Fla. Stat. § 316.193(2)

Florida DUI — Second Offense:
The 5-Year Rule

The single biggest factor in a second DUI is timing — whether it falls inside the five-year window. Here is what the statute says and why that date matters so much.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Realistic Scenario

Four years ago you pleaded to a first DUI, did your DUI school, and moved on. Last weekend you were stopped again in Port St. Lucie after a friend's birthday party and blew a 0.10. This time is different — and the reason is the calendar.

Because your prior conviction was less than five years ago, Florida law now requires mandatory jail time that a judge cannot waive.

The Statute & the 5-Year Rule

A second DUI is charged under the same statute as the first — § 316.193 — but subsection (2) adds sharp enhancements that turn on when the prior conviction occurred.

The Governing Statute
Fla. Stat. § 316.193(2) — DUI — Second Conviction
"Any person who is convicted of a second violation … [where] the second conviction is within a period of 5 years after the date of a prior conviction … shall be imprisoned for not less than 10 days."
Read the full statute on Online Sunshine →

If the second conviction is within five years of the first, the statute mandates a minimum of 10 days in jail and a lengthy license revocation. Outside that window, the mandatory-minimum jail does not apply — though it is still a serious criminal charge.

The Actual Penalties

Second DUI Within 5 Years — Statutory Penalties
Jail: Mandatory minimum 10 days (up to 9 months; up to 12 months if BAC 0.15+ or a minor was present), with at least 48 hours consecutive

Fine: $1,000 to $2,000 ($2,000–$4,000 if BAC 0.15+ or minor present)

License revocation: Minimum 5 years (eligible for hardship reinstatement after 1 year)

Also: Mandatory ignition interlock device for at least 1 year, 10-day vehicle impoundment, DUI school.

A second DUI outside five years avoids the mandatory-minimum jail and the 5-year revocation, which is one reason the exact date of the prior conviction is one of the first things we check.

What a Defense Attorney Looks For

  • The date of the prior. Whether the current offense truly falls inside five years — measured conviction-to-conviction — can change the mandatory penalties entirely.
  • The validity of the prior. If the first conviction was improperly obtained, it may not count as a qualifying prior.
  • The stop and testing. The same suppression issues as any DUI apply here — a weak second case is still a weak case.
  • The 10-day DHSMV deadline under § 322.2615 applies again, separately from the court case.

Frequently Asked Questions

Is a second DUI a felony in Florida?
Not by itself. A second DUI is generally a misdemeanor, but it carries mandatory jail if it falls within five years of the first conviction. A third within ten years, or DUI causing serious injury, can be a felony.
What is the 5-year rule for a second DUI in Florida?
If your second DUI conviction falls within five years of your first, Florida Statute § 316.193(2) requires a mandatory minimum of 10 days