Is a DUI a felony in Florida?
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On a third inside ten years — or any fourth, ever. Florida has two different third offenses. A third within ten years of a prior conviction is a third-degree felony with a mandatory interlock of at least two years. A third more than ten years out is not a felony at all: it is a fine of $2,000 to $5,000 and up to twelve months. The fourth is where the window stops mattering — a fourth or subsequent conviction is a felony regardless of when the others happened.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in FL — and the paperwork will use none of them. Florida charges it under a section number, and that is what decides the range below.
Grade. Third-degree felony
Confinement. Up to 5 years
Fine. Not less than $2,000 on a fourth
Florida Statutes § 316.193 · Fla. Stat. § 316.193(2)(b); § 775.082(3)(e) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Serious bodily injury to someone else | Third-degree felony, regardless of priors | Causing or contributing to serious bodily injury while driving under the influence is a third-degree felony on its own. Mere property damage or injury is a first-degree misdemeanor. Florida Statutes § 316.193 · Fla. Stat. § 316.193(3)(c) · checked 2026-09-04 |
| A death | DUI manslaughter — second-degree felony, minimum 4 years | And a first-degree felony where the driver knew or should have known a crash occurred and failed to stop and render aid, or where there is a prior conviction for the same offense. The four-year mandatory minimum applies to every DUI manslaughter sentence. Florida Statutes § 316.193 · Fla. Stat. § 316.193(3)(c)3 · checked 2026-09-04 |
The device is a separate track
Florida does not order an interlock for every first conviction — it becomes mandatory at 0.15% BAL or with a minor in the car, and it is required whenever a convicted driver applies for a hardship or business-purposes license. Your term starts the day the "P" restriction lands on your license, not the day of the conviction.
In Florida the interlock term runs Court’s discretion and is administered by Florida Department of Highway Safety and Motor Vehicles — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Florida Department of Highway Safety and Motor Vehicles
Florida DUI questions
Is a DUI a felony in Florida?
On a third inside ten years — or any fourth, ever. Florida has two different third offenses. A third within ten years of a prior conviction is a third-degree felony with a mandatory interlock of at least two years. A third more than ten years out is not a felony at all: it is a fine of $2,000 to $5,000 and up to twelve months. The fourth is where the window stops mattering — a fourth or subsequent conviction is a felony regardless of when the others happened. Serious bodily injury to someone else: third-degree felony, regardless of priors. A death: dui manslaughter — second-degree felony, minimum 4 years.
What does a 3rd DUI in Florida carry?
Third-degree felony: up to 5 years, and a fine of not less than $2,000 on a fourth. The range is set by Fla. Stat. § 316.193(2)(b); § 775.082(3)(e), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Florida?
Serious bodily injury to someone else — third-degree felony, regardless of priors. A death — dui manslaughter — second-degree felony, minimum 4 years.
Does an interlock come with it in Florida?
Florida does not order an interlock for every first conviction — it becomes mandatory at 0.15% BAL or with a minor in the car, and it is required whenever a convicted driver applies for a hardship or business-purposes license. Your term starts the day the "P" restriction lands on your license, not the day of the conviction. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Florida Department of Highway Safety and Motor Vehicles.
Other steps in Florida: first offense penalties and second offense penalties.
All Florida DUI rules →Penalties across the states →Florida DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.