Getting arrested for DUI can turn your life upside down. You may feel overwhelmed, scared about your future, and unsure how long this one mistake will follow you. In Florida, DUI consequences are serious and long-lasting. Whether it’s your first offense or not, understanding what stays on your record (and for how long) is one of the most important steps you can take.
In Florida, a DUI conviction stays on your criminal record permanently and on your driving record for 75 years. There’s no way to expunge or seal a DUI from your record if you’re convicted. You may only be eligible for expungement if the charges were dropped or you were found not guilty. The Florida DMV and court system treat DUIs as lifetime offenses, and insurance companies will view you as a high-risk driver for years to come.
Florida DUI Laws You Should Know
DUI charges in Florida are governed by Florida Statute § 316.193. This law defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol. Penalties are enhanced for higher BAC levels (0.15 %+), repeat offenses, minors in the vehicle, or accidents causing injury. Florida also has a zero-tolerance policy for drivers under 21 and imposes mandatory administrative penalties through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), even before your criminal case is resolved.
DUI in Florida: Criminal vs. Driving Record in Florida
Many people don’t realize that a DUI shows up on two different records and both are important:
Your criminal record is what employers, landlords, and licensing agencies will check. In Florida, a DUI conviction remains on your criminal record forever.
Your driving record, managed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), will show your DUI for 75 years, essentially a lifetime as well.
Once the conviction is entered, it’s not going away. That’s why legal guidance matters from the start.
Will You Lose Your License After a DUI in Florida?
Yes, if you’re convicted of DUI in Florida, your license will almost always be suspended. The length and conditions depend on your prior history and the severity of the offense.
Here’s how it breaks down:
First DUI Offense
- License suspension: Minimum 180 days, up to 1 year
- Hardship license: You may qualify for a restricted license (to drive to work, school, or treatment) after a 30–90 day “hard suspension” period—if you enroll in DUI school and request a hearing.
- Other requirements:
- Complete DUI school
- Pay fines up to $1,000
- May require community service or up to 6 months in jail
- Ignition Interlock Device (IID): Required only if BAC was 0.15+ or a minor was in the car.
For example: A 32-year-old first-time offender in Orlando is pulled over with a BAC of 0.17. Their license is suspended for 6 months. To regain limited driving privileges, they install an IID and complete DUI school within 60 days.
Second DUI Offense
- License suspension: Minimum 5 years if the second offense is within 5 years of the first
- No hardship license eligibility for at least 1 year
- Mandatory IID for 1 year
- Fines up to $2,000, plus up to 9 months in jail.
Example: A Tampa man with a prior DUI gets arrested again within 4 years. His license is suspended for 5 years. He’s not allowed to apply for a hardship license for 12 months and must install an IID after that.
Third DUI Offense (Within 10 Years)
- License revocation: Minimum 10 years
- Classified as a third-degree felony
- Possible permanent revocation for some repeat or aggravated offenses.
Fourth DUI Offense (Lifetime Ban)
- License revocation is permanent after a fourth DUI conviction, even if the previous convictions happened decades ago
- No hardship license eligibility for 5 years, and even then, only if:
- You’ve had zero driving and no alcohol or drug use for 5 years
- You complete DUI school and prove rehabilitation
- The FLHSMV has full discretion to deny reinstatement—even after eligibility
For example, a driver with DUIs in 2006, 2011, and 2018 gets a fourth conviction in 2025. Their license is revoked for life. They must wait 5 years without driving or drinking before they can even apply for limited privileges, and there’s no guarantee they’ll get it back.
