Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
Imprisonment in a county or state correctional facility may be required as part of a DUI conviction. The length of the term as well as whether county jail or state prison is required will depend upon the specific circumstances of the charges. It will be at the court's discretion to determine whether a term of imprisonment may be served in a drug abuse treatment or rehabilitation program, credited toward the imprisonment term.
- First DUI Conviction:
- No more than 6 months
- Blood alcohol concentration (BAC) of .15%+ / minor in vehicle: no more than 9 months
- Second DUI Conviction:
- No more than 9 months
- BAC of .15%+ / minor in vehicle: no more than 12 months
- Second conviction within 5 years: mandatory 10 day imprisonment
- Third DUI Conviction:
- Minimum imprisonment of 30 days
- At least 48 hours must be consecutive
- If third conviction occurs more than 10 years from previous conviction, imprisonment for no more than 12 months
- Fourth or Subsequent Conviction:
- No more than 5 years (as provided in s. 755.084 of the Florida Statutes)