The short answer
A first DUI conviction in Florida carries a $500 to $1,000 fine, up to 6 months in jail, up to 1 year of probation, at least 50 hours of community service, DUI school, a 10-day vehicle impoundment and a 180-day to 1-year license revocation under § 316.193 and § 322.28, Florida Statutes. Separately, FLHSMV suspends your license at the arrest: 6 months for a breath or blood alcohol level of 0.08 or more, or 1 year if you refused testing.
What happens on a first DUI offense in Florida?
A first DUI conviction in Florida can bring a $500 to $1,000 fine, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, DUI school, a 10-day vehicle impoundment and a license revocation of 180 days to 1 year. If your blood or breath alcohol was 0.15 or higher, or a child under 18 was in the car, you also need an ignition interlock device. Your license is suspended on the day of arrest, before any court case.
The offense is defined in § 316.193(1), Florida Statutes (2026). You commit DUI if you drive or are in actual physical control of a vehicle and either:
- Impairment: you are under the influence of alcohol, a controlled substance under chapter 893, or a chemical substance listed in § 877.111, "when affected to the extent that the person's normal faculties are impaired"; or
- Unlawful alcohol level: your blood alcohol level is 0.08 grams or more per 100 milliliters of blood, or your breath alcohol level is 0.08 grams or more per 210 liters of breath.
The state has to prove only one of these. A driver who tests under 0.08 can still be convicted on evidence of impairment.
Two rules make a first DUI harder to soften. Under § 316.656(1), courts may not withhold adjudication in DUI cases, so a guilty plea or a guilty verdict means a conviction. Under § 316.656(2)(a), a judge cannot accept a plea to a lesser offense if your test showed 0.15 or more. Prosecutors can still offer reductions such as reckless driving in other cases, and that is often what defense lawyers negotiate for.
What are the criminal penalties for a first DUI in Florida?
The criminal court sets these penalties when you are convicted. Most come from § 316.193(2)(a), (5) and (6)(a), Florida Statutes. The ranges below are for a first DUI with no injury or property damage.
Jail
A first DUI conviction carries up to 6 months in jail, or up to 9 months if your alcohol level was 0.15 or higher or a minor was in the car (§ 316.193(2)(a) and (4)). There is no minimum jail sentence for a first offense. Many first offenders get probation instead, but the judge decides.
Fines
The fine is $500 to $1,000, or $1,000 to $2,000 for an enhanced first offense (§ 316.193(2)(a) and (4)). Court costs and fees come on top of the fine.
Probation
Under § 316.193(6)(a), probation is limited to 1 year, and probation and jail together cannot run longer than 1 year. Under § 316.193(5), the court must order monthly reporting probation and a substance abuse course from a licensed DUI program, which includes a psychosocial evaluation. If the evaluation recommends treatment, finishing it becomes a condition of probation. The court can also order a sobriety or drug monitoring program, paid for by you (§ 316.193(6)(j)).
Community service
The court must order at least 50 hours of public service or community work (§ 316.193(6)(a)). If the court finds that doing the hours would be a hardship, it can let you pay $10 for each hour instead.
License revocation
A conviction revokes your license for at least 180 days and up to 1 year (§ 322.28(2)(a)1). You can apply to FLHSMV for a hardship license after finishing DUI school (§ 322.271(2)(a)). If you wait out the revocation instead, FLHSMV requires proof that you enrolled in or finished DUI school, and you must finish the course within 90 days of reinstatement or your license is canceled.
Ignition interlock
If your alcohol level was 0.15 or higher, or a passenger under 18 was in the car, the court must order an ignition interlock device for at least 6 continuous months (§ 316.193(4)). FLHSMV also requires the device for a hardship license in those cases.
