Florida DUI Penalties

Being convicted of a DUI in Florida carries serious consequences. The number of lives lost each year to drunken driving means even the first offense will result in  mandatory punishments. People who are convicted of multiple Florida DUIs face lengthier prison sentences and heavier fines. Here is a breakdown of potential DUI penalties in the Sunshine State:

First time DUI conviction will carry the following penalties:

  • Fines of at least $500,
  • Mandatory 50 hours of community service or a $10 fine for each hour of service,
  • Maximum 6 months prison time &/or probation (combined time may not exceed one year),
  • DUI school,
  • Possible Ignition Interlock Device,
  • 10 day vehicle impoundment, and
  • Minimum 180 day driver’s license revocation.

A 2nd DUI conviction may carry a harsher penalty including:

  • A fine of $1,000-$2,000,
  • Maximum 9 months in prison,
  • DUI school,
  • Mandatory Ignition Interlock Device,
  • 30 day vehicle impoundment, and
  • 6 month minimum driver’s license revocation; If it's your second conviction in five years, you'll lose your license for five years (but will be eligible to apply for a hardship reinstatement after one year).

A 3rd DUI conviction may carry an even harsher penalty including:

  • A fine of $2,000-$5,000,
  • 30 days-1 year in prison,
  • DUI school,
  • Mandatory Ignition Interlock Device,
  • 90 day vehicle impoundment, and
  • Minimum 5 year driver’s license revocation, 10 years if it is your 3rd DUI within 10 years of the first.

After a 4th or subsequent DUI conviction you will be considered a habitual/violent offender and face up to 5 years in prison. Additionally your driver’s license will be permanently revoked with no opportunity for a hardship reinstatement.

Hardship Reinstatements

If certain circumstances are met, some people may try to obtain a hardship driver’s license reinstatement after a Florida DUI conviction. You may be eligible for a hardship reinstatement if:

  • After your first DUI conviction you must complete DUI school, apply to department for hearing for possible hardship reinstatement.
  • After your 2nd DUI conviction within 5 Years you may apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
  • After your 3rd DUI conviction within 10 Years you may apply for hardship reinstatement hearing after two years. You must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license).  Ignition Interlock device is required for 2 years.
  • If you are convicted DUI with Serious Bodily Injury (3 Year Revocation): You may immediately apply for hardship reinstatement hearing. You must complete DUI school or advanced driver improvement course.

If you are convicted of DUI Manslaughter With No Prior DUI Related Conviction (Permanent Revocation): You may be eligible for hardship reinstatement 5 years after the date of revocation if you:

1. Have not been arrested for a drug-related offense for at least 5 years prior to the hearing;

2. Have not driven a motor vehicle without a license for at least 5 years prior to the hearing;

3. Have been alcohol and drug-free for at least 5 years prior to the hearing; and

4. Complete DUI school and are supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).

5. Install an ignition interlock device on your vehicle for two years.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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