Common Charges

DUI Penalties in Florida

DUI penalties in Florida: first offense, second offense, enhancements, license consequences, and what to expect in Miami-Dade.

Last updated: March 2026

What Are DUI Penalties in Florida?

Penalties can include fines, probation, jail, DUI school, vehicle impound, and license revocation. They increase with priors, high BAC, or injury. Administrative suspension is separate from the criminal case.

  1. Criminal fines and court costs
  2. Probation, DUI school, and community service
  3. Jail exposure (varies by case)
  4. License revocation and DHSMV consequences

Is jail time required for a first DUI in Florida?

Not always, but jail time is possible and maximums depend on the facts. Prior offenses, high BAC, accidents, or injuries increase exposure. An attorney can explain the range for your case.

Will I lose my license after a DUI arrest?

You may face an administrative suspension from DHSMV and separate criminal license consequences if convicted. You generally have a short window to challenge an administrative suspension.

Understanding DUI penalties in Florida can help you know what you may face if convicted. Penalties vary by offense number, blood alcohol level, and whether injury or property damage occurred. This guide explains typical penalty exposure; actual outcomes depend on the facts of your case.

FactorFirst DUI (typical)Second DUI within 5 years
Offense levelOften misdemeanorMisdemeanor with harsher fines and jail exposure
FinesOften $500–$1,000 (higher if BAC 0.15+)Typically higher than first offense
LicenseAdministrative + criminal consequencesOften longer revocation and hardship rules

If you are facing DUI charges in Miami-Dade, coordinating the criminal case with the administrative license track can protect your ability to drive and work. Speak with a Miami DUI lawyer at our office for a consultation.

First DUI Offense

A first DUI conviction in Florida is typically a misdemeanor. Penalties may include: fines of $500–$1,000 (or $1,000–$2,000 if BAC was 0.15 or higher), up to 6 months in jail, up to 1 year of probation, DUI school, 50 hours community service, 10-day vehicle impoundment, and license revocation for 180 days to 1 year. Enhanced penalties apply for BAC 0.15 or higher, including mandatory ignition interlock.

Second and Subsequent DUI

A second DUI within 5 years carries increased fines, up to 9 months in jail, and mandatory vehicle impoundment. A third DUI within 10 years can be a felony. A fourth DUI is a felony with mandatory minimum prison. Prior refusals and prior convictions affect penalties.

License Consequences

DUI triggers both administrative suspension (from DHSMV) and criminal revocation. You have 10 days to request a formal review hearing to challenge the administrative suspension. A Miami DUI lawyer can represent you at the hearing and in the criminal case. See our DUI charges guide, first offense DUI, and can DUI charges be dropped guide. Contact our office for a free consultation.

For a practical review of penalties and defenses in your situation, contact the Law Offices of Paul D. Petruzzi, P.A.

Charged? Speak to a Miami Criminal Defense Lawyer

If you are facing criminal charges or are under investigation in Miami-Dade or South Florida, contact us for a free consultation. We handle bond hearings, trials, and appeals. See our case results for representative outcomes.