Sentencing

Potential penalties for Driving Under the Influence (DUI) grow with each offense. The Court is required to do several things, including:

  1. The Court must place all people convicted of this section on monthly reporting probation
  2. The Court must require the person to undergo a DUI course
  3. The Court must require the person to undergo evaluation and to complete all counseling

In addition, for a conviction for DUI the minimum mandatory penalties are as follows:


DUI Offense

Maximum Jail/Prison Sentence

Minimum Mandatory

Jail/Prison

Maximum fine

Minimum Fine

License Suspension/

Revocation

Community Service

Ignition Interlock Device

Vehicle Impound

1st Offense (Below .15 B.A.C.)

6 Months

None

$1,000

$500

6-12 Months

50 Hours

Not Required

10 Days

1st Offense -Enhanced (.15 B.A.C. or Higher or Minor Present)

9 Months

None

$2,000

$1,000

6-12 Months

50 Hours

6 Months

10 Days

2nd Offense Outside of 5 Years (Below .15 B.A.C.)

9 Months

None

$2,000

$1,000

6-12 Months

None

1 Year

10 Days

2nd Offense Outside of 5 Years – Enhanced (.15 B.A.C. or Higher or Minor Present)

1 Year

None

$4,000

$2,000

6-12 Months

None

2 Year

10 Days

2nd Offense Within 5 Years (Below .15 B.A.C.)

1 Year

10 Days

$2,000

$1,000

5 Year Revocation

None

1 year

30 days

2nd Offense Within 5 Years – Enhanced (.15 B.A.C. or Higher or Minor Present)

1Year

10 Days

$4,000

$2,000

5 Year Revocation

None

2 Year

30 Days

3rd Offense Outside of 10 Years (Below .15 B.A.C.)

1Year

None

$5,000

$2,000

6-12 Months

None

2 Years

10 days

3rd Offense Outside of 10 Years – Enhanced (.15 B.A.C. or Higher or Minor Present)

1Year

None

$5,000

$4,000

6-12 Months

None

2 Years

10 days

3rd Offense Within 10 Years [i]

5 Years

30 days

$5,000

$2,000

10 Years Revocation

None

2 Years

90 Days

4th or Subsequent DUI Offense

5 Years

None

$5,000

$2,000

Permanent Revocation

None

2 Years

90 Days

DUI with Serious Bodily Injury

5 Years

This will depend on the extent of the injuries [ii]

$5,000

$1,000

3 Year Revocation

None

Not Required

10 Days

DUI Manslaughter

15 Years

4 Years [iii]

$15,000

$1,000

Permanent Revocation

None

Not Required

10 Days


The 10 years is measured from the date of your last DUI. All three do not have to be within the 10 year period.

Florida felony sentencing is determined, in part, by the Criminal Punishment Code Scoresheet. The sentencing guidelines within the scoresheet are subject to departure.

The Criminal Punishment Code Scoresheet may call for more time, however. The sentencing guidelines within the scoretsheet are subject to departure, upward or downward.