Vehicle impoundment
The court must order your vehicle impounded or immobilized for 10 days, or for the rest of the lease or rental if that is shorter (§ 316.193(6)(a)). The judge can skip this if your family has no other transportation. The owner pays the impound or immobilization costs (§ 316.193(6)(k)).
| Offense | Standard fine | Enhanced fine (BAL .15 or more, or a minor) | Jail (standard / enhanced) |
|---|---|---|---|
| First conviction | $500 to $1,000 | $1,000 to $2,000 | Up to 6 months / up to 9 months |
| Second conviction | $1,000 to $2,000 | $2,000 to $4,000 | Up to 9 months / up to 12 months; at least 10 days if within 5 years |
| Third conviction | $2,000 to $5,000 | At least $4,000 | At least 30 days if within 10 years (third-degree felony) |
| Fourth or later conviction | At least $2,000 | At least $4,000 | Up to 5 years (third-degree felony) |
| Offense | Revocation period | Hardship eligibility |
|---|---|---|
| First conviction, no injury | 180 days to 1 year | After DUI school; interlock required if BAL was .15 or more |
| First conviction with injury | At least 3 years | Per FLHSMV review |
| Second conviction within 5 years | At least 5 years | After 1 year |
| Third conviction within 10 years | At least 10 years | After 2 years |
| Fourth conviction | Permanent | After 5 years |
| Offense | Duration |
|---|---|
| First conviction | 10 days |
| Second conviction within 5 years | 30 days |
| Third conviction within 10 years | 90 days |
What happens to your license right after a DUI arrest in Florida?
Your license is suspended on the day you are arrested. This administrative suspension comes from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) under § 322.2615, Florida Statutes, and it is separate from the criminal case. The officer takes your license and gives you a citation that also works as a temporary permit.
How long is the administrative suspension?
Under § 322.2615(1)(b), the suspension is:
- Alcohol level of 0.08 or more: 6 months for a first suspension, or 1 year if you have been suspended before.
- Refusing a breath, blood or urine test: 1 year for a first refusal, or 18 months if you have been suspended before.
What is the 10-day temporary permit?
The permit lets you drive until midnight of the 10th day after it is issued. In that same 10-day window you can ask FLHSMV for a formal or informal review of the suspension (§ 322.2615). If you ask for a formal review, the department must schedule a hearing within 30 days. If you miss the 10 days, the suspension stands, so this is the deadline most people should take to a DUI lawyer first.
Can you get a hardship license after a DUI arrest?
Often, yes. Under § 322.271(7), a driver who has never had a suspension under § 322.2615, never been disqualified under § 322.64 and never been convicted of DUI can get a restricted, business-purposes-only license for the rest of the suspension. Otherwise, under § 322.2615 you have to wait 30 days after your last temporary permit expires for an alcohol-level suspension, or 90 days for a refusal suspension, before you can get a business or employment license.
Does refusing the test make it worse?
Yes. A first refusal means a 1-year suspension instead of 6 months, and the refusal can be used as evidence in the DUI trial. Under § 316.1939 (2026), a first refusal is a second-degree misdemeanor, punishable by up to 60 days in jail (§ 775.082(4)(b)). A second refusal is a first-degree misdemeanor, punishable by up to 1 year. After a second refusal suspension, you cannot get a hardship license.
The administrative suspension and the criminal case run separately. Under § 316.193(10), FLHSMV's ruling cannot be used in the criminal trial, and how the criminal case ends does not undo the suspension.
| Circumstance | Duration |
|---|---|
| Alcohol level 0.08 or more, first suspension | 6 months |
| Alcohol level 0.08 or more, prior suspension | 1 year |
| Test refusal, first | 1 year |
| Test refusal, prior suspension | 18 months |
| Temporary permit after arrest | 10 days |
| Deadline to request a review | 10 days from arrest |
When is a first DUI in Florida charged more harshly?
A first DUI is charged more harshly when your alcohol level is high, a child is in the car, or someone is hurt. These facts can raise the fine, the jail time and even the level of the charge.
- Alcohol level of 0.15 or more, or a minor in the car: a $1,000 to $2,000 fine, up to 9 months in jail and an ignition interlock for at least 6 months (§ 316.193(4)).
- Property damage or injury to another person: a first-degree misdemeanor, punishable by up to 1 year in jail (§ 316.193(3)(c)1 and § 775.082(4)(a)).
- Serious bodily injury: a third-degree felony, punishable by up to 5 years in prison (§ 316.193(3)(c)2 and § 775.082(3)(e)), plus a license revocation of at least 3 years.
- Death: DUI manslaughter, a felony that brings permanent license revocation (§ 322.28).
Commercial drivers face a stricter limit. An alcohol level of 0.04 or more in a commercial vehicle, or a test refusal, disqualifies you from driving commercial vehicles for 1 year on a first offense (§ 322.61 and § 322.64), and FLHSMV offers no hardship license for commercial driving.
If you are deciding whether to hire a lawyer, the enhanced cases and the 10-day review deadline are the main reasons to act quickly. You can compare guides and find DUI attorneys on our DUI and DWI topic hub.
This guide explains Florida law as of October 2026 for reference only. It is not legal advice about your case.
Frequently asked questions
Do you go to jail for a first DUI in Florida?
Usually not, but you can. A first DUI carries up to 6 months in jail, or up to 9 months if your alcohol level was 0.15 or higher or a minor was in the car, under § 316.193, Florida Statutes. No minimum jail term applies to a first offense, and many first offenders get probation instead, though the judge has the final say.
Is your license suspended immediately after a DUI in Florida?
Yes. Technically, your license is suspended right away after a Florida DUI arrest under § 322.2615: 6 months for a 0.08 or higher result, or 1 year for a first refusal. You get a 10-day temporary permit and have 10 days to ask FLHSMV for a formal or informal review.
How much does a first DUI cost in Florida?
The fine alone is $500 to $1,000, or $1,000 to $2,000 if your alcohol level was 0.15 or higher or a minor was in the car, under § 316.193. On top of that come court costs, DUI school, impound fees, any ignition interlock, reinstatement fees, higher insurance and lawyer fees, which vary by case and county.
Can a first DUI be reduced to reckless driving in Florida?
Sometimes. Prosecutors may offer a reduction to reckless driving, often called a wet reckless, depending on the evidence. Under § 316.656(2)(a), Florida Statutes, a judge cannot accept a plea to a lesser offense if your breath or blood test showed 0.15 or more, and courts cannot withhold adjudication on a DUI.
Can you get a hardship license after a first DUI in Florida?
Yes, in most cases. After an arrest, a first-time driver may be eligible for a business-purposes-only license under § 322.271(7). After a conviction, you can apply to FLHSMV for a hardship license once you finish DUI school. If your alcohol level was 0.15 or higher, the hardship license requires an ignition interlock.
Do you need an ignition interlock for a first DUI in Florida?
Only in some cases. Under § 316.193(4), Florida Statutes, the court must order an ignition interlock for at least 6 continuous months if your blood or breath alcohol was 0.15 or higher, or if a passenger under 18 was in the vehicle. For other first offenses, the law does not require one.
How long does a first DUI stay on your record in Florida?
Permanently, in practice. Florida courts cannot withhold adjudication on a DUI under § 316.656, so a conviction cannot be sealed or expunged. It also counts toward the 5-year and 10-year look-back periods that raise penalties for a second or third DUI under § 316.193.
Sources
- Florida DUI and Administrative Suspension Laws, Florida Department of Highway Safety and Motor Vehicles
- § 316.193, Florida Statutes (2026): Driving under the influence; penalties, The Florida Senate
- § 322.2615, Florida Statutes (2026): Suspension of license; right to review, The Florida Senate
- § 322.271, Florida Statutes (2026): Authority to modify revocation, cancellation, or suspension order, The Florida Senate
- § 322.28, Florida Statutes (2026): Period of suspension or revocation, The Florida Senate
- § 316.1939, Florida Statutes (2026): Refusal to submit to testing; penalties, The Florida Senate
- § 316.656, Florida Statutes (2026): Mandatory adjudication; prohibition against accepting plea to lesser included offense, The Florida Senate
- § 775.082, Florida Statutes (2026): Penalties; applicability of sentencing structures, The Florida Senate