A second DUI in Florida carries far heavier penalties than a first. Under Florida Statute 316.193, a second conviction can bring up to 9 months in jail, fines from $1,000 to $2,000, a long license revocation, a mandatory ignition interlock device, and the Level II DUI course. The exact penalties depend on one key factor: how much time has passed since your first conviction.
That timing is called the 5-year lookback rule. If your second DUI conviction falls within five years of your first, the law forces the judge to impose a mandatory minimum of 10 days in jail and a 5-year license loss. If more than five years have passed, the penalties are lighter but still tougher than a first offense. This guide breaks down the jail time, fines, and license rules for both scenarios, updated for 2026.
What Counts as a Second DUI in Florida?
A second DUI is any DUI conviction when you already have one prior DUI on your record. It does not matter how long ago the first one happened, and a prior charge that was reduced to reckless driving can still count. Florida uses your lifetime record to label you a repeat offender. But the gap between your two convictions decides how harsh the penalties are.
The 5-Year Lookback Rule
The 5-year lookback rule is the most important factor in a second DUI case. Florida checks whether your second conviction falls within five years of your first.
- Second DUI within 5 years: Mandatory penalties apply. The judge must impose jail, a 5-year license loss, and an interlock device.
- Second DUI after 5 years: The offense is still enhanced, but there is no mandatory minimum jail and no 5-year revocation.
What Are the Penalties for a Second DUI in Florida?
A second DUI carries jail, fines, license revocation, a mandatory interlock device, vehicle impoundment, and DUI school. The amounts depend on the 5-year rule and on aggravating factors like a high breath-alcohol level. Here is a side-by-side view.
| Penalty | Within 5 years | After 5 years |
|---|---|---|
| Jail time | Minimum 10 days, up to 9 months | No minimum, up to 9 months |
| Standard fine | $1,000 to $2,000 | $1,000 to $2,000 |
| License revocation | Minimum 5 years | 6 to 12 months |
| Hardship license | Possible after 1 year | Not allowed during revocation |
| Ignition interlock | At least 1 year | At least 1 year |
| Vehicle impoundment | 30 days | 10 days |
| DUI school | Level II course | Level II course |
Jail rises to 12 months and fines rise to $2,000 to $4,000 when your BAC is 0.15 or higher, or a minor was in the vehicle.
How Much Jail Time Do You Get for a Second DUI?
Jail time for a second DUI depends on the 5-year rule. A second conviction within five years carries a mandatory minimum of 10 days in county jail, up to a maximum of 9 months. This minimum is written into the statute, so the judge cannot waive it.
A second conviction after five years has no mandatory minimum. The judge can still order up to 9 months based on the facts of your case. Jail rises to a maximum of 12 months when your BAC was 0.15 or higher, or a minor under 18 was in the car.
How Much Are the Fines for a Second DUI?
Fines for a second DUI range from $1,000 to $2,000 for a standard offense. If your BAC was 0.15 or higher, or a minor was in the vehicle, the range jumps to $2,000 to $4,000.
These are court fines only. They do not include court costs, DUI school fees, interlock rental, towing, or higher insurance, which often add several thousand dollars more.
What Happens to Your License After a Second DUI?
Your license outcome depends on the 5-year rule. License action is handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), separate from your criminal case. You can lose your license even if the judge gives you no jail time.
License Revocation Within 5 Years
A second conviction within five years means the FLHSMV revokes your license for a minimum of five years under Florida Statute 322.28. Because the license case is separate from the court case, this revocation stands on its own.
License Revocation After 5 Years
A second conviction after five years carries the same revocation range as a first offense, which is 6 to 12 months. During that window, you cannot get a hardship license, even though your prior DUI was years ago.
How to Get a Hardship License
A hardship license lets you drive for work, school, and essential errands. After a 5-year revocation, you may apply for hardship reinstatement once one full year has passed. To qualify, you must enroll in a licensed DUI program’s special supervision services and stay free of alcohol and drugs during the waiting period. Boca Bay DUI Program Inc provides this special supervision pathway and guides you through the application. [Internal link: /dui-courses/]
Do You Need an Ignition Interlock Device?
Yes. A second DUI conviction requires an ignition interlock device (IID) for at least one continuous year. If your BAC was 0.15 or higher, or a minor was in the car, the interlock period rises to at least two years. This rule comes from Florida Statute 322.2715.
An IID is a small breathalyzer wired to your ignition. You must blow a clean sample before the engine will start. A state-approved vendor installs it on any vehicle you own or regularly drive, and you pay the fees.
Is a Second DUI a Felony in Florida?
No. A second DUI is a misdemeanor in Florida, as long as no one suffered serious injury or death. It carries harsher penalties than a first DUI, but the count alone does not make it a felony.
A DUI becomes a felony in other situations: a third DUI within 10 years, a DUI causing serious bodily injury, or a fourth DUI at any time. So while your second DUI stays a misdemeanor, a future third could cross into felony territory.
What DUI School Do You Need After a Second DUI?
A second DUI requires the Level II DUI course, also called the multiple offender course. It is longer than the Level I course used for a first offense, and Florida law makes it a condition of both your sentence and your reinstatement. The Level II program adds a private evaluation interview and screens for substance use, so you can complete any treatment the state requires.
Boca Bay DUI Program Inc offers the Level II DUI course for drivers with more than one DUI arrest. Enrolling early keeps your reinstatement options open. [Internal link: /dui-courses/#leveltwo]
What Should You Do After a Second DUI Arrest?
Acting fast protects your license. Your license is suspended at arrest, and you have only 10 days to challenge it or apply for a hardship license through the FLHSMV. Miss that window and you can lose driving privileges for months while your case moves through court.
From there, three steps matter most: talk to a Florida DUI attorney early, since a second DUI carries mandatory penalties; enroll in the Level II DUI course, which can support both your hardship application and your court case; and avoid alcohol and drugs, which is required if you later seek reinstatement.
Frequently Asked Questions
How long does a DUI stay on your record in Florida?
A DUI stays on your Florida driving record for 75 years and on your criminal record for life. Florida does not allow DUI convictions to be sealed or expunged. That is why the count keeps rising with every new offense.
Do you go to jail immediately for a second DUI?
Not always at arrest, but jail is likely at sentencing. A second conviction within five years carries a mandatory minimum of 10 days. A second conviction after five years has no minimum, though the judge can still order up to 9 months.
Can you get a second DUI reduced to reckless driving?
Sometimes. A prosecutor may agree to reduce a DUI to reckless driving, often called a “wet reckless,” based on the evidence and your record. Even so, that reduced charge can still count as a prior if you are arrested again.
Can you refuse a breath test on a second DUI?
You can refuse, but refusal has its own penalty. A second refusal is a separate misdemeanor and triggers an 18-month license suspension. Refusal can also be used against you in court.
What is the difference between the Level I and Level II DUI course?
The Level I course is for first offenders and is shorter. The Level II course is for drivers with more than one DUI and runs longer, adding class time and closer screening for substance use. A second DUI requires the Level II course.
