How Many DUIs Can You Get in Florida: Penalties and Revocation

Florida sets no legal limit on how many DUIs you can get, but the penalties climb sharply at each one and a fourth conviction is always a felony punishable by up to five years in prison. Every prior DUI counts against you for life, no matter how long ago it happened, so the state effectively has no washout period that resets the counter.

First DUI

A first conviction is a misdemeanor. Fines run from $500 to $1,000, and a judge can impose up to six months in jail. If your blood or breath alcohol level was 0.15 or higher, or a minor under 18 was in the vehicle, the fine range becomes $1,000 to $2,000 and maximum jail time rises to nine months.¹

The court must place you on probation for up to a year and require at least 50 hours of community service. Your vehicle is impounded or immobilized for 10 days. You also have to complete a substance abuse course through a state-licensed DUI program, which includes a psychosocial evaluation; if the evaluator says you need treatment, finishing it becomes a probation condition.¹

At the enhanced BAL of 0.15 or higher, a first offense also triggers a mandatory ignition interlock device for at least six months, installed and monitored at your expense.² For a standard first offense, the court can order an interlock but is not required to.

Second DUI

A second DUI stays a misdemeanor, but the numbers move. Fines run from $1,000 to $2,000, or $2,000 to $4,000 with a BAL of 0.15 or higher or a minor in the vehicle. Maximum jail time is nine months, or twelve months with those enhanced factors.¹

Timing is the key variable. If the second conviction falls within five years of the first, the judge must impose at least 10 days in jail, with at least 48 consecutive hours served, and vehicles are impounded for 30 days. An ignition interlock device is required for at least one year.¹ If more than five years have passed, you still face the full fine range and the one-year interlock, but the mandatory minimum jail sentence does not apply.

Third DUI

The third offense is where Florida draws its hardest line, and the dividing factor is whether the conviction falls within 10 years of a prior.

Within 10 years of any previous DUI, the third conviction is a third-degree felony with up to five years in state prison. The judge must impose at least 30 days in jail, with 48 consecutive hours served. Fines run from $2,000 to $5,000, or a $4,000 minimum with a BAL of 0.15 or higher or a minor present. Vehicles are impounded for 90 days, and an ignition interlock device is required for at least two years.¹²

If more than 10 years have passed since the last conviction, the third stays a misdemeanor. Maximum jail time is 12 months, the $2,000 to $5,000 fine range still applies, and the two-year interlock requirement still kicks in.¹ The 10-year window controls only the felony classification and the mandatory minimum jail time.

Fourth and Beyond

From the fourth conviction on, every DUI is a third-degree felony no matter how much time has passed since any prior.¹ A conviction from 25 years ago still counts toward your total. Nothing resets.

The maximum penalty for a third-degree felony is five years in prison.³ Fines start at $2,000 and reach $5,000, with a $4,000 minimum when the enhanced BAL or minor-passenger factors apply. Vehicle impoundment becomes permanent, and an ignition interlock device is required for at least five years.²

License Revocation at Each Level

Revocation periods are imposed by the court at sentencing and escalate with each conviction:

First DUI: revocation for 180 days to one year.
Second DUI within five years: mandatory five-year revocation.
Third DUI within 10 years: mandatory 10-year revocation.
Fourth or subsequent DUI: permanent revocation.

These periods run from the date of conviction.⁴

Hardship reinstatement is possible but slow. After a revocation of five years or less, you can petition for a restricted work-purposes license after 12 months. If the revocation exceeds five years, the wait is 24 months.⁵

Even a permanent revocation is not necessarily forever. If your license was permanently revoked for a fourth or subsequent DUI, you can petition for reinstatement five years after your last conviction or five years after release from incarceration, whichever is later. You must show that you’ve been drug-free for at least five years, haven’t driven without a license during that time, have no drug-related arrests in the prior five years, and have completed a licensed DUI program. If approved, the license is restricted to employment purposes for at least the first year.⁶

The Suspension That Happens Before Conviction

The court-imposed revocation above is separate from an administrative suspension that starts the day of arrest. The arresting officer takes your license and issues a 10-day temporary permit. The suspension takes effect automatically unless you request a hearing within those 10 days.⁷

For a first offense with a BAL of 0.08 or higher, the administrative suspension lasts six months, or one year if your license has previously been suspended under this provision. Refusing the breath, blood, or urine test triggers a one-year suspension for a first refusal and 18 months for a subsequent refusal. A second or subsequent refusal is also a first-degree misdemeanor on its own.⁷⁸ All of this happens regardless of whether you’re ultimately convicted of the DUI.

If Someone Is Hurt or Killed

The tier structure above assumes no injury. If a DUI causes physical harm to another person, including on a first offense, the charge jumps outside that structure. DUI causing serious bodily injury is a third-degree felony punishable by up to five years in prison.¹³ If the driver knew or should have known a crash occurred and left without helping, it becomes a first-degree felony with up to 30 years in prison. A DUI manslaughter conviction triggers permanent license revocation.⁴

If You Hold a Commercial Driver’s License

A CDL comes with a separate federal set of consequences, and they apply even when you were driving your personal vehicle. A first DUI conviction disqualifies you from operating a commercial vehicle for one year, or three years if you were hauling hazardous materials. A second DUI conviction in a separate incident results in lifetime disqualification.⁹

A lifetime CDL disqualification can sometimes be lifted. Federal law allows states to offer reinstatement after 10 years if the driver voluntarily completes an approved rehabilitation program. A third disqualifying offense after reinstatement makes the ban truly permanent.⁹

Immigration and Canada

DUI convictions can follow you past Florida’s borders. Two or more convictions can trigger immigration consequences for non-citizens, including risk of removal, inability to renew a visa, ineligibility for a green card, and denial of naturalization. A single conviction leaves an immigrant more exposed if a second arrest follows.

Travel to Canada is affected too. Canada reclassified impaired driving as a serious crime in 2018, raising the maximum penalty to 10 years, and a DUI conviction generally makes you inadmissible. For offenses after December 18, 2018, the automatic rehabilitation pathway that previously opened the border after enough time no longer applies. Entry requires a Temporary Resident Permit or Criminal Rehabilitation through the Canadian government, and multiple DUI convictions make either harder to win.

1
Justia Law. Florida Code 316 – Driving Under the Influence
2
Florida Senate. Florida Code 322 – Ignition Interlock Devices
3
Florida Senate. Florida Code 775 – Penalties for Felonies
4
Florida Senate. Florida Code 322 – Period of Suspension or Revocation
5
Florida Senate. Florida Code 322 – Authority to Modify Revocation, Cancellation, or Suspension Order
6
Online Sunshine. Florida Code 322 – Authority to Modify Revocation, Cancellation, or Suspension Order
7
Online Sunshine. Florida Code 322 – Suspension of License; Breath, Urine, or Blood Test
8
Florida Senate. Florida Code 316 – Tests for Alcohol, Chemical Substances, or Controlled Substances
9
eCFR. 49 CFR 383.51 – Disqualification of Drivers