BAC of .15% or greater, the fine will be at least $4,000. (Fla. Stat. § 316.193 (2025).)

All violators must enroll in monthly-reporting probation and a substance abuse course. The judge can also order sobriety and drug monitoring. Failure to comply with these requirements can result in probation violations and driver's license revocation. (Fla. Stat. § 316.193 (2025).)

Felony DUIs in Florida

As noted above, a third DUI that occurs within 10 years of a prior DUI conviction can be charged as a felony. However, a fourth or subsequent DUI is a felony regardless of when the priors occurred. Also, DUIs that result in serious bodily injury or the death of another person are considered felony offenses. (Fla. Stat. § 316.193 (2025).)

Implied Consent and Refusing a DUI Blood or Breath Test in Florida

Florida's "implied consent" law requires all drivers lawfully arrested for a DUI to consent to a chemical test of their breath, blood, or urine to determine the presence and amount of alcohol or drugs. The fact that the driver refused testing can also be used at trial to prove guilt. (Fla. Stat. § 316.1932 (2025)

Drivers who unlawfully refuse breath or urine (but not blood) testing can be charged with a second-degree misdemeanor. If convicted, a motorist will receive a 1-year driver's license revocation, up to 60 days in jail, and a fine of $500. (Fla. Stat. §§ 316.1932, 775.082, 775.083 (2025).)

For a second or subsequent offense, drivers who unlawfully refuse breath or urine (but not blood) testing can be charged with a first-degree misdemeanor. If convicted, a motorist will receive an 18-month driver's license revocation, up to 1 year in jail, and a fine of $1,000. (Fla. Stat. §§ 316.1932, 775.082, 775.083 (2025).)

Refusing a blood test is a civil offense, not a misdemeanor, because the United States Supreme Court has ruled that refusing a blood test (unlike breath and urine tests) can't be criminalized. So a driver won't face jail for refusing to submit to a blood test. The penalties for refusing a blood test are a 1-year license suspension for a first offense and an 18-month suspension for a second or subsequent offense. (Fla. Stat. § 316.1932 (2025); Birchfield v. North Dakota, 579 U.S. 438 (2016).)

Getting a DUI Restricted License in Florida

A driver who is revoked for a DUI conviction or chemical test refusal may be eligible for a restricted license. The restricted license limits where the holder can drive, requires an IID, and often requires the holder to be enrolled in a substance abuse course or DUI supervision program. (Fla. Stat. § 322.271 (2025).)

Florida's Underage DUI Laws

Drivers under the age of 21 are prohibited from having a BAC of .02% or more. A violation isn't considered a criminal offense but will result in a six-month license suspension—one year for a second offense. If the BAC was .05% or more, the youth will also have to complete a DUI education program before license reinstatement. (Fla. Stat. § 322.2616 (2025).)

An underage driver's license will be suspended for one year for refusing to submit to a breath, blood, or urine test. The suspension will be 18 months with a prior refusal. (Fla. Stat. § 322.2616 (2025).)

Plea Negotiations for Florida DUI Charges

DUI offenses involving manslaughter, a BAC of .15%, or prior DUI convictions can't be pleaded down or reduced. However, other eligible offenses may be eligible for a DUI diversion or to be pled down to a "wet reckless" charge to avoid certain penalties and repercussions. (Fla. Stat. §§ 316.192, 316.656 (2025).)