Florida DUI / DWI Penalties (2026)
Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Florida: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Florida, consult a licensed Florida criminal defense attorney.
Florida DUI / DWI Penalties
| Offense | Penalty |
|---|---|
| First Offense | Up to 6 months jail, $500–$1,000 fine, 180-day suspension |
| Second Offense | Up to 9 months jail, $1,000–$2,000 fine, 5-year revocation (if within 5 years) |
Florida has no lookback period for prior DUI convictions
DUI / DWI Statute of Limitations in Florida
In Florida, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.
Defending Against DUI / DWI Charges in Florida
Common defenses in Florida dui / dwi cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a Florida criminal defense attorney for advice.
Related Florida Laws
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication