DUI Penalties in Florida: What You Need to Know in 2025

If you’ve been arrested for driving under the influence in Florida, you’re likely feeling overwhelmed and uncertain about what comes next. Florida DUI penalties are known to be very strict, with severe consequences for both first-time and repeat offenders. Understanding what you’re up against—and what legal options are available—can help you protect your future.

At The Law Office of Colleen Glenn, P.A., we want you to know what to expect and how we can help. Below, we break down Florida’s DUI laws, including penalties for first-time and repeat offenses, as well as aggravated and felony DUI charges.

What Is Considered a DUI in Florida?

Under Florida law, a DUI is defined as operating a vehicle while impaired by alcohol or drugs. Legally, impairment can be established through observation or testing.

• Blood Alcohol Concentration (BAC) of 0.08% or higher for adults over 21

• 0.04% for commercial drivers

• 0.02% for drivers under 21, per Florida’s zero-tolerance policy

Even if your BAC is under the legal limit, you can still be arrested and charged if your faculties are impaired.

First-Time Florida DUI Penalties

A first DUI offense in Florida can carry serious repercussions, including:

• Fines: $500 to $1,000

• Jail time: Up to 6 months (9 months if BAC is 0.15%+ or a minor is in the vehicle)

• License suspension: Minimum of 180 days

• Community service: At least 50 hours

• DUI school: Completion of a 12-hour course

• Vehicle impoundment: 10 days

Even if it’s the first time you’ve been in trouble with the law, the court takes impaired driving seriously, especially if aggravating factors are involved.

Aggravating Factors That Increase DUI Penalties

In some cases, penalties are enhanced due to the circumstances surrounding the arrest. These may include:

• High BAC (0.15% or higher)

• Minor in the vehicle at the time of arrest

• Involvement in an accident with property damage or injury

These situations can result in longer jail sentences, steeper fines, and the mandatory installation of an ignition interlock device (IID) on your vehicle.

Second and Third DUI Convictions in Florida

Penalties for a DUI in Florida increase significantly if it’s your second or third offense. A second DUI—especially if it occurs within five years of the first—can result in a mandatory minimum jail sentence, higher fines, a longer license suspension, and the requirement to install an ignition interlock device (IID).

A third DUI within ten years is even more serious, often classified as a third-degree felony. This can result in up to five years in prison, a ten-year license revocation, and substantial fines. Florida law is designed to discourage repeat offenses by escalating the consequences with each conviction, making it critical to seek experienced legal representation if you’re facing a second or third DUI.

Administrative Penalties from the Florida DHSMV

Separate from the criminal court process, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) also imposes its own set of administrative penalties following a DUI arrest. Your driver’s license may be suspended immediately upon arrest, regardless of whether you’ve been convicted. If you refuse to submit to a breath, urine, or blood test, you could face a license suspension of one year for a first refusal, and 18 months for any subsequent refusals.

In some cases, you may be eligible for a hardship license, but only after enrolling in a state-approved DUI school. It’s important to act quickly—Florida law only gives you 10 days from the date of your arrest to request a formal hearing to challenge your license suspension.

Don’t Face DUI Charges Alone

Facing DUI charges in Florida can be intimidating. The legal system is complex, and the penalties are steep, even for a first-time offense. But you don’t have to face it alone. At The Law Office of Colleen Glenn, P.A., we have extensive experience defending clients against DUI charges in Bradenton and throughout the state of Florida. We understand the stress you’re under, and we’re here to help you navigate the legal system with confidence.

Contact us today to schedule a free consultation. Your future matters. Let us help you protect it.