To summarize, we’ve compiled an overview of DUI record penalties in Florida in the table below:
| Offense | Criminal Record | Driving Record (FLHSMV) | Key Penalties |
| 1st DUI | Permanent (indefinitely) | 75 years | License suspension: 180 days to 1 year Up to $1,000 fine Up to 6 months jail DUI School, possible IID (BAC ≥ 0.15 or minor in vehicle) |
| 2nd DUI | Permanent | 75 years | Minimum 5-year revocation (if within 5 years) Up to $2,000 fine Up to 9 months jail Mandatory 1-year IID |
| 3rd DUI (within 10 years) | Permanent, felony | 75 years | 10-year revocation Up to 5 years prison (felony) Higher fines and mandatory IID |
| 4th+ DUI | Permanent, felony | 75 years | Permanent revocation of license No hardship license for at least 5 years IID and proof of rehab required (if ever eligible) FLHSMV may still deny reinstatement |
Can You Get a DUI Off Your Record in Florida?
If you were convicted of DUI in Florida, the answer is no—you cannot get it removed. Under Florida law, DUI convictions cannot be sealed or expunged, no matter how much time has passed. Once it’s on your record, it stays there permanently. That means employers, landlords, licensing boards, and background checks can access your DUI for life.
However, if your case was dismissed by the court or if you were found not guilty at trial, you may qualify to have the arrest record expunged. But even then, the process isn’t automatic.
To pursue expungement, you’ll need to wait until the case is fully closed and the statute of limitations has passed. Then, you must apply for a Certificate of Eligibility through the Florida Department of Law Enforcement (FDLE). After that, your attorney can help file a formal petition for expungement with the court.
For example, consider a driver in Fort Lauderdale who was arrested for DUI. Their attorney successfully challenged the legality of the traffic stop, and the court dismissed the case. Because there was no conviction, that driver may now apply to have the arrest record expunged—potentially clearing it from public view.
How is My Insurance Affected While a DUI Sits on My Record?
A DUI conviction in Florida doesn’t just impact your license, but it hits your wallet hard, especially when it comes to car insurance. Once an insurance company sees a DUI on your record, they immediately label you as high-risk. That label comes with a steep price: your premiums can rise by as much as 80%, and in some cases, even more.
If your record shows multiple infractions, such as previous accidents, speeding tickets, or another DUI, your rates will climb higher and may stay that way for three to five years or longer. Some drivers even get dropped by their insurer and are forced to shop for high-risk policies with limited options and inflated prices.
In Florida, you may also be required to carry an FR-44 insurance policy, which demands higher minimum liability coverage than a standard policy. This alone can more than double your monthly premium.
The rate increase isn’t just about the DUI, but about the risk profile you present. Younger drivers, particularly those aged 18 to 24, are hit the hardest. For example, an 18-year-old with a DUI conviction may see their rates more than double compared to someone in their 30s with the same charge. Insurers see younger drivers as more likely to repeat risky behavior, which is why the penalties are more severe.
While rates can vary from state to state, Florida drivers are among those who see some of the highest post-DUI increases nationwide. Some premiums jump by thousands per year. Even in states with lighter penalties, DUI-related rate hikes can add hundreds annually.
Unfortunately, insurance companies don’t forget quickly. Even if your record starts to clean up, your rates may stay high for years, especially if you receive another violation during the lookback period.
How Long Are my Car Insurance Rates Harmed by a DUI?
Car insurance is already expensive enough, but after someone has a DUI, they have to pay higher car insurance rates for years. The amount of time your rate stays up because of this infraction could be shorter or longer than how long that blemish stays on your driving record. This happens because while both take your driving history into account, accidents or reckless behaviors are reflected by the car insurance company.
Insurance is a drag in the first place. It’s hard to imagine insurance rates being any higher than they already are for most people. But think about it, what if you have an accident and get charged with DUI? The amount of time your rate will go up because of this infraction could be shorter or longer than how long that blemish stays on your driving record.
Insurance companies base your insurance rates mostly on your driving record. If there have been any accidents or tickets in a three to five-year period on that record, then it will be difficult to find lower quotes from an insurer because they worry about potential risks. Remember, the number of points accumulated on your license also affects how long these rates stay high, and it will also depend on your state.
By avoiding any traffic violations and DUI occurrences for the next three to five-year period, you will see a decrease in your insurance rates. It is important to talk with your provider about it so they can reexamine records for rating purposes. This decreases expenses and ensures that there are no extra penalties attached as well.
