DUI Penalties, Priors & Felony DUI

What are the penalties for a second DUI?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Up to nine months and $1,000 to $2,000 — but a second within five years carries a mandatory ten days in jail and a five-year revocation.

The statutory range for a second conviction is up to nine months with a fine of $1,000 to $2,000. With a minor passenger or a reading at or above .15, it rises to up to twelve months and $2,000 to $4,000.

The timing is what matters most. A second offense within five years of a prior carries a mandatory minimum of ten days in jail, a thirty-day vehicle impoundment, and a five-year license revocation with hardship eligibility possible after a year.

Outside that five-year window, the mandatory jail minimum doesn't apply and the revocation periods are shorter.

That distinction makes the date of the prior conviction one of the first things to verify. Records contain errors, out-of-state convictions get characterized incorrectly, and whether a prior actually qualifies is a question the State has to prove rather than assert.

Check the prior's date and disposition before anything else. It decides the exposure. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.