A Guide to the DUI Laws in Florida

First Offense

You can expect to spend up to six months in jail if you refuse a breath/blood test or had a BAC (Blood Alcohol Content) of .15 or greater, but did not crash your vehicle. If there was a child or other minor in the vehicle, the potential jail sentence increases to 9 months.

If there was a car accident involved, you may face up to 12 months in jail.

Second Offense

The cost of a DUI starts to rise at your second offense. If it happens within 5 years of your first offense, expect to spend 10 days in jail upon conviction. Sometimes a judge may sentence you to residential treatment in lieu of jail time.

If your second DUI is more than five years after your first, you refused to take a blood or breath test, your BAC was below .15, and there was no crash involved, you face up to 9 months in county jail. There is no minimum, however.

In cases where a second DUI is more than 5 years after the first, had a BAC of .15 or more, or a minor also riding in the vehicle, you face up to 12 months in jail. Again, there is no minimum.

Third Offense

If your third DUI is within 10 years of your other convictions, you face a minimum jail sentence of 30 days upon conviction. If your third DUI is more than ten years after the other two, you still face up to 12 months in jail, but there is no 30-day minimum.

Fourth Offense

A fourth DUI offense is a felony. It doesn't matter how long between DUIs it has been. You face up to 5 years in Florida state prison and will be considered a convicted felon (for statutory purposes) after that point.

First Offense

Your license is suspended for a minimum of 6 months and a maximum of 1 year following your first DUI conviction.

Second Offense

If your second offense is within five years of your first, the suspension goes for a minimum of 5 years. You are eligible for a hardship license after a year. However, not everyone is able to get one without a DUI attorney.

If the conviction comes more than 5 years after your first, your license may only be suspended for 6 months.

Third Offense

You face a minimum 10-year suspension of your license for a third DUI conviction in Florida. You may be eligible for a hardship license after 2 years.

First Offense

First-time offenders face a fine of $500 to $1,000. If your BAC is .15 or higher, or if there was a minor also in the vehicle, the fines go up to between $1,000 and $2,000.

Second Offense

For second offenses, the fines are usually between $2,000 and $5,000. If a minor was in the vehicle or your BAC was higher than .15, then the fines are between $4,000 and $5,000.

Third Offense

For a fourth offense the fines are not less than $2,000.

First Offense

Not required if your BAC was below .15. If it was higher than .15, you are required to use an IID for at least 6 months.

Second Offense

The use of an IID is required for a minimum of one year if your BAC was below .15 and 2 years if it was above .15.

Third Offense

You will need to use an IID for a minimum of two years. A DUI lawyer may be able to help you keep it as close to the minimum as possible.

Fourth Offense

Again, a minimum of two years using an IID. This comes after any jail time.