A second DUI in Florida
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Ten days of jail if it falls inside five years. The five-year window is what decides your case. Inside it the court must order at least ten days of imprisonment, of which at least 48 hours must be consecutive, and must impound or immobilize every vehicle you own for 30 days — separately from the jail time, not at the same time. A second conviction also carries a mandatory interlock of at least one year on every vehicle you routinely operate, at your expense.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second 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. Misdemeanor, with a mandatory interlock year
Confinement. Up to 9 months, and at least 10 days if within 5 years
Fine. $1,000 to $2,000
Florida Statutes § 316.193 · Fla. Stat. § 316.193(2)(a), (6)(b) · checked 2026-09-04
What turns this DUI into something worse
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 |
|---|---|---|
| A reading of 0.15 or higher, or a passenger under 18 | Doubles the fine and adds a mandatory interlock | Subsection (4) treats both facts the same way: $1,000 to $2,000 on a first conviction instead of $500 to $1,000, up to nine months instead of six, and an interlock for at least six continuous months — two years on a second. Only the current offense has to meet the reading. Florida Statutes § 316.193 · Fla. Stat. § 316.193(4) · 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 there a 2nd DUI in Florida with no jail time?
The five-year window is what decides your case. Inside it the court must order at least ten days of imprisonment, of which at least 48 hours must be consecutive, and must impound or immobilize every vehicle you own for 30 days — separately from the jail time, not at the same time. A second conviction also carries a mandatory interlock of at least one year on every vehicle you routinely operate, at your expense.
How likely is jail time for a second DUI in FL?
Start from what the statute forces and what it leaves to the judge. The floor here is up to 9 months, and at least 10 days if within 5 years, and it moves on the facts: a reading of 0.15 or higher, or a passenger under 18 means doubles the fine and adds a mandatory interlock. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DUI in Florida?
Misdemeanor, with a mandatory interlock year: up to 9 months, and at least 10 days if within 5 years, and a fine of $1,000 to $2,000. The range is set by Fla. Stat. § 316.193(2)(a), (6)(b), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Florida?
A reading of 0.15 or higher, or a passenger under 18 — doubles the fine and adds a mandatory interlock.
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 when it becomes a felony 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.