Do you have to serve time after a Florida DUI?

Driving Under the Influence is a serious offense that can lead to severe consequences, including jail or prison time, depending on the circumstances. However, whether jail or prison time is mandatory after a Florida DUI conviction varies depending on several factors.

Some of these factors include whether a motorist has driven drunk in the past and whether the motorist hurt anyone or harmed anything in the incident that led to the DUI arrest.

First-time offenders

For first-time DUI offenders in Florida, jail time is not mandatory. Instead, offenders may face other penalties, such as fines, probation, license suspension and mandatory attendance at DUI school or substance abuse programs. These programs aim to educate individuals about the dangers of drinking and driving while providing the opportunity for rehabilitation.

Repeat offenders

Repeat DUI offenses within a specific time frame often lead to more severe penalties. While jail time may not be mandatory for a second or third DUI, judges typically impose stricter sentences, which may include incarceration, longer license suspensions and higher fines. In some cases, a fourth DUI offense may be a felony, carrying mandatory prison time.

Other possible penalties

In cases where a DUI results in injury or property damage, or if a driver’s blood alcohol concentration level exceeds a certain limit, enhanced penalties may apply. These circumstances could lead to mandatory jail time. For instance, if the DUI accident causes serious bodily injury, the offender may face a mandatory minimum prison sentence because of the injury.

Florida authorities made more than 32,000 DUI arrests in 2019. Because not all DUI offenders face incarceration, it is unclear exactly how many of those offenders wound up spending time behind bars.