Florida's DUI Laws and Penalties for a First, Second, and Third Offense

In Florida, the consequences of a DUI conviction depend largely on how many prior convictions the driver has. This article covers Florida's DUI laws, including the penalties for a first, second, and third DUI conviction.

Florida's DUI Law

Florida's DUI law prohibits driving or being in actual physical control of a vehicle while:

• having a blood alcohol concentration (BAC) of .08% or more, or
• under the influence of alcohol, harmful chemical substances, or illegal controlled substances.

(Fla. Stat. § 316.193 (2025).)

How Is "Under the Influence" Defined?

Florida defines "under the influence" as impaired to the extent that the person is deprived of full possession of normal faculties. However, a per se DUI requires only a BAC of .08% or more. The BAC threshold is reduced to.04% if the licensee is driving a commercial vehicle. (Fla. Stat. §§ 316.193, 316.1934, 322.61, 322.62 (2025).)

What Does Actual Physical Control Mean?

A person doesn't have to put the car in motion to be convicted of DUI in Florida. Florida's DUI law only requires actual physical control of a vehicle. In Florida, "actual physical control" means that a person "must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he/she is actually operating the vehicle at the time" and that the vehicle is "reasonably capable of being rendered operable." (Hughes v. State, 943 So.2d 176 (Fla. 3d DCA 2006).)

For example, a Florida court held that a person who was sleeping and slumped over the steering wheel with his left hand on the wheel and keys in the ignition was in actual physical control of the vehicle. He was in actual physical control even though the engine wasn't running and the headlights weren't on. (Mitchell v. State, 538 So.2d 106 (Fla. 4th DCA 1989).)

Florida DUI Penalty Chart

The penalties of a Florida DUI are generally governed by the number of prior offenses the offender has. However, the recentness of the prior offenses and the circumstances of the current DUI can also affect the penalties.

Here are the possible penalties a driver faces if convicted of a first, second, or third DUI. (See below the chart for an explanation of aggravated offenses and other factors that can increase an offender's sentence.)

(Fla. Stat. §§ 316.193, 775.082, 775.083 (2025).)

Florida's Aggravated DUI Penalties

In the chart above, you'll note there are enhanced penalties for "aggravated" offenses. A DUI that involves a minor passenger or a BAC of .15% or greater is considered an aggravated DUI and will result in more severe consequences. (Fla. Stat. § 316.193 (2025).)

First DUI Convictions in Florida

In addition to the penalties listed in the chart above, a first-offense DUI results in:

• a one-year probation
• 50 hours of community service (the offender can pay $10 in place of each hour of community service), and
• 10 days of vehicle impoundment.

(Fla. Stat. § 316.193 (2025).)

First offenders may be eligible for a diversion program in some jurisdictions. Diversion participants generally can avoid many of the consequences resulting from a DUI conviction.

Second DUI Conviction Within Five Years of a Prior

In addition to the penalties listed in the chart above, a second-offense DUI that occurs within five years of the prior will result in:

• a mandatory 10 days in jail
• a 30-day vehicle impoundment, and
• license revocation of at least five years.

A restricted license may be available after one year with enrollment in a substance abuse education course. (Fla. Stat. § 322.271 (2025).)

Third DUI Conviction Within Ten Years of a Prior

A third or subsequent DUI conviction that occurs within ten years of a prior DUI offense generally carries:

• a minimum of 30 days in jail
• a 90-day vehicle impoundment, and
• a minimum ten-year driver's license revocation.

(Fla. Stat. § 316.193 (2025).)

The driver can petition for a restricted license after 24 months but must remain in a DUI supervision program to be eligible. (Fla. Stat. § 322.271 (2025).)

DUIs Involving Accidents in Florida

DUI incidents that result in injuries to other people or property damage will also result in the following penalties:

• Property damage. First-degree misdemeanor, up to $1,000 fine, and up to one year jail (plus the standard penalties for a DUI based on the number of priors and BAC level).
• Serious injury. Third-degree felony, up to five years prison, up to $5,000 fine, and a minimum three-year driver's license revocation.
• Deaths. Second-degree felony, four to 15 years prison, up to $10,000 fine, permanent driver's license revocation.

(Fla. Stat. §§ 316.193, 322.28, 775.082, 775.083 (2025).)

A DUI involving a death is often referred to as "DUI manslaughter."

DUI Probation in Florida

All DUI offenders must complete a term of monthly-reporting probation and enroll in a substance abuse course. Time served in inpatient rehabilitation can be counted toward required jail time. Failure to complete the substance abuse course or any required treatment will result in driver's license revocation. The court can also order a sobriety and drug monitoring program, which might include random testing and monitoring. (Fla. Stat. § 316.193 (2025).)

Is a DUI a Felony in Florida?

Generally, a DUI charge is a misdemeanor in Florida. However, under certain circumstances, a DUI can be charged as a felony. These circumstances include:

• having two prior DUI convictions, one of which occurred within the past ten years
• having three or more prior DUI convictions, regardless of when the priors occurred
• causing serious bodily injury to another person while driving under the influence, and
• causing the death of another person while driving under the influence.

Felony DUIs generally carry more severe penalties than misdemeanor DUI convictions, including the possibility of spending quite a bit of time in jail or prison. (Fla. Stat. § 316.193 (2025).)

DUI Blood or Breath Testing in Florida

Florida's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood, urine, or breath test. Drivers who unlawfully refuse testing face at least a one-year driver's license revocation. (Fla. Stat. § 316.1932 (2025).)

Underage DUI Laws in Florida

Drivers under the age of 21 are prohibited from having a BAC of .02% or greater. An underage DUI violation is not a criminal offense but will result in license suspension and other requirements. (Fla. Stat. § 322.2616 (2025).)

Refusal. An underage driver who refuses to submit to alcohol or drug testing will be suspended for one year or 18 months for a subsequent offense. (Fla. Stat. § 322.2616 (2025).)

Test failures. An underage driver who provides a BAC sample of .02% or more will be suspended for six months or one year for a subsequent offense. Completion of a DUI education program will also be required if the BAC was .05% or more. (Fla. Stat. § 322.2616 (2025).)

Plea Bargaining in Florida DUI Cases

For a first-offense DUI in Florida, pleading a DUI down to a lesser offense like a "wet reckless" is possible. However, subsequent violations and DUIs involving manslaughter or a BAC of .15% or more cannot be pled down or reduced. (Fla. Stat. §§ 316.192, 316.656 (2025).)

Getting Help From a Florida DUI Lawyer

If you've been arrested for driving under the influence in Florida, you'll want to get legal assistance as soon as possible. A qualified DUI lawyer can review your case and help you decide on how best to handle your situation.