Florida · DUI

Florida DUI laws and penalties

Florida's legal BAC limit is 0.08%. For a first offense, Florida's statute provides jail of up to 6 months, a fine of $500 to $1,000, and a license suspension of 180 days to 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 5 years; Prior DUI offenses that count

License hearing: ask within 10 days

Ask the department for a formal or informal review within 10 days of the notice of suspension. Count the days with the license-hearing window calculator.

Ignition interlock at the judge's discretion

Higher BAC level. At 0.15 or higher (or with a minor under 18 in the vehicle) the fine is $1,000 to $2,000, jail up to 9 months and an interlock of at least 6 months is mandatory for a first conviction.

Ignition interlock. The court may order one for at least 6 continuous months; mandatory for a first conviction at 0.15 or higher or with a minor in the vehicle.

Florida has no minimum jail term for a first conviction (probation with 50 community-service hours and 10-day vehicle impoundment instead); the second-offense 10-day minimum and 5-year revocation apply within 5 years of a prior conviction. A BAC of 0.15 or higher, or a minor under 18 in the vehicle, moves the fine and jail ranges up and makes a 6-month interlock mandatory.

01Penalties

Florida DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

Florida statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	10 days
Jail (maximum)	6 months	9 months
Fine (minimum)	$500	$1,000
Fine (maximum)	$1,000	$2,000
License suspension	180 days to 1 year	5 years minimum

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Florida compares

Of the 49 states with a confirmed BAC limit, 48 (Florida among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Florida leaves it to the judge.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Florida gives 10.

Florida and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Alabama	0.08%	10 days	In some cases	Up to 1 year	$600 to $2,100	90 days
Florida (this page)	0.08%	10 days	At the judge's discretion	Up to 6 months	$500 to $1,000	180 days to 1 year
Georgia	0.08%	30 days	Not required	10 days to 12 months	$300 to $1,000	12 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Florida

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ask the department for a formal or informal review within 10 days of the notice of suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Florida's statute provides jail of up to 6 months, a fine of $500 to $1,000, and a license suspension of 180 days to 1 year. See the penalties table above.

04Counties

Counties in Florida

One county has a page here, with the state's arrest counts where it publishes them.

County pageMiami-Dade CountySample figures only

05Sources

Where Florida's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Fla. Stat. § 316.193(1) (leg.state.fl.us)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Fla. Stat. § 322.2616(1)(a) (leg.state.fl.us)BAC limit under 21
Fla. Stat. § 322.2615(1)(b)3. (leg.state.fl.us)License hearing request
Fla. Stat. § 322.28(2)(a)1. (leg.state.fl.us)First offense: license · Second offense: license

Show the exact words behind each figure

Main statute

Fla. Stat. § 316.193

Fla. Stat. § 316.193(1)

A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

BAC limit, age 21 and over

0.08%

Fla. Stat. § 316.193(1)(b)

The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood

Higher BAC level

0.15%

Fla. Stat. § 316.193(4)

Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:

BAC limit under 21

0.02%

Fla. Stat. § 322.2616(1)(a)

it is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle.

Lookback period

5 years

Fla. Stat. § 316.193(6)(b)

For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days.

License hearing request

10 days

Fla. Stat. § 322.2615(1)(b)3.

The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension

Ignition interlock, first offense

At the judge's discretion

Fla. Stat. § 316.193(2)(c)

the court may order placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 for at least 6 continuous months

First offense: jail, minimum

None

Fla. Stat. § 316.193(2)(a)2.a.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished: 1. By a fine of: a. Not less than $500 or more than $1,000 for a first conviction. ... 2. By imprisonment for: a. Not more than 6 months for a first conviction.

First offense: jail, maximum

6 months

Fla. Stat. § 316.193(2)(a)2.a.

Not more than 6 months for a first conviction.

First offense: fine, minimum

$500

Fla. Stat. § 316.193(2)(a)1.a.

Not less than $500 or more than $1,000 for a first conviction.

First offense: fine, maximum

$1,000

Fla. Stat. § 316.193(2)(a)1.a.

Same passage as above.

First offense: license

180 days to 1 year

Fla. Stat. § 322.28(2)(a)1.

the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year.

Second offense: jail, minimum

10 days

Fla. Stat. § 316.193(6)(b)

For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days.

Second offense: jail, maximum

9 months

Fla. Stat. § 316.193(2)(a)2.b.

Not more than 9 months for a second conviction.

Second offense: fine, minimum

$1,000

Fla. Stat. § 316.193(2)(a)1.b.

Not less than $1,000 or more than $2,000 for a second conviction; and

Second offense: fine, maximum

$2,000

Fla. Stat. § 316.193(2)(a)1.b.

Same passage as above.

Second offense: license

5 years minimum

Fla. Stat. § 322.28(2)(a)2.

the driver license or driving privilege shall be revoked for at least 5 years.

06Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Florida DUI laws at a glance