Florida’s DUI Penalty Chart

After a DUI arrest, one of the first questions people ask is, “What are the possible punishments?” The answer to this question depends on how the DUI was charged. Florida law has at least 15 different types of DUI charges. Criminal penalties for DUI vary depending on factors such as:

• the number of prior convictions;
• how long ago the prior offenses occurred;
• whether the blood or breath alcohol concentration (BAC) was over .15;
• whether a child passenger was present;
• whether a crash resulted in property damage, injury, or death; and
• the mandatory probationary period sufficient to allow the accused to complete a substance abuse course and any necessary treatment which would “necessarily reduced” the potential jail term the court could otherwise impose.

If you are convicted of DUI, the court must impose the minimum mandatory punishments (although the court can impose additional penalties up to the statutory maximum). Ways to avoid the minimum mandatory penalties include:

• negotiating a reduction in the DUI charge to a non-DUI offense, such as reckless driving;
• getting the judge to dismiss the charges completely during a motion hearing; or
• obtaining a “not guilty” verdict at trial.

If your case goes to trial, the jury will determine whether you are “guilty” or “not guilty,” but only the court will decide the penalties and punishments. The court does not tell the jury about the possible penalty or jail time the court might impose. For example, Florida Rule of Criminal Procedure 3.390(a) provides: “…the judge shall not instruct the jury on the sentence that may be imposed for the offense for which the accused is on trial.”

Because so many factors go into determining the statutory maximum and minimum penalties for each way a DUI might be charged in Florida, we created the “DUI Penalty Chart” list below.

Lawyer on DUI Penalties in Tampa, FL

Contact a DUI defense lawyer at the Sammis Law Firm in Tampa, FL, to discuss the possible criminal penalties, sanctions, and punishments you are facing under the particular facts of your case for any DUI arrest in Hillsborough County. We represent clients at the courthouse in Tampa and Plant City, FL, and throughout the greater Tampa Bay area.

Whether you are charged with a first DUI or a second or subsequent offense, we can help. Our DUI defense attorneys are experienced in fighting the breath, blood, or urine tests. We are also experienced in fighting drunk driving cases involving a refusal to submit to chemical testing.

Our main office is in downtown Tampa in Hillsborough County, FL. We have additional offices for Pinellas County in Clearwater and Pasco County in New Port Richey.

Call 813-250-0500 today.

Information Center

• Different Types of DUI Offenses under Florida Law
• Chart of Florida’s DUI Penalties
• Statutory Minimum Mandatory Requirements for DUI in Florida
• Will the Court Know About the Prior DUI Conviction?
• Jail Time or Imprisonment
• DUI Fine Schedule
• Driver’s License Suspension after a DUI Conviction
• Probation after a DUI Conviction
• Vehicle Impoundment or Immobilization after a DUI Conviction
• Additional Resource

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Different Types of DUI Offenses under Florida Law

DUI with Serious Bodily Injury – Under Florida law, a person commits this offense when driving under the influence and causing serious bodily injury to another (i.e., an injury creating a substantial risk of death, serious disfigurement, or long-term loss or impairment of a body part or organ). It is a third-degree felony, punishable by up to 5 years in prison and a fine up to $5,000.

DUI with Non-Serious Personal Injury – Under Florida law, driving under the influence and causing personal injury (but not “serious bodily injury”) elevates a typical DUI. It is classified as a first-degree misdemeanor (when injury occurs) and carries up to 1 year in jail and up to $1,000 in fines.

DUI Manslaughter – In Florida, this crime occurs when a person, under the influence of alcohol or drugs, drives or is in actual physical control of a vehicle and causes the death of another person. It is a second-degree felony, punishable by up to 15 years in prison and a fine up to $10,000.

DUI Manslaughter / Leaving the Scene – Under Florida law, if the driver who was under the influence and caused a death then knowingly leaves the scene without stopping to provide information or render aid, the offense is elevated to a first-degree felony, punishable by up to 30 years in prison and a fine up to $10,000.

Vehicular Homicide – Florida defines vehicular homicide as causing the death of another by driving a vehicle and by culpable negligence. Under F.S. § 782.071, it is a second-degree felony, punishable by up to 15 years in prison and a fine.

DUI with property damage – In Florida, a DUI that results in property damage (but not personal injury) is typically charged as a first-degree misdemeanor, punishable by up to 1 year in jail and a fine up to $1,000.

