Florida defines “under the influence” as impaired to the extent that the person is deprived of full possession of normal faculties. However, a per se DUI requires only a BAC of .08% or more. The BAC threshold is reduced to .04% if the licensee is driving a commercial vehicle.
| 1st Offense | 2nd Offense | Misdemeanor 3rd Offense | Felony 3rd Offense | |
| Jail | Up to 6 months (up to 9 months if aggravated) |
Up to 9 months (up to 12 months if aggravated) |
Up to 12 months |
30 days to 5 years |
| Fines | $500 to $1,000 ($1,000 to $2,000 if aggravated) |
$1,000 to $2,000 ($2,000 to $4,000) if aggravated) |
$2,000 to $5,000 ($4,000 to $5,000 if aggravated) |
$2,000 to $5,000 ($4,000 to $5,000 if aggravated) |
| License Revocation | 180 days to 1 year |
180 days to 1 year |
180 days to 1 year |
10 years minimum |
| Ignition Interlock Device | 6 months if aggravated (optional if BAC under .15%) |
2 years |
2 years |
2 years |
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