Know what raises the stakes.
Use the interactive chart to compare Florida DUI penalties by offense level, then add factors to see how the selected scenario changes.
Florida DUI penalties depend primarily on the offense level and on circumstances that may increase the consequences. The reference on this page compares a first DUI offense, a second offense within 5 years, and a third offense within 10 years using the published penalty information represented in the explorer.
Use the interactive Florida DUI penalty chart to select an offense level and then apply factors such as a BAC of .15 or higher, a child under 18 in the vehicle, property damage or an accident, or injury or death. The selected scenario updates to show how the factors represented by the tool may affect the displayed penalties.
The explorer and the full reference cover jail time, fines, license suspension, probation, community service, DUI school, and vehicle impoundment. The reference charts below keep all three offense levels available in one place so visitors can compare the published consequences without changing the interactive selection.
People may also search for this subject as Florida drunk driving penalties. This resource uses the statutory term driving under the influence, or DUI, and organizes the information by offense level and enhancement factor.
In Florida a DUI is a misdemeanor in most cases. For a base offense with no aggravating factors, Florida Statute § 316.193 sets imprisonment at up to 6 months for a first conviction and up to 9 months for a second. Those maximums rise to 9 and 12 months when the breath or blood alcohol level was 0.15 or higher, or a passenger under 18 was in the vehicle. The same statute raises the charge to a felony in the following situations.
Misdemeanor-level maximum jail terms
A third conviction more than 10 years after a prior conviction is not a felony. It carries a fine of $2,000 to $5,000 and imprisonment of up to 12 months. Source: Florida Statutes § 316.193.
How to use this chart
Selected scenario
Full reference
Compare the published jail time, fines, license suspension, probation, community service, DUI school, and vehicle-impoundment information for the three offense levels represented in the explorer.
For a first DUI offense in Florida, the chart lists up to 6 months in jail, fines up to $1,000, and a minimum 180-day license suspension, with 10-day hardship eligibility.
| Offense condition | BAC 0.08+ |
|---|---|
| Jail time | Up to 6 months |
| Fines | Up to $1,000 |
| License suspension | 180 days minimum — With 10-day hardship eligibility |
| Probation | Up to 1 year |
| Community service | 50 hours |
| DUI school | Required |
| Vehicle impoundment | 10 days |
For a second DUI offense within 5 years in Florida, the chart lists up to 9 months in jail, fines up to $2,000, and a 5-year license suspension with no hardship eligibility.
| Offense condition | BAC 0.08+ |
|---|---|
| Jail time | Up to 9 months |
| Fines | Up to $2,000 |
| License suspension | 5 years — No hardship eligibility |
| Probation | Up to 1 year |
| Community service | 50 hours |
| DUI school | Required |
| Vehicle impoundment | Up to 30 days |
For a third DUI offense within 10 years in Florida, the chart lists up to 5 years in jail, fines up to $5,000, and a 10-year license suspension with no hardship eligibility.
| Offense condition | BAC 0.08+ |
|---|---|
| Jail time | Up to 5 years |
| Fines | Up to $5,000 |
| License suspension | 10 years — No hardship eligibility |
| Probation | Up to 5 years |
| Community service | 100 hours |
| DUI school | Required |
| Vehicle impoundment | Up to 90 days |
This chart presents the listed maximums, minimums, and required consequences in the page’s approved data. It does not calculate the likelihood of jail or predict an individual result.
The explorer applies four published factors: a BAC of .15 or higher, a child under 18 in the vehicle, property damage or an accident, and injury or death.
People sometimes search for these circumstances as an “aggravated DUI.” This page uses the specific factor names shown in the Florida reference instead of treating that phrase as a separate offense tier.
A third DUI offense within 10 years is classified as a third-degree felony under Florida Statute § 316.193. DUI involving serious bodily injury or death can also carry felony consequences.
Sources
Updated August 4, 2026 · Published by The DUI Gyal, the DUI-focused practice of attorney Sabrina Jadunandan.
General information only — not legal advice. Every case is different.
Record retention
In Florida a DUI conviction is effectively permanent, and there are two separate records with two different answers. It stays on the driving record for 75 years, and it stays on the criminal record forever because a DUI conviction cannot be sealed or expunged.
FLHSMV keeps alcohol-related entries, including DUI convictions, on a Florida driving record for 75 years.
For most people this is a lifetime. It is the number drivers are usually asking about, because it is the record employers, insurers, and licensing agencies request. FLHSMV also notes that a conviction tied to an open suspension, revocation, or cancellation stays on the record indefinitely.
A Florida DUI conviction cannot be sealed or expunged under the ordinary sealing and expunction statutes, so it remains on the criminal record.
This is structural rather than discretionary. Section 316.656(1) prohibits any court from suspending, deferring, or withholding adjudication of guilt for a DUI, so a guilty plea or guilty finding must produce an adjudication of guilt. Florida's sealing statute, in turn, requires that the person was not adjudicated guilty of the offense. Because a DUI conviction cannot carry a withhold, it cannot meet that requirement.
How long a DUI is kept on a record and how long it can increase the penalties for a later offense are separate clocks. These are routinely confused.
| Driving record retention | 75 years — FLHSMV retains alcohol-related entries on a Florida driving record for 75 years. |
|---|---|
| Criminal record | Permanent — A DUI conviction cannot be sealed or expunged in Florida, so it stays on the criminal record. |
| FR-44 insurance filing | 3 years — FR-44 high-risk coverage must be maintained for three years from the date driving privileges are reinstated. |
| Second-offense enhancement lookback | 5 years — A second DUI within five years of a prior conviction triggers enhanced penalties. |
| Third-offense felony lookback | 10 years — A third DUI within ten years of a prior conviction is charged as a third-degree felony. |
A five- or ten-year window passing does not remove anything from a record. It only stops the prior conviction from enhancing the next charge. A fourth DUI is a third-degree felony regardless of when the prior convictions occurred.
Because adjudication cannot be withheld on a DUI, the paths that preserve sealing eligibility all occur before a conviction is entered.
Whether any of these apply depends entirely on the facts and evidence in an individual case. Nothing here predicts or promises a particular result.
One correction worth making: the three-year figure often repeated online is the FR-44 high-risk insurance filing period, not a date when a Florida DUI comes off a record. Nothing about a DUI conviction expires at three years.
Sources
General information only — not legal advice. Every case is different.
About This Resource
The DUI Gyal created this interactive Florida DUI penalties resource to make offense levels, enhancement factors, and published consequences easier to compare in one place.
The DUI Gyal is the DUI-focused practice of attorney Sabrina Jadunandan. Visitors can use this guide for general education and contact The DUI Gyal to discuss how Florida DUI issues may relate to their individual circumstances.
Meet Sabrina JadunandanTalk to The DUI Gyal about your Orlando or Central Florida DUI case. Defense strategy built with prosecutor insight, courtroom confidence, and real preparation.
Submitting a form or contacting the firm does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established. Past results do not guarantee future outcomes. Every case is different.
