FLORIDA DUI PENALTIES

Last Updated: February 2026
Includes Trenton's Law (HB 687) - Effective October 1, 2025

MAJOR CHANGES UNDER TRENTON'S LAW (Effective October 1, 2025)

Critical New Provisions:

1. BREATH TEST REFUSAL NOW A CRIMINAL OFFENSE

FIRST Refusal: Now a second-degree misdemeanor (previously only administrative)
- Up to 60 days in jail
- Up to $500 fine
- Plus 1-year administrative license suspension
SECOND or Subsequent Refusal: First-degree misdemeanor
- Up to 1 year in jail
- Up to $1,000 fine
- Plus 18-month administrative license suspension
- Note: Some sources indicate second refusal may be classified as a felony

2. ENHANCED PENALTIES FOR REPEAT DUI MANSLAUGHTER

Second or subsequent conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide:
- NOW: First-degree felony with UP TO 30 YEARS imprisonment
- PREVIOUSLY: Second-degree felony with up to 15 years
- MANDATORY MINIMUM: 4 years imprisonment for DUI manslaughter

3. PERMANENT LICENSE REVOCATION

Courts now have discretion to permanently revoke driving privileges for certain repeat offenders
Previously, revocations were limited to specific time periods

IMPORTANT: These changes apply ONLY to offenses committed on or after October 1, 2025. The law does NOT apply retroactively.

STANDARD DUI CONVICTION PENALTIES

FINES (Florida Statute § 316.193)

ConvictionFine RangeEnhanced Fine (BAC ≥.15 or Minor in Vehicle)

First$500 - $1,000$1,000 - $2,000

Second$1,000 - $2,000$2,000 - $4,000

Third (within 10 years)$2,000 - $5,000$4,000 - $5,000

Fourth or SubsequentNot less than $2,000Felony penalties apply

IMPRISONMENT (§ 316.193)

First Conviction:

Standard: Up to 6 months
With BAC ≥.15 or minor in vehicle: Up to 9 months
May be served in residential alcoholism/drug treatment program at court's discretion

Second Conviction:

Standard: Up to 9 months
With BAC ≥.15 or minor in vehicle: Up to 12 months
If within 5 years of first conviction: MANDATORY minimum 10 days (at least 48 hours consecutive)

Third Conviction:

If within 10 years of second conviction: MANDATORY minimum 30 days (at least 48 hours consecutive)
If more than 10 years after second conviction: Up to 12 months

Fourth or Subsequent Conviction:

Third-degree felony
Up to 5 years or as provided under habitual/violent offender statutes (§ 775.084)

PROBATION (§ 316.193)

First Conviction: Combined probation and incarceration may not exceed 1 year
Probation terms set by court based on circumstances

COMMUNITY SERVICE (§ 316.193(6)(a))

First Conviction: Mandatory 50 hours of community service OR additional fine of $10 per hour in lieu of service

IGNITION INTERLOCK DEVICE (IID) REQUIREMENTS

Florida Statute § 316.193 and § 322.2715 mandate IID installation for:

Required Installation Periods:

First DUI Conviction:

Court's discretion for standard first offense
MANDATORY minimum 6 months if:
- BAC ≥.15, OR
- Minor in vehicle

Second DUI Conviction:

Minimum 1 year (standard)
Minimum 2 years if BAC ≥.15 or minor in vehicle

Third DUI Conviction:

Minimum 2 years (regardless of time between offenses)

Fourth or Subsequent Conviction:

Minimum 5 years (if eligible for any license)

IID Specifications:

Device must prevent vehicle start if breath alcohol exceeds 0.025% (or court-specified level)
Random "rolling retests" required while driving
Must be installed by Florida-approved vendor
Required on ALL vehicles owned, leased, or routinely operated by convicted person
Costs (installation, monthly monitoring, maintenance) paid by defendant
- Average installation: $70-$150
- Monthly monitoring/calibration: $65-$75

IID Violations:

It is a criminal offense under § 316.1937 to:

Tamper with or circumvent the IID
Request someone else to blow into your IID
Blow into someone else's IID to start their vehicle

VEHICLE IMPOUNDMENT OR IMMOBILIZATION (§ 316.193(6))

Unless the defendant's family has no other transportation:

ConvictionImpoundment/Immobilization Period

First10 days

Second (within 5 years)30 days

Third (within 10 years)90 days

Important: Impoundment/immobilization must NOT occur concurrently with incarceration.