DUI with BAC over .15 – Florida law provides enhanced penalties for a DUI where the blood-alcohol concentration (BAC) is .15% or higher. For example, a first‐time DUI with a BAC ≥ .15 may involve up to 9 months in jail and a fine up to $2,000; repeat offenses may trigger felony charges.

Commercial Motor Vehicle DUI – Under Florida law, a DUI by a person operating a commercial motor vehicle (CMV) can trigger stricter penalties, including disqualification from operating the CMV (e.g., a CDL holder) and possibly higher criminal penalties.

DUI by Juvenile or Under age 21 – Florida imposes zero-tolerance and specific administrative penalties for under-21 drivers. For example, under F.S. § 322.2616, a driver under 21 with any measurable alcohol may face license suspension; criminal penalties may also apply for a DUI conviction under 316.193.

DUI with a Minor Child in the Vehicle – Florida law increases penalties for a DUI when a minor is in the vehicle at the time of the offense; for example, the minimum fine is increased (e.g., minimum fine $1,000 for first conviction) when a minor is present with a DUI serious bodily injury charge.

Boating Under the Influence – Florida law prohibits operating a vessel while under the influence of alcohol or chemical substances. Although not strictly codified under the same statute as motor vehicle DUI, BUI offenses carry criminal penalties that increase with prior convictions and injury.

DUI on a Bicycle – In Florida, operating a bicycle while under the influence may still trigger DUI statutes since “actual physical control” of a vehicle can apply; a person may be charged with DUI under F.S. § 316.193 even if the vehicle is a bicycle, if operating a vehicle while impaired.

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Chart of Florida’s DUI Penalties

This Florida DUI penalties charge summarizes the statutory maximum and minimum penalties that might apply in your case.

* Enhanced penalties apply if the BAC was .15 or above or a child passenger was in the vehicle.

* * Any felony DUI for 3rd within ten or 4th lifetime is punishable by up to 5 years in prison and a $5,000 fine.

*** DUI property damage is a first-degree misdemeanor with up to 12 months in jail and a fine of up to $1,000.

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Statutory Minimum Mandatory Requirements for DUI in Florida

Florida DUI laws provide certain minimum mandatory requirements (often called the “min-man” sanctions). The Court must impose these minimum mandatory provisions in every case if the person is convicted of DUI.

The only way to avoid the minimum mandatory requirements is to avoid a DUI conviction. As you will see from the links below, the minimum mandatory penalties are more severe than most people would expect.

The Court can impose a sentence that is harsher than the minimum mandatory. The court can impose a sentence up to the statutory maximum penalty allowed by the statute.

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Will the Court Know About the Prior DUI Conviction?

Many clients ask us whether the court will know about their prior DUI convictions, particularly for a DUI conviction that occurred out of state and doesn’t appear on the Florida driving record. Does the defendant have to tell the court about the prior convictions?

Under the Florida Rules of Traffic Court in Rule 6.180, when the court is sentencing a repeat offender, the defendant alleged to have a prior conviction for a criminal traffic offense has the right to remain silent concerning any prior conviction at the time of plea or sentence. In other words, you can remain silent if anyone asks whether you have a prior conviction.

If the prior DUI does not appear on your driving record, then the prosecutor must obtain a certified copy of the judgment and sentence to show proof to the court that the prior conviction occurred.

Rule 6.180 was adopted in 1988. The rule was designed to codify existing procedures in DUI cases. The rule sets forth what has become known as a “Meehan plea.” Meehan v. State, 397 So. 2d 1214 (Fla. 2d DCA 1981).

Even if the court doesn’t treat the DUI like a second in five years, a third in ten years, or a fourth in a lifetime, the DHSMV might still impose the driver’s license revocation that would apply if the prior convictions later appear on the driving record.

If a prior DUI is not showing up on your driving record, avoid doing anything that might cause it to be added to the driving record. For example, don’t apply for a hardship license if you are not eligible because of a prior offense not on your driving record.

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Jail Time or Imprisonment

How likely is jail time for a first DUI? In Florida, jail time is not likely for a first DUI, especially if no aggravating factors are found.

Pre-trial negotiations almost always result in a plea bargain offer that doesn’t involve additional jail time (beyond the eight (8) hours you served after the arrest).

Jail time is also unlikely for a second DUI outside five years, especially if the case is resolved before trial.

