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From First DUI to Death Penalty
What Are the Penalties for DUI in Florida? (2026)
Updated October 22, 2026
A first DUI in Florida carries up to 6 months in jail, a fine of $500 to $1,000, up to 1 year of probation, at least 50 hours of community service, DUI school, a 10-day vehicle impoundment, and a license revocation of 180 days to 1 year. A breath result of 0.15 or higher or a child in the car raises the maximums. A second DUI within 5 years brings at least 10 days in jail, a third within 10 years is a felony, and any fourth DUI is a felony. Trenton’s Law, effective October 1, 2025, made a first breath-test refusal a crime and made DUI manslaughter with a prior homicide-type conviction a first-degree felony.
A Hillsborough County judge sentencing a DUI starts with two questions: what the law requires, and what the driver has already done to address the problem. The first question is fixed by statute. The second is where our attorneys at The Brancato Law Firm do most of the work. As founder of the firm, a Tampa criminal defense practice, and a member of the National College for DUI Defense, I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict.
This guide lays out every penalty tier in section 316.193, Florida Statutes, as it reads in 2026, what Trenton’s Law changed, and how DUI cases are reduced in Hillsborough County.
What are the penalties for a first DUI in Florida?
A first DUI is a misdemeanor punishable by up to 6 months in jail and a fine of $500 to $1,000. The statute adds several requirements that apply even when the judge imposes no jail.
| Requirement | First DUI under § 316.193 |
|---|---|
| Jail | Up to 6 months; no mandatory jail |
| Fine | $500 to $1,000, plus a $135 court cost under § 938.07 |
| Probation | Up to 1 year, with monthly reporting |
| Community service | At least 50 hours |
| DUI school | Substance abuse education course with a psychosocial evaluation, and treatment if referred |
| Vehicle impoundment | 10 days, not concurrent with any jail |
| License revocation | At least 180 days, up to 1 year, under § 322.28 |
| Ignition interlock | Up to the judge for a result of 0.08 to 0.149 |
The court cost comes from section 938.07, Florida Statutes, and the revocation from section 322.28, Florida Statutes. The total of probation and jail cannot exceed 1 year. Our attorneys at The Brancato Law Firm explain each of these to clients at the first meeting, because most people only expect the fine.
What happens if your blood alcohol was 0.15 or higher?
The maximums go up. Under section 316.193(4), a breath or blood result of 0.15 or higher, or having a passenger under 18 in the vehicle, raises a first-offense fine to $1,000 to $2,000 and the jail maximum to 9 months. The court must order an ignition interlock for at least 6 continuous months.
The 0.15 result also limits plea bargaining. Under section 316.656, Florida Statutes, a judge may not accept a plea to a lesser offense from a driver whose test showed 0.15 or higher. That makes the accuracy of the breath result the central issue in a high-result case. Our post on what happens when an Intoxilyzer was not properly maintained explains how our attorneys challenge it.
What are the penalties for a second, third, or fourth DUI?
The penalties climb with each prior conviction, and the timing of the priors decides the tier.
| Conviction | Classification | Jail or prison | Fine | Mandatory jail | Impoundment | Revocation |
|---|---|---|---|---|---|---|
| Second DUI | Misdemeanor | Up to 9 months (12 at 0.15 or with a minor) | $1,000 to $2,000 | 10 days if within 5 years of a prior | 30 days if within 5 years | At least 5 years if within 5 years |
| Third DUI within 10 years | Third-degree felony | Up to 5 years in prison | Up to $5,000 | 30 days | 90 days | At least 10 years |
| Third DUI more than 10 years after a prior | Misdemeanor | Up to 12 months | $2,000 to $5,000 | None stated | None stated | Set by § 322.28 |
| Fourth or later DUI, any time | Third-degree felony | Up to 5 years in prison | At least $2,000 | None stated | None stated | Permanent |
Ignition interlock is required for at least 1 year after a second conviction, at least 2 years after a third, and at least 5 years after a fourth under section 322.2715, Florida Statutes. The 10-day and 30-day jail minimums must include at least 48 consecutive hours. Because a prior DUI from years ago can turn a new case into a felony, The Brancato Law Firm verifies every prior conviction on the driving record before advising a client on a plea.
When is a DUI a felony in Florida?
A DUI is a felony in four situations: a third DUI within 10 years of a prior conviction, any fourth DUI, a DUI that causes serious bodily injury, and DUI manslaughter.
| Charge | Statute | Classification | Maximum |
|---|---|---|---|
| DUI with damage to property or a person | § 316.193(3)(c)1. | First-degree misdemeanor | 1 year in jail |
| DUI with serious bodily injury | § 316.193(3)(c)2. | Third-degree felony | 5 years in prison |
| DUI manslaughter | § 316.193(3)(c)3.a. | Second-degree felony | 15 years, with a 4-year mandatory minimum |
| DUI manslaughter, failing to render aid | § 316.193(3)(c)3.b. | First-degree felony | 30 years, with a 4-year mandatory minimum |
| DUI manslaughter with a prior homicide-type conviction | § 316.193(3)(c)3.c. (Trenton’s Law) | First-degree felony | 30 years, with a 4-year mandatory minimum |
The statute states that “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.” The prison maximums for each degree come from section 775.082, Florida Statutes. Our Tampa DUI lawyer team defends felony DUI and DUI manslaughter cases with accident reconstruction and forensic toxicology, as described in our post on retrograde extrapolation in Florida DUI cases.
What did Trenton’s Law change?