Exception: Court may dismiss impoundment order for vehicles:

Owned by defendant but operated solely by defendant's employees, OR
Owned by defendant's business and operated by business employees

LICENSE SUSPENSION AND REVOCATION

Administrative Suspensions (§ 322.2615)

For Unlawful Alcohol Level (.08 or above for adults 21+):

First suspension: 6 months
Second or subsequent: 1 year

For Refusal to Submit to Testing:

First refusal: 1 year suspension + criminal charges (see Trenton's Law above)
Second or subsequent refusal: 18 months suspension + criminal charges

For Persons Under Age 21 (.02 or above) (§ 322.2616):

First suspension: 6 months
Second or subsequent: 1 year
If BAC ≥.05: Must complete substance abuse evaluation and course before reinstatement

Immediate Effect:

Suspension is effective immediately upon arrest or test refusal
Officer issues temporary permit valid for 10 days (if driver is otherwise eligible)
YOU HAVE ONLY 10 DAYS to request formal review hearing to contest suspension

Criminal Conviction Suspensions/Revocations

First DUI Conviction:

Minimum 6-month revocation
Maximum 1-year revocation

Second DUI Conviction (within 5 years):

Minimum 5-year revocation
May be eligible for hardship license after certain period

Third DUI Conviction (within 10 years of second):

Minimum 10-year revocation

DUI Manslaughter (no prior DUI convictions):

Permanent revocation (possible under Trenton's Law)
May be eligible for hardship reinstatement

Commercial Driver License (CDL) Disqualifications

For Driving CMV with BAC ≥.04 or Refusal:

First disqualification: 1 year
Second or subsequent: PERMANENT disqualification
NO hardship license to operate commercial vehicles

ENHANCED CHARGES AND FELONY CONVICTIONS

DUI with Property Damage or Personal Injury (§ 316.193(3))

First-degree misdemeanor
Up to $1,000 fine
Up to 1 year imprisonment

DUI with Serious Bodily Injury (§ 316.193(3))

Third-degree felony
Up to $5,000 fine
Up to 5 years imprisonment
Enhanced penalties if habitual/violent offender (§ 775.084)

DUI Manslaughter (§ 316.193(3))

Second-degree felony (first conviction)
- Up to $10,000 fine
- Up to 15 years imprisonment
- MANDATORY MINIMUM: 4 years imprisonment
First-degree felony (second or subsequent conviction - TRENTON'S LAW)
- Up to $10,000 fine
- UP TO 30 YEARS imprisonment
- MANDATORY MINIMUM: 4 years imprisonment

DUI Manslaughter - Leaving the Scene

First-degree felony
Up to $10,000 fine
Up to 30 years imprisonment
Applies when driver knew or should have known accident occurred and failed to render aid

Vehicular Homicide (§ 316.193(3))

Second-degree felony
Up to $10,000 fine
Up to 15 years imprisonment

Vehicular Homicide - Leaving the Scene

First-degree felony
Up to $10,000 fine
Up to 30 years imprisonment

Third DUI within 10 Years or Fourth/Subsequent DUI

Third-degree felony
Up to $5,000 fine
Up to 5 years imprisonment

DUI SCHOOL AND TREATMENT REQUIREMENTS

First Conviction:

Must complete DUI school before hardship reinstatement
If waiting out entire revocation period: Only need proof of enrollment or completion to be re-licensed
If reinstated: Must complete DUI school within 90 days or license will be cancelled

Second Conviction within 5 Years or Third within 10 Years:

Must complete DUI school following conviction
Required for any license reinstatement

