Second DUI Within 5 Years (The "Enhanced" Penalties)
If your second conviction happens within five years of the first, Florida law is extremely strict.
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Mandatory Jail Time: Minimum of 10 days (at least 48 hours must be served consecutively). The maximum is 9 months (or 12 months if BAC was .15+).
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License Revocation: Minimum 5-year revocation. You are not eligible for a hardship license until you have served at least 12 months of "hard time" with no driving at all.
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Ignition Interlock Device (IID): Mandatory for at least 1 year (2 years if BAC was .15+).
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Fines: $1,000 to $2,000 (up to $4,000 if BAC was .15+).
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Vehicle Impoundment: Mandatory 30 days (cannot overlap with jail time).
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DUI School: Mandatory Level 2 (21 hours) and substance abuse treatment.
Second DUI Outside 5 Years
If more than five years have passed since your last conviction, it is treated similarly to a first offense in terms of "mandatory minimums," but the maximum penalties are higher.
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Jail Time: No mandatory minimum, but you can be sentenced to up to 9 months (or 12 months if BAC was .15+).
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License Revocation: 180 days to 1 year (same as a first offense).
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Ignition Interlock Device (IID): Mandatory for at least 1 year.
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Fines: $1,000 to $2,000.
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Vehicle Impoundment: 10 days.
Comparison of Penalties
Critical Warnings for a Second Offense
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No Hardship for "Outside 5 Years": Paradoxically, if your second DUI is outside the 5-year window, Florida law generally does not allow for a hardship license. You must serve the entire 6–12 month suspension with no driving privileges.
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Refusal Penalties: If you refused the breathalyzer during your first DUI and refuse again for the second, you face an 18-month license suspension and can be charged with a separate misdemeanor for the refusal itself.
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Permanent Record: Like the first offense, a second DUI can never be sealed or expunged in Florida.
