What is the penalty for a first DUI conviction?

The penalty for your first DUI conviction in Florida can vary depending on the severity of your offense. If you damaged someone's property or hurt someone, your penalty will be more severe, as Florida considers these to be aggravating factors. If you seriously injure or kill another person while driving under the influence, you will face felony charges. First DUI penalties may include fines, imprisonment, license revocation, and other consequences mandated by the court.

Is your license immediately suspended after a Florida DUI?

Technically, yes, your license is immediately suspended following a Florida DUI. The officer will issue you a temporary license valid for 10 days starting from your arrest date.

How much does a first DUI cost in Florida?

Your first DUI conviction in Florida will likely cost between $500 and $1,000 in fines if there are no aggravating factors. However, each case is unique and additional fees may apply.

Can I go to jail for my first DUI in Florida?

Yes, jail is a real possibility for first-time DUI offenders in Florida. If your DUI does not include aggravating factors, the maximum imprisonment is six months for your first offense.

What happens when you get a DUI for the first time in Florida?

When you get your first DUI, you will lose your license and be subject to fines, imprisonment, DUI school, and other consequences.

Florida DUI Second Offense

Under Florida law, a second driving DUI offense carries harsher penalties, including at least 10 days of jail time and a maximum fine of $2,000. If you or a loved one have been charged with driving under the influence, contact O’Mara Law Group for experienced representation. Work with us to achieve a more favorable outcome for your case.

Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara

Content last updated on: July 2, 2024

Home » DUI Lawyer » Florida DUI Second Offense

If you have a breath or blood alcohol level of at least 0.08 percent while driving a vehicle and a previous driving under the influence (DUI) offense within the last five years, you can be arrested and charged with a second DUI offense in Florida. You will generally face harsher punishments than you would for committing a first DUI, including jail sentences, installation of a breath alcohol interlock device, and license suspensions.

Fortunately, O’Mara Law Group’s experienced Orlando DUI attorneys are here to help. Reliable, knowledgeable, and tenacious, our lawyers will thoroughly analyze your case and guide you through the legal system.

We'll Help You Fight Your Second DUI Offense in Florida

If you’ve been convicted of a second DUI in Florida, you may face jail time, fines, license revocation, vehicle impoundment, and other consequences.

With decades of experience navigating Orlando’s court system, the O’Mara Law Group can help you achieve the most favorable outcome if you’ve been accused of driving under the influence. Whether this is your first or second DUI offense, we’re here to help.

Contact the O’Mara Law Group for experienced representation.

Consequences of a Second DUI in Florida

According to Section 316.93 of the Florida State Statutes, the punishments you can face for a second DUI in Florida vary depending on whether the second DUI charge is within five years of a prior conviction or outside of five years of a prior conviction.

Penalties within 5 years of a prior conviction

If your first DUI conviction was less than five years ago, the minimum mandatory punishments are harsher. They include:

Fines: You must pay a fine of $1,000 to $2,000 for standard second-offense DUIs. However, if your blood alcohol content was 0.15 percent or higher or you had a passenger under 18 years old, the fines will be $2,000 to $4,000. Fines can go up to $5,000 for DUIs if another person suffered serious bodily injury.
Imprisonment: You must face at least 10 days of imprisonment. However, you may receive up to 12 months in jail if a minor was in your vehicle, your blood alcohol was 0.15 percent or higher, and if there was an accident involving minor injuries or property damage. Additionally, you will be sentenced to a mandatory minimum imprisonment of four years if you are convicted of DUI manslaughter.
Vehicle impoundment or immobilization: The driver’s car will be immobilized or impounded for at least 30 days. The 30 days cannot overlap with any time that you spend in jail for the conviction.
Breath alcohol ignition interlock device: This is mandatory for a year. However, the period increases to two years if your blood alcohol content was 0.15 percent or higher. The court will require you to install a breath alcohol ignition interlock device on all of the vehicles you lease and own.
License revocation: The Florida Department of Highway Safety and Motor Vehicles will revoke your license for a minimum of five years. You may be eligible for hardship reinstatement after the first year.
Probation and DUI school: The court will place you on monthly reporting probation for six to 12 months. You will also have to complete a substance abuse course conducted by a licensed DUI program, which includes a psychosocial evaluation of the offender.

Penalties outside of 5 years of a prior conviction

If your first DUI conviction was over five years ago, the penalties are lighter and resemble first DUI penalties. They are as follows:

Fines: As above, you must pay a fine of $1,000 to $2,000. However, you will have to pay $2,000 to $4,000 if your blood alcohol content was 0.15 percent or higher or you had a passenger under 18 years old. You may have to pay up to $5,000 if another person suffered serious bodily injury.
Imprisonment: There is no minimum jail time, but the maximum jail time is nine months.
Vehicle impoundment or immobilization: The driver’s car will be impounded for 10 days instead of 30 days. However, the judge may dismiss this penalty if your automobiles are for business use and are only driven by employees.
Breath alcohol ignition interlock device: The court will require you to install this device on all of the vehicles you lease and own for a year. The period increases to two years if your blood alcohol content is 0.15 percent or over.
License revocation: The Florida Department of Highway Safety and Motor Vehicles will revoke your license for six to 13 months. You will not qualify for a hardship driver’s license during the revocation.
Probation and DUI school: As above, you will be placed on monthly reporting probation for six to 12 months. You must also complete a substance abuse course conducted by a licensed DUI program.

To understand potential penalties associated with a first, third, or fourth offense, see our DUI penalties chart.

Is a Second DUI in Florida a Felony or a Misdemeanor?

Most second DUIs are misdemeanors per state law. By contrast, many third offense DUIs qualify as felonies.

Bear in mind that like any other DUIs, second-offense DUIs can be charged as a third-degree felony if you were involved in an accident that caused another person to suffer serious bodily injuries. If you were involved in an accident that caused death, you may be convicted of DUI manslaughter, a second-degree felony.

Can a Lawyer Help You Get Your License Reinstated After a Second DUI Offense?

If you’ve been convicted of a second DUI offense, your license will be revoked for five years (if your first DUI offense was committed less than five years ago) or for six to 13 months (if your first DUI offense was committed over five years ago).

Fortunately, the state may reinstate your license if you request a DMV hearing with the Florida Department of Highway Safety and Motor Vehicles. You can also request a hardship license.

Can I Receive a Hardship License?

You can request a hardship license after one year of revocation. By this point, you must have completed a treatment program and DUI school if the judge ordered you to do so. You must also have a positive referral from the Special Supervision Services program.

How Much Does a Second DUI in Florida Cost?

There are several factors, including whether you have had prior DUIs, that impact how much a DUI costs in Florida.

First, you must pay fines. Regardless of when you committed your second DUI, you must pay a fine of $1,000 to $2,000. The fine increases to $2,000 to $4,000 if you had a passenger under 18 years old or a blood alcohol content of 0.15 percent or over.

Florida law also requires the court to determine and administer the following administrative fees and court costs:

$60 or $225, depending on whether your offense is a felony or misdemeanor
A surcharge of 5 percent of your fines for the Crimes Compensation Trust Fund
A court cost that goes up to the amount of your fine to pay for any court-ordered drug abuse or alcohol programs
A $15 fee for the county clerk and the County Alcohol and Other Drug Abuse Trust Fund

Potential Defenses for a Second Offense DUI

As you can see, second-offense DUIs can have costly consequences. Penalties like license suspension and impoundment can also impact your ability to get to work and travel.

Fortunately, a skilled DUI lawyer can use the following defenses to help you craft your defense.

Illegal Traffic Stop

According to state and federal law, a law enforcement officer may only stop a vehicle if they have a reasonable suspicion that the driver is committing a traffic infraction or if they have probable cause that the driver committed a crime.

A DUI lawyer can look at your case and see if whether the officer was mistaken in their conclusion. If enough evidence shows that the officer was mistaken, the prosecutor will dismiss the DUI case.

Insufficient Probable Cause

To arrest a driver for driving under the influence, a law enforcement officer must have probable cause.

If there is evidence that the officer’s conclusion was based on assumptions or insufficient evidence, the driver’s arrest can be deemed illegal, and the prosecutor will dismiss the DUI.

For example, suppose an officer chooses to arrest a driver for DUI because they smelled alcohol in the driver’s car. In that case, the prosecutor will dismiss the case. Per State v. Kliphouse, alcohol odor by itself is insufficient to justify an arrest for DUI.

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