Under Florida law, the Court may allow the time an individual spends in a residential drug abuse treatment center or alcoholism program to be credited toward the term of imprisonment or jail time as provided in Florida Statutes Section 316.193(2)(a), 2, 4(b), (6)(j).

• First DUI Conviction:
  • Up to six (6) months.
  • The maximum statutory penalty would be nine (9) months if the BAL was .15 or over or if a minor was in the vehicle.

• Second DUI Conviction within Five (5) years:
  • Up to nine (9) months.
  • The maximum statutory penalty is twelve (12) months if the BAL is over .15 or if a minor was in the vehicle with at least ten (10) days of mandatory jail time or imprisonment. Forty-eight (48) hours of confinement must be served at one time or consecutive.

• Third DUI Conviction:
  • At least thirty (30) days of mandatory jail time or imprisonment if the third conviction was within ten (10) years of the second conviction.
  • If the third conviction is more than ten (10) years after the second conviction, the jail or imprisonment term is up to 12 months.

• Felony DUI Fourth or Subsequent Conviction:
  • Up to five (5) years or longer if provided by Florida Statute Section 775.084 as a violent/habitual offender.

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DUI Fine Schedule

Under Florida Statute Section 316.193(2)(a) through (b), the following fines can be imposed after a DUI conviction.

• First DUI Conviction:
  • Between $500 and $1,000.
  • Enhanced fines between $1,000 to $2,000 if the BAL (blood or breath alcohol level) was .15 or higher or if a minor was in the vehicle.

• Second DUI Conviction:
  • Between $1,000 and $2,000.
  • Enhanced fines between $2,000 and $4,000, if the BAC was .15 or higher or a minor was in the vehicle.

• Third DUI Conviction outside of 10 years:
  • Between $2,000 and $5,000. Enhanced fines of not less than $4,000 if the BAL was .15 or higher or if a minor under 18 years old was in the vehicle at the time of the offense.

• Fourth DUI Conviction (mandatory felony):
  • Fines cannot be less than $2,000 or more than $5,000

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Driver’s License Suspension after a DUI Conviction

When you are arrested, the officer can take your driver’s license if you blew over the legal limit of .08 or refused a chemical test of the blood, breath or urine.

The length of this administrative suspension will vary from 6 to 18 months depending on the number of times your license has been administratively suspended and whether those prior incidents were for blowing over the legal limit or refusing to submit.

The hard suspension refers to the period of time that you are not eligible for a hardship license. The hard suspension period can vary from 30 days for a first DUI involving a breath test to 18 months if you are accused of a second refusal to submit to testing.

First Offense

• If you take the breath test and blow over .08 then the driver’s license will be suspended for six (6) months with a thirty (30) day hard suspension.

• If you refused then your Florida driver’s license will be suspended for 12 months with a 90-day hard suspension.

Second Offense

• If you took the breath test, you will suffer a 12-month suspension with a 30-day hard suspension.

• If you refused the test, and your first offense was after a breath test, you will suffer a 12-month suspension with a 90-day hard suspension.

• If you refused the test, and your first offense was after a refusal, you will suffer an 18-month suspension with an 18-month hard suspension.

Third or Subsequent Offense

• If you took the breath test then you will suffer a 12-month suspension with a 12-month hard suspension.

• If you refused the breath test and if all prior offenses were after a breath test, then you will suffer a 12-month suspension with a 12-month hard suspension.

• If you refused the breath test and one of the prior offenses was after a refusal, then you will suffer an 18-month suspension with an 18-month hard suspension.

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Probation after a DUI Conviction

After a DUI conviction in Hillsborough County, FL, the Court must impose a period of monthly reporting probation of not less than six (6) months or more than 12 months. Once all special conditions are met, the Court can consider terminating the probation early.

In some cases, the court will put on the record that the probation will terminate early once all special conditions have been completed (assuming no violations have occurred).

In other cases, the court will require the person to file a “motion for early termination of probation” so the court can decide whether to terminate the probation or not.

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Vehicle Impoundment or Immobilization after a DUI Conviction

For some DUI convictions in Hillsborough County, FL, the Court must impose a period of vehicle impoundment or immobilization, including when the BAC was over .15 when a child passenger was in the vehicle, or because of a prior conviction.

Florida law allows the judge to waive that requirement if it can be shown that immobilizing the vehicle would present a hardship to another household or family member who needs to use the vehicle.

Reasons the Court Rarely Imposes the Statutory Maximum Jail Term

When reviewing the penalties for a DUI in Florida, many people are concerned by the “statutory maximum” period of incarceration that might be imposed for a misdemeanor DUI—often six, nine, or twelve months depending on the specific charge. However, as a practical matter, courts in the Tampa Bay area and throughout Florida typically cannot impose that full maximum in jail on a misdemeanor DUI.

In fact, even in a felony DUI case, the court is generally not allowed to impose the statutory maximum amount of prison time.

The reason the court can impose the statutory maximum period of incarceration is because of Florida’s mandatory rehabilitation requirements.

Under Florida Statute § 316.193(5), a judge is required to place every person convicted of a DUI on monthly reporting probation. A mandatory condition of that probation is the completion of a substance abuse course (DUI School), including a psychosocial evaluation and any recommended treatment.

According to recent rulings from the Second District Court of Appeal, Garrett v. State, No. 2D2024-2695, 2026 WL _______(Fla. 2d DCA Jan. 30, 2026), a DUI sentence must include a probationary period that is “of sufficient length to permit [the defendant] to complete” these required courses and treatments. Since the total period of incarceration plus the period of probation cannot exceed the statutory maximum for the offense, and the court must impose some probationary period, then the court can not impose the statutory maximum period of incarceration.

For example, if a first DUI carries a maximum of 6 months in jail (180 days), and the law requires you to be on probation long enough to finish counseling, the judge cannot give you 180 days in jail. To do so would leave “zero days” for the mandatory probation.

As the court noted in Garrett, imposing a mandatory probationary period sufficient to allow for treatment “necessarily reduced” the potential jail term. If a judge tries to sentence someone to the maximum jail time plus probation, the sentence is considered illegal because it exceeds the statutory cap.

Because the court must ensure you have enough time on the “outside” to attend DHSMV-licensed DUI programs and complete evaluations:

• Jail time must be offset: For every month of probation required to complete your counseling, the potential jail time is effectively reduced.
• Practical Sentencing: If a substance abuse program takes several months to complete, a judge who wants to impose jail time is legally forced to leave a significant “window” of probation available within that 6 or 12-month statutory limit.

If you are facing a DUI charge, understanding these sentencing mechanics is vital. The law requires a balance between punishment and the opportunity for rehabilitation, ensuring that the “maximum” sentence on paper is rarely what is possible in practice.

Have questions about how these sentencing guidelines apply to your specific situation? It is crucial to consult with an attorney who stays current on recent appellate decisions like Garrett to ensure your rights are protected during sentencing.

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Additional Resource

DUI Penalties in Florida – Visit the website of the Department of Highway Safety and Motor Vehicles (DHSMV) to learn more about Florida DUI laws that apply in the courtroom after a conviction and the rules for an administrative suspension after a DUI arrest. Find links for the complete statutory language in section 316.193, Florida Statutes. Find the rules for obtaining a Business or Employment Hardship Reinstatement.

Can you get a concealed weapons permit with a DUI? – Visit the Florida Department of Agriculture and Consumer Services website to find out why having two or more DUI convictions within the previous three years means you are not eligible for a concealed weapons permit or a firearms license.

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Finding Lawyers Fighting to Avoid DUI Penalties in Tampa, FL

Call a Tampa DUI Lawyer at the Sammis Law Firm to discuss your case’s particular facts and circumstances in Tampa, Hillsborough County, Florida. Visit our office in downtown Tampa, just a few blocks from the courthouse. We have additional offices in Clearwater in Pinellas County and New Port Richey in Pasco County, FL.

Find out what important defenses might apply to your case. We understand the penalties for a DUI case depending on how the charges are filed. We are experienced with fighting various DUI charges involving a breath test, blood test, urine test, or refusal to submit to testing. For a first DUI or a second or subsequent offense, we can help.

DUI cases are unique because judges are prohibited from accepting a guilty plea to a lesser-included offense under section 316.656, Florida Statutes. The courts are prohibited from withholding adjudication in DUI cases or reducing a DUI charge if the defendant’s blood alcohol is .15 or greater (without signing a stipulation).

Contact us to find ways around these sentencing problems, including the RIDR DUI diversion program in Hillsborough County, FL. Our attorneys also fight drunk and impaired driving charges in New Port Richey in Pasco County and in Clearwater in Pinellas County.

Call 813-250-0500 to schedule a consultation today.

This article was last updated on Monday, April 11, 2026.