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Florida DUI Penalties Comparison

Posted by John P. Rutkowski | Mar 02, 2026 | 0 Comments

Florida DUI Penalties Comparison

Offense Type

Jail Time

Fines

License Revocation

Ignition Interlock

Vehicle Impound

1st DUI

Max 6 months (9 if BAC .15+ or minor present)

$500 – $1,000 ($1k–$2k if BAC .15+ or minor present)

6 – 12 months

6 months (only if BAC .15+)

10 days

2nd DUI (Within 5 years)

Min 10 days; Max 9 months (12 if BAC .15+ or minor present)

$1,000 – $2,000 ($2k–$4k if BAC .15+ or minor present)

Min 5 years

1 year (2 years if BAC .15+)

30 days

2nd DUI (Outside 5 years)

Max 9 months (12 if BAC .15+ or minor present)

$1,000 – $2,000 ($2k–$4k if BAC .15+ or minor present)

6 – 12 months

1 year (2 years if BAC .15+)

10 days

3rd DUI (Within 10 years)

Min 30 days; Max 5 years in Prison (Felony)

Max $5,000 (Min $4,000 if BAC .15+ or minor present)

At least 10 years

2 years

90 days

3rd DUI (Outside 10 years)

Max 1 year

$2,000 – $5,000 (Min $4,000 if BAC .15+ or minor present)

6 – 12 months

2 years

10 days


 

Probation & Community Service

  • 1st DUI: 6 to 12 months probation; 50 hours community service (buy-out may be possible at $15/hr).
  • 2nd DUI: 6 to 12 months probation ; community service required (buy-out may be possible at $15/hr within 5 years or $10/hr outside 5 years).
  • 3rd DUI: Up to 5 years probation (within 10 years) or up to 12 months (outside 10 years) ; community service buy-out may be possible at $10/hr.

 

DUI School

  • 1st DUI: Level I DUI School and recommended treatment.
  • 2nd & 3rd DUI: Level II DUI School and recommended treatment.

Hardship (BPO) License Eligibility

  • 1st DUI: Possible after completing DUI School.
  • 2nd DUI (Within 5 years): Eligible after 1 year of the 5-year revocation.
  • 2nd DUI (Outside 5 years): Not eligible for a Business Purposes Only license.
  • 3rd DUI (Within 10 years): Eligible after 2 years of the 10-year revocation.
  • 3rd DUI (Outside 10 years): Not eligible for a Business Purposes Only license.

 

About the Author

John P. Rutkowski
John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.

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