How a DUI or Bad Driving Record Affects Your Future as a Driver
An increase in your insurance rates isn’t the end of what you could face from a DUI charge. A DUI can cause many problems down the road, especially if you work a job that requires commercial driving. Nearly all companies will not accept a driver that has a DUI on their record. If you are thinking of any kind of commercial driving for a career, you’ll have to wait to get your driving record clean first.
License suspension is one of the worst results you could end up with from a DUI conviction. Yes, it’s true this varies from state to state, and it can range anywhere between just affecting your driving record or having an automatic suspension, but driving under the influence is handled with nearly zero tolerance around most of the United States. For instance, some states will automatically suspend your license after just one DUI.
If your license is suspended for any reason – such as DUI or other violations- an SR-22 will be one of the only ways you’ll be allowed back on the road. An SR-22 verifies that the proper state minimum amount of liability car insurance has been met in order to validate yourself as a safe driver who can get back on the road without fear of future accidents.
An SR-22 is one of the most costly measures you can take to maintain your driving privileges. The first expense comes from filing fees with both the insurance company and state DMV offices, on top of whatever your car insurer charges for its services. It also doesn’t stop there; a reinstatement fee will be added to these costs as well when renewing or applying for license plates in some states.
Will DUIs Appear on my Driving Record From State to State?
Remember, a past DUI on your driving record is nearly unavoidable. This is another detail that is very dependent on the laws according to the state, but you should always assume that it will appear when pulled up. It doesn’t even matter if you are just making a brief visit to a particular state you don’t live in.
It is important to know that your driving privileges will be affected if you get a DUI offense while visiting another state. The Driver License Compact states that the violation information, including what happened and where it occurred, is shared with your home state DMV. That means consequences such as license revocation or points on your record will still happen where you’re from. If you’re in Wisconsin, it’s important to note that they do not participate in the compact, but they still operate under the agreement to transfer such driving information to your record back in your home state.
How to Check For DUIs or Other Infractions on Your Driving Record
It’s important to understand how your driving record works and what infractions are on it, like DUIs or other charges. Luckily, a basic process exists where you can find out what is currently on your driving record. The process varies a bit depending on which state you live in. Below are the standard steps:
- Visit your DMV’s website to get online services or phone numbers.
- Search by typing in your driver’s license number (or last name and birthdate), include your contact info, and click the “check driving records” button.
- Any past violations/convictions will appear in the results, indicating that these will appear to jobs you’re applying to for work or other licenses.
- A $10-$11 fee will be charged for a copy of your driving record. You can also obtain a physical copy through your insurance agent or by visiting your DMV.
You don’t have to be a professional driver or even experienced behind the wheel to understand how dangerous drinking and driving is. Choosing not to drink and drive is the one sure way to never have to deal with a DUI and the severe penalties that come with it. You’re not only saving on life-long expenses, but you’re protecting yourself and those driving around you.
DUI Defense Strategy and the Role of Your Attorney
Facing a DUI charge in Florida, especially a potential fourth offense, can feel overwhelming. But the outcome isn’t set in stone. With the right legal strategy and the support of an experienced DUI attorney, you still have options to protect your license, your freedom, and your future.
At Steinger, Greene & Feiner, our car accident lawyers step in early to build a strong DUI case before a conviction is entered. We examine every detail whether the stop was lawful, whether the officer had probable cause, or whether your BAC test was mishandled or unreliable. If there’s an opportunity to have charges reduced or dismissed, we fight hard to make it happen.
Our attorneys also represent you at your DMV hearing, which is separate from your court case but just as important. This is your first chance to challenge the suspension of your license. For clients with prior DUIs, we explore rehabilitation programs and other alternatives that may prevent permanent revocation.
When you work with our team, you don’t just get legal representation, but you get a strategic defense designed to protect everything you’ve worked for.
Talk to our Florida DUI defense attorneys today. The sooner we start, the stronger your defense can be. Free consultation available.
If you have been injured in a DUI accident, speak with a car accident lawyer as soon as possible. You are entitled to compensation.