Florida · Fla. Stat. § 316.193
Florida calls the offense DUI. Since October 1, 2025, even a first refusal to take a breath or urine test is a crime, and a DUI conviction can never be sealed or expunged.
Legal term
DUI
Fla. Stat. § 316.193
BAC limit, 21 and over
0.08%
Or impairment of your normal faculties
Enhanced penalties
0.15%
Or a minor in the vehicle
Commercial drivers
0.04%
While driving a commercial vehicle
Drivers under 21
0.02%
Zero-tolerance law
Review hearing deadline
10 days
From the date of arrest
Higher ranges apply if your BAC was 0.15% or more or a minor was in the vehicle. How recent your prior DUIs are (within 5 or 10 years) also raises the minimums.
| First offense | Second offense | Third offense | |
|---|---|---|---|
| Jail | Up to 6 months (9 if aggravated) | Up to 9 months (12 if aggravated); at least 10 days if within 5 years of a prior | Up to 12 months; a felony with up to 5 years and at least 30 days if within 10 years of a prior |
| Fine | $500 to $1,000 ($1,000 to $2,000 if aggravated) | $1,000 to $2,000 ($2,000 to $4,000 if aggravated) | $2,000 to $5,000 (at least $4,000 if aggravated) |
| License revocation | 180 days to 1 year | 180 days to 1 year; at least 5 years if within 5 years of a prior | 180 days to 1 year; at least 10 years if within 10 years of a prior |
| Ignition interlock | 6 months if aggravated | At least 1 year (2 if aggravated) | At least 2 years |
| Also required | Up to 1 year probation, 50 hours community service, 10-day vehicle impound, DUI school | 30-day vehicle impound if within 5 years | 90-day vehicle impound if within 10 years |
A fourth DUI is a felony no matter how long ago the earlier ones were, with permanent license revocation. See Felony DUI.
A DUI arrest in Florida starts two cases: an administrative suspension by the Department of Highway Safety and Motor Vehicles and a criminal case.
FLHSMV · starts at arrest
Your license is suspended on the spot and your ticket serves as a 10-day temporary permit. Request a formal review hearing within 10 days; you may get a 42-day permit to keep driving.
If the suspension stands: 6 months for a failed test on a first offense.
Court · starts when charged
A conviction brings its own revocation, shown in the table above.
A hardship license for work and essential driving may be available after DUI school.
Under Florida's implied consent law, driving means you've agreed to a breath, blood or urine test after a DUI arrest. Since October 1, 2025 (Trenton's Law), refusing is a crime even the first time, on top of the license suspension.
First refusal
1 year
suspension plus a second-degree misdemeanor (up to 60 days in jail)
Second or later refusal
18 months
suspension plus a first-degree misdemeanor (up to 1 year in jail)
No hardship license is available during a suspension for a second refusal.
These factors raise fines, jail time and interlock terms, or turn a DUI into a felony.
Most Florida DUIs are misdemeanors. A DUI is a felony when:
Florida requires an ignition interlock for every repeat DUI (at least 1 year for a second, 2 years for a third) and for a first DUI with a BAC of 0.15% or higher or a minor in the vehicle (6 months).
The Florida statutes this guide is based on.