Trenton’s Law, chapter 2025-121, Laws of Florida, took effect October 1, 2025 and made two changes to DUI penalties. First, a first refusal of a lawful breath or urine test is now a second-degree misdemeanor under section 316.1939, punishable by up to 60 days in jail. Before that date, a first refusal was not a crime. Second, DUI manslaughter is now a first-degree felony when the driver has a prior conviction for DUI manslaughter, boating under the influence manslaughter, vehicular homicide, or vessel homicide.
Trenton’s Law did not change the second, third, or fourth DUI tiers, the license revocations, or the 4-year DUI manslaughter minimum. In practice, a refusal arrest now usually means two charges, the DUI and the refusal, and our attorneys at The Brancato Law Firm defend both together. Our guide on whether refusing a breathalyzer is a crime in Florida covers the refusal charge in detail.
Did Florida change DUI penalties in 2026?
No. The 2026 Legislature considered a bill to raise DUI penalties, HB 1549, but it died in committee on March 13, 2026, according to the Florida Senate’s bill history. The only 2026 changes to these statutes were a cross-reference correction in section 316.193 and a procedural change allowing the Department to email informal license review decisions, effective October 1, 2026. The Brancato Law Firm rechecks these statutes after every legislative session.
How many DUI cases does Hillsborough County handle?
Thousands every year. FDLE’s Total Arrests by County, 2020, the most recent county-level FDLE table, counted 2,808 DUI arrests in Hillsborough County, 2,027 in Pinellas County, and 661 in Pasco County, out of 29,115 statewide.
The Florida Department of Transportation’s FY2025 Highway Safety Annual Report says the MADD court monitoring program tracked more than 4,100 DUI cases in Hillsborough County from October 2024 through September 2025. The human cost behind those numbers is real: the National Highway Traffic Safety Administration’s State Alcohol-Impaired-Driving Estimates: 2024 Data counted 769 alcohol-impaired-driving deaths in Florida in 2024, 24% of all traffic deaths in the state.
Research supports at least one of these requirements. A study in the American Journal of Public Health, Impact of State Ignition Interlock Laws on Alcohol-Involved Crash Deaths in the United States (Kaufman and Wiebe, 2016), found lower alcohol-involved crash death rates in states with interlock requirements for all offenders.
Can DUI penalties be reduced in Hillsborough County?
Yes, in many cases. The most common paths are a challenge to the stop or the breath test that leads to a dismissal or a reduction, a negotiated plea to reckless driving, and diversion for eligible first-time drivers. The Hillsborough State Attorney’s Office lists a diversion program called Reducing Impaired Driving Recidivism (RIDR) on its programs page. A crash can make a driver ineligible.
What persuades a prosecutor is evidence. Our attorneys gather the video and test records, and we document what the client has done since the arrest: a substance abuse evaluation, treatment if recommended, and a mitigation report. Recent results from our firm:
| Charge | Result |
|---|---|
| DUI (airline pilot, July 2026) | Reduced to reckless driving, protecting his career |
| DUI, leaving the scene, and refusal (July 2026) | Reduced to reckless driving with adjudication withheld; not eligible for RIDR because of the crash |
| Marijuana DUI (September 2025) | Reduced to reckless driving |
| DUI with open containers but no impairment (September 2025) | Reduced to reckless driving |
Past results do not guarantee future outcomes. More results are on our case results page, and our guide on how to fight a DUI charge in Hillsborough County explains the defenses.
What should you do after a DUI arrest?
Start with the license deadline. You have 10 days from the notice of suspension to request a review, and our guide on how to protect your license after a Tampa DUI arrest explains your options. Then gather your driving record so the prior-conviction question is answered early, and do not discuss the arrest with anyone but your lawyer. A substance abuse evaluation completed before the first court date often helps the sentencing discussion later.
Frequently asked questions about Florida DUI penalties
Can DUI charges be dropped in Florida?
Yes. DUI charges can be dropped or reduced when the stop was unlawful, the breath test was unreliable, or the evidence of impairment is weak. The Brancato Law Firm reviews the video, the breath instrument records, and the arrest paperwork before any plea discussion.
Will I go to jail for a first DUI in Hillsborough County?
Not necessarily. A first DUI carries up to 6 months in jail but no mandatory jail, and many first-time cases resolve with probation and the statutory conditions. Our attorneys at The Brancato Law Firm present treatment and mitigation to keep jail off the table, and you can read more on our Tampa DUI defense page.
Is a third DUI always a felony in Florida?
No. A third DUI is a third-degree felony only if it comes within 10 years of a prior conviction, while any fourth DUI is a felony regardless of timing. The Brancato Law Firm checks the dates of every prior conviction, because that timing can decide whether the case is a misdemeanor or a felony.
Is an ignition interlock required for a first DUI?
Only in some cases. The judge may order an interlock for a first DUI, but it is mandatory for at least 6 months when the result was 0.15 or higher or a minor was in the car. Our attorneys at The Brancato Law Firm challenge the breath result when it is the only reason the interlock is required, as explained in our Intoxilyzer maintenance guide.
Does Trenton’s Law make DUI penalties harsher?
Partly. It made a first breath-test refusal a crime and raised DUI manslaughter to a first-degree felony for drivers with a prior homicide-type conviction, but it did not change the regular DUI tiers. The Brancato Law Firm explains how the new law applies to the date of your arrest.
What is the RIDR program in Hillsborough County?
RIDR, Reducing Impaired Driving Recidivism, is a diversion program run by the Hillsborough State Attorney’s Office for eligible DUI cases. Our attorneys at The Brancato Law Firm evaluate eligibility early, because a crash or other aggravating fact can rule it out.
Call our Tampa DUI defense attorneys today
The penalties in a DUI case are set by statute, but the outcome is not. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will protect your license within the 10-day window, verify your record, and build the case for dismissal, diversion, or a reduction. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.
For more about our defense strategies, visit our DUI defense page.
The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.
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