Florida DUI Penalties 2026: Complete Chart for First, Second, and Third Offense
Florida DUI penalties are set by statute and escalate significantly with each offense and with elevated BAC. Here is the complete 2026 penalty reference chart — the definitive resource for understanding exactly what each DUI conviction carries in Florida.
Florida DUI Penalty Chart
| Penalty | 1st DUI | 1st DUI (BAC 0.15%+ or Minor in Vehicle) | 2nd DUI (5+ yrs from 1st) | 2nd DUI (within 5 yrs) | 3rd DUI (within 10 yrs — Felony) |
|---|---|---|---|---|---|
| Fine | $500-$1,000 | $1,000-$2,000 | $1,000-$2,000 | $1,000-$2,000 | $2,000-$5,000 |
| Jail (maximum) | 6 months | 9 months | 9 months | 12 months | 5 years (prison) |
| Jail (minimum mandatory) | None | None | None | 10 days minimum | 30 days minimum |
| Probation | Up to 1 year | Up to 1 year | Up to 1 year | Up to 5 years | Up to 5 years |
| Community service | 50 hours | 50 hours | 50 hours | 50 hours | 50 hours |
| License suspension | 180 days – 1 year | 180 days – 1 year | 180 days – 1 year | 5-year mandatory revocation | 10-year mandatory revocation |
| Hard suspension (no driving) | None | None | 30 days | 1 year | 2 years |
| Vehicle impoundment | 10 days | 10 days | 30 days | 30 days | 90 days |
| IID requirement | No (unless BAC 0.15%+) | Mandatory | Mandatory – 1 year min | Mandatory – 2 years min | Mandatory – 2 years min |
| DUI school | Level I (12 hrs) | Level II (21 hrs) | Level II (21 hrs) | Level II (21 hrs) | Level II (21 hrs) |
| FR44 duration | 3 years from reinstatement | 3 years from reinstatement | 3 years from reinstatement | 3 years from reinstatement | 3 years from reinstatement |
| Classification | 1st-degree misdemeanor | 1st-degree misdemeanor | 1st-degree misdemeanor | 1st-degree misdemeanor | 3rd-degree felony |
Fourth DUI in Florida
A fourth DUI conviction at any time — regardless of when prior DUIs occurred — is a third-degree felony in Florida with permanent license revocation. There is no lookback window for a fourth DUI. Reinstatement after permanent revocation requires a petition to the Florida DHSMV after a minimum 5-year waiting period and is not guaranteed.
DUI Manslaughter in Florida
When a DUI results in a fatality, the charge escalates to DUI manslaughter — a second-degree felony (up to 15 years prison) or first-degree felony if the driver left the scene (up to 30 years). Permanent license revocation applies. These are not addressed by FR44 — they involve felony sentencing guidelines far beyond the administrative license consequences.
How FR44 Fits Into the Penalty Structure
FR44 insurance is a separate administrative requirement from the criminal penalties listed above. It’s required by FLHSMV to reinstate your driver’s license after a DUI conviction — you must have FR44 active with 100/300/50 limits for 3 years from the date of reinstatement, regardless of offense level.
For second-DUI-within-5-years and third-DUI cases, the FR44 3-year clock doesn’t start until reinstatement — which comes after a multi-year revocation. The total time from conviction to FR44 completion can be 8-13 years in these cases.
Get FR44 Filed — Same Day
Regardless of which offense you’re facing, FR44 is one of the requirements you can satisfy immediately. We file same-day, electronically with FLHSMV. Call (407) 506-4611 to get FR44 active today.