2nd DUI in 5 Years in Florida: Fines, Jail, and 5-Year Revocation

A second DUI in 5 years in Florida carries a mandatory minimum of 10 days in jail, fines of $1,000 to $2,000, and a five-year driver’s license revocation on conviction. If your blood-alcohol level was 0.15 or higher, or a child under 18 was in the vehicle, the fines double to $2,000–$4,000 and the ignition interlock period doubles as well. Florida measures the five-year window from the date of your prior conviction to the date of the new offense.¹ A second DUI outside that window still triggers higher fines than a first offense, but not the mandatory jail floor.

The case runs on two tracks at once. The Department of Highway Safety and Motor Vehicles suspends your license administratively starting at arrest, while the criminal case moves forward separately with its own penalties.

License Suspension Starts at Arrest

When the officer arrests you, they take your license on behalf of the DHSMV and issue a temporary permit that expires at midnight on the tenth day after arrest.² This is separate from any revocation a judge imposes later.

If you took the breath or blood test and blew 0.08 or higher and you have a prior suspension, the administrative suspension runs one year. If you refused the test and your license was previously suspended for a prior refusal, the period is 18 months.²

You have 10 days from arrest to request a formal review hearing with the DHSMV to challenge the suspension. Miss that window and the suspension stands automatically.²

Jail Time and Fines

Standard Penalties

For a second conviction within five years where your BAL was below 0.15 and no minor was in the vehicle, the court must impose a fine between $1,000 and $2,000 and a jail sentence with a mandatory minimum of 10 days, at least 48 hours of which must be consecutive. The maximum sentence is nine months.¹

Enhanced Penalties for BAL of 0.15+ or a Minor Passenger

If your BAL was 0.15 or higher, or a child under 18 was in the vehicle, the fine range rises to $2,000–$4,000 and the maximum jail sentence increases to 12 months. The 10-day mandatory minimum still applies.¹

Probation

The court places all DUI offenders on monthly reporting probation and requires completion of a substance abuse course through a licensed DUI program, including a psychosocial evaluation. If the evaluation results in a referral to a treatment provider, finishing that treatment becomes a condition of probation. For a first offense, combined probation and incarceration cannot exceed one year; that explicit cap does not appear in the statute for a second offense, so probation may extend further at the court’s discretion.¹

Five-Year License Revocation After Conviction

A conviction triggers a separate license revocation of at least five years under Florida law, on top of the administrative suspension that began at arrest.³ The two penalties overlap but serve different purposes: the administrative suspension punishes the failed test or refusal, and the revocation punishes the criminal conviction. The five-year clock runs from the conviction date.

Florida law allows a person sentenced under this provision to petition for a hearing regarding limited driving privileges under Section 322.271. Any restricted license requires completing DUI school and meeting other conditions.³

Vehicle Impoundment and Ignition Interlock

As a condition of probation, the court must order all vehicles you own to be impounded or immobilized for 30 days. The impoundment cannot run at the same time as any jail sentence, and it must run concurrently with the license revocation period. In practice, your vehicles sit locked down for a month after you’re released from jail.¹

An ignition interlock device is a breath tester wired to your ignition; you blow into it before starting the car, and if it detects alcohol the engine won’t turn over. For a standard second conviction, the interlock must stay on every vehicle you own or regularly drive for at least one year.¹ If your BAL was 0.15 or higher, or a minor was in the vehicle, the minimum interlock period doubles to two continuous years.⁴

You pay for everything: installation runs roughly $125 to $350, with monthly monitoring fees of about $70 to $125.

DUI School and Substance Abuse Evaluation

Before your license can be reinstated, you must complete Level II DUI school: 21 hours of classroom instruction plus a face-to-face interview with a certified evaluator who screens for substance dependency.⁵ If the evaluator identifies a risk of reoffending, you’ll be referred to a treatment provider for further evaluation and possible counseling, therapy, or another program. Completion of both the school and any referred treatment is reported electronically to the DHSMV, and your license cannot be restored without it.⁶

FR-44 Insurance Requirement

Florida requires DUI offenders to file an FR-44 certificate of insurance before their license can be reinstated. The FR-44 demands far more coverage than the state’s normal minimums: at least $100,000 in bodily injury liability per person, $300,000 per crash, and $50,000 in property damage liability.⁷ Florida’s standard minimum liability requirement, by comparison, is just $10,000 in property damage with no mandatory bodily injury coverage.

You must maintain the FR-44 for three years. Any lapse in coverage triggers an automatic license suspension. Premium increases of two to four times the prior rate are common.

Commercial Driver’s License Consequences

If you hold a commercial driver’s license, a second DUI conviction results in a lifetime CDL disqualification under federal law, regardless of whether you were driving a commercial vehicle at the time.⁸ This applies even if the two incidents occurred years apart and in different states. Federal regulations allow the possibility of reinstatement after 10 years under guidelines established by the Secretary of Transportation, with the decision resting with the state licensing agency.⁹

Out-of-State Licenses and Travel to Canada

Switching to an out-of-state license won’t get around a Florida revocation. Florida belongs to the Driver License Compact, which reports the conviction and suspension back to your home state, and your home state applies its own penalties on top of Florida’s.¹⁰

A second DUI can also create permanent problems at the Canadian border. Canada classifies impaired driving as a serious criminal offense under its immigration law, and two or more convictions can render you criminally inadmissible for life. The main options for entry are a Temporary Resident Permit, which must be renewed and requires a compelling reason to travel, or Criminal Rehabilitation, which cannot be filed until at least five years after all sentencing and probation have been completed.

What It All Costs

The court-imposed fine is often the smallest line item. Add these on top:

Ignition interlock: $125 to $350 to install, plus $70 to $125 per month for one to two years.
FR-44 insurance: three years of premiums often two to four times your prior rate.
DUI school and any referred treatment.
Towing and storage fees for the 30-day impoundment of every vehicle you own.
Attorney fees for a repeat DUI defense, typically $1,500 to $25,000 depending on complexity and whether the case goes to trial.

The five-year license revocation and its effects on work, childcare, and daily life tend to be what people remember long after the fines are paid.

1
Justia Law. Florida Code 316.193 – Driving Under the Influence; Penalties
2
Florida Senate. Florida Code 322.2615 – Suspension of License; Right of Review
3
Florida Senate. Florida Code 322.28 – Period of Suspension or Revocation
4
Florida Highway Safety and Motor Vehicles. Ignition Interlock Program
5
Northeast Florida Safety Council. DUI School
6
Florida Safety Council. DUI Courses
7
Online Sunshine. Florida Code 324.023 – Financial Responsibility
8
GovInfo. 49 USC 31310 – Disqualifications
9
eCFR. 49 CFR 383.51 – Disqualification of Drivers
10
CSG National Center for Interstate Compacts. Driver License Compact