DUI and DWI

What Are the Penalties for a First-Time DUI in Florida?

A first-time DUI in Florida brings 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, a 10-day vehicle impound and a 180-day to 1-year license revocation. Penalties rise if your blood alcohol was 0.15 or higher.

Car keys and a folded citation resting on a wooden bench in a sunlit Florida courthouse hallway.

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, 50 hours of community service, a 10-day vehicle impound and a license revocation of 180 days to 1 year under § 316.193 and § 322.28, Florida Statutes. A blood alcohol level of 0.15 or higher, or a minor in the car, raises the fine to $1,000 to $2,000 and the jail limit to 9 months.

What are the penalties for a first-time DUI in Florida?

$500 to $1,000 in fines, up to 6 months in jail and up to 1 year of probation are the main penalties for a first DUI conviction in Florida. The judge must also order at least 50 hours of community service, a 10-day vehicle impound and a DUI school. Your license is revoked for 180 days to 1 year.

A first DUI is usually a misdemeanor, a lower-level crime than a felony. Knowing the range helps you plan your next steps calmly.

Source: § 316.193 and § 322.28, Florida Statutes (2026 text, as of October 2026).

  • Fine: $500 to $1,000
  • Court cost added to the fine: $135, under § 938.07, Florida Statutes
  • Jail: up to 6 months
  • Probation: up to 1 year, counting any jail time. Probation means court supervision with rules you must follow.
  • Community service: at least 50 hours
  • Vehicle impound: 10 days, unless your family has no other way to get around
  • License revocation: 180 days to 1 year. Revocation means your license is canceled, not just paused.
  • DUI school: a substance abuse course with an evaluation
Florida first-offense DUI penalties by blood alcohol level, under § 316.193, Florida Statutes (as of October 2026)
SituationFineMaximum jailIgnition interlock
Blood alcohol under 0.15, no minor in the car$500 to $1,0006 monthsUp to the judge
Blood alcohol 0.15 or higher, or a minor in the car$1,000 to $2,0009 monthsRequired for at least 6 months

What makes a first DUI penalty higher or lower?

Your penalty depends mostly on your blood alcohol level and what happened during the stop. Blood alcohol level, or BAL, is the amount of alcohol in your blood.

  • High BAL: A reading of 0.15 or higher raises the fine and jail limit. It also requires an ignition interlock, a device that tests your breath before the car starts.
  • Minor in the car: Having a passenger under 18 brings the same higher penalties.
  • Community service hardship: The judge may let you pay $10 per hour instead of doing service, but only if your home or job makes the work an undue hardship.
  • Crash with injury or damage: Hurting someone or damaging property adds more penalties and can make the charge a felony.

Warning: Florida judges cannot withhold adjudication for a DUI under § 316.656, Florida Statutes. Withholding adjudication means the court does not formally convict you. Without it, a DUI conviction stays on your record.

If you face a DUI charge, talking with a Florida DUI lawyer early can help you understand your options. You can learn more in our DUI and DWI guide.

Frequently asked questions

How Much Are Court Fees in Florida for a DUI?

$135 is the court cost Florida law adds to every DUI fine under § 938.07, Florida Statutes, as of October 2026. You also pay the $500 to $1,000 fine, DUI school fees, impound and storage costs, and probation costs. Some counties add local fees, so ask your county clerk of court for the full amount.

Should I Get a Lawyer for a DUI in Florida?

Yes, in most cases. A DUI conviction cannot be sealed or withheld in Florida, so it stays on your record. A lawyer can check whether the stop and the breath test were legal, explain plea offers and protect your license. Many DUI lawyers offer a free first consultation.

How Do You Get a DUI Dismissed in Florida?

Sometimes a DUI is dismissed when the evidence is weak or was gathered illegally. Common issues include a traffic stop without a lawful reason, a breath test machine that was not maintained, or missing video. A lawyer can file a motion to suppress, a request to keep bad evidence out of court. Results depend on your facts.

Can a DUI Affect My Employment in Florida?

Yes. A DUI conviction shows up on criminal background checks, and Florida judges cannot withhold adjudication for it. Jobs that involve driving, a commercial license or a professional license are most affected. A license revocation of 180 days to 1 year can also make getting to work harder.

Sources

  1. § 316.193, Florida Statutes (2026): Driving under the influence; penalties, Florida Legislature
  2. § 322.28, Florida Statutes (2026): Period of suspension or revocation, Florida Legislature
  3. § 938.07, Florida Statutes (2026): Driving or boating under the influence court cost, Florida Legislature
  4. § 316.656, Florida Statutes (2026): Mandatory adjudication; prohibition against accepting plea to lesser included offense, Florida Legislature