DUI with Serious Bodily Injury or Manslaughter:

Must complete DUI school
Minimum 3-year revocation period (serious bodily injury)
Permanent revocation possible (manslaughter under Trenton's Law)

Psychosocial Evaluation and Treatment:

Treatment may be recommended based on evaluation
Treatment requirement cannot be waived without supporting evaluation by court-appointed agency
Agency must have access to original evaluation

HARDSHIP LICENSE (BUSINESS OR EMPLOYMENT PURPOSES)

Eligibility Requirements:

For Suspension - Unlawful Alcohol Level (.08 or above):

Must show proof of DUI school enrollment
Must apply for administrative hearing
Must serve 30 days without any license or permit before eligible for hardship
May be granted for business/employment purposes only

For First Refusal:

Must show proof of DUI school enrollment
Must serve 90 days without any license or permit before eligible for hardship
May be granted for business/employment purposes only

For Persons Under Age 21:

Must complete Traffic Law and Substance Abuse Education course
If BAC ≥.05: Must complete DUI program before eligibility
Must serve 30 days hard suspension before hardship eligibility

HARDSHIP LICENSE PROHIBITED FOR:

Second or subsequent refusal to submit to testing - NO hardship available
Two or more DUI convictions (§ 316.193) - NO hardship available
CMV operators - Cannot obtain hardship to operate commercial vehicles

Permitted Uses for Hardship License:

Employment or business purposes
Educational purposes
Church attendance
Medical treatment for license holder or immediate family
Ignition interlock device maintenance

CHEMICAL TEST PROVISIONS (IMPLIED CONSENT LAW)

Florida Statutes §§ 316.1932, 316.1933, 316.1934, 316.1939

Refusal to Submit to Testing:

CRITICAL CHANGE - TRENTON'S LAW: As of October 1, 2025, refusing a breath or urine test is now a CRIMINAL OFFENSE:

First Refusal: Second-degree misdemeanor
- Up to 60 days jail
- Up to $500 fine
- PLUS 1-year administrative license suspension
Second or Subsequent Refusal: First-degree misdemeanor (or felony per some sources)
- Up to 1 year jail
- Up to $1,000 fine
- PLUS 18-month administrative license suspension

Admissibility: Refusal to submit to testing is admissible as evidence in DUI criminal proceedings.

Forcible Blood Withdrawal:

In cases involving serious bodily injury or death, blood may be withdrawn by authorized medical personnel
Reasonable force by arresting officer is permitted, even if driver refuses
This applies when there is probable cause to believe DUI caused serious injury or death

Unconscious Drivers:

A person incapable of refusing due to unconsciousness or other mental/physical condition is deemed NOT to have withdrawn consent
Blood test may be administered without warning about suspension consequences
Medical personnel may draw blood in these circumstances

Portable Breath Testing Devices (§ 322.2616):

Authorized for persons under age 21
Reading admissible in administrative hearings under § 322.2616
Used for preliminary screening

CONDITIONS FOR RELEASE FROM CUSTODY (§ 316.193(9))

Person must NOT be released until:

Person is no longer under the influence, AND
Person's normal faculties are no longer impaired, AND
Person's blood/breath alcohol level is below 0.05, OR
Eight (8) hours have elapsed from time of arrest

ADJUDICATION AND SENTENCING RESTRICTIONS (§ 316.656)

Court Restrictions:

MANDATORY PROVISIONS:

Courts are PROHIBITED from withholding adjudication in DUI cases
Judges CANNOT reduce DUI charge if defendant's BAC was .15 or greater
Judges CANNOT accept plea to lesser-included offense in DUI cases
Judges PROHIBITED from deviating from mandatory administrative suspension/revocation periods

Purpose: These restrictions ensure uniform application of DUI penalties statewide

DRIVING WHILE LICENSE SUSPENDED OR REVOKED (§ 322.34)

Enhanced Penalties for DUI-Related Suspensions:

If your license is suspended/revoked for:

Driving with Unlawful Alcohol Level, OR
DUI conviction, OR
DUI Manslaughter, OR
Vehicular Homicide

AND you drive while suspended/revoked and cause death or serious bodily injury by operating vehicle in careless/negligent manner:

Penalty: Third-degree felony

Up to 5 years imprisonment
Up to $5,000 fine
Or both

BOATING UNDER THE INFLUENCE (BUI)

IMPORTANT: Trenton's Law also applies to BUI offenses:

Same criminal penalties for breath test refusal
Same enhanced penalties for repeat BUI manslaughter (up to 30 years)
Same administrative consequences
BUI convictions count as prior offenses for DUI purposes

REVIEW HEARINGS - ADMINISTRATIVE SUSPENSIONS

Formal and Informal Review Process (§§ 322.2615, 322.64):

Timeline: Driver may request Department of Highway Safety and Motor Vehicles (DHSMV) to conduct review hearings

Purpose: To sustain, amend, or invalidate administrative suspensions/disqualifications

Important Limitations:

DHSMV decisions NOT considered in any criminal trial for DUI
Written statements submitted in review process NOT admissible in criminal trial
Disposition of criminal proceedings does NOT affect administrative suspension/disqualification

Request Review Immediately: You have only 10 days from arrest to request formal review hearing

IMPORTANT REMINDERS

CRITICAL DEADLINES:

YOU HAVE ONLY 10 DAYS FROM ARREST TO:

Request formal review hearing to contest license suspension
Protect your driving privileges
Challenge the administrative suspension

AFTER 10 DAYS: Automatic suspension takes effect with NO opportunity to challenge

Recent Law Changes Summary:

Breath test refusal now a criminal offense (effective Oct 1, 2025) Enhanced 30-year maximum for repeat DUI manslaughter (effective Oct 1, 2025)
Permanent license revocation possible for certain repeat offenders (effective Oct 1, 2025) Applies to BUI (boating) offenses as well as DUI Only applies to offenses on or after October 1, 2025 (not retroactive)

Key Statutory References:

DUI Offenses: Florida Statute § 316.193
Administrative Suspensions: Florida Statute § 322.2615
Implied Consent: Florida Statutes §§ 316.1932, 316.1933, 316.1934
Ignition Interlock: Florida Statutes §§ 316.1937, 322.2715
Sentencing Restrictions: Florida Statute § 316.656
DWLSR Enhanced: Florida Statute § 322.34
Under 21 Provisions: Florida Statute § 322.2616
Trenton's Law: House Bill 687 (2025)

DEFEND YOUR RIGHTS IMMEDIATELY

The information on this page reflects Florida DUI laws as of February 2026. These laws are complex and the penalties are severe. Recent changes under Trenton's Law have made Florida DUI penalties among the strictest in the nation.

Alan S. Bernstein, P.A. understands:

The science of breath, blood, and urine testing
Constitutional challenges to DUI stops and arrests
How to challenge field sobriety tests and chemical test results
Miranda violations and due process concerns
Discovery and suppression motions
All facets of DUI defense in the post-Trenton's Law era

Serving: Broward, Miami-Dade, Palm Beach, Hendry, and Glades Counties

TIME IS CRITICAL

You have only 10 days to fight the suspension of your driver's license.

Call NOW for a free, no-obligation consultation:

Main Office: 954-925-3111
Evenings & Weekends: 954-347-1000
Email: alanbernsteinlaw@gmail.com

Office Location:
2131 Hollywood Blvd, Suite 201
Hollywood, FL 33020

West Palm Beach: By appointment only

Coral Springs: By appointment only

This information is for general educational purposes only and does not constitute legal advice. DUI laws are complex and subject to change. The information provided here reflects Florida law as of February 2026, including the changes implemented by Trenton's Law (HB 687) effective October 1, 2025. For specific legal advice regarding your situation, consult with a qualified DUI defense attorney immediately.

Receipt or viewing of this information does not create an attorney-client relationship.

Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation. You only have 10 days to fight the suspension of your driver’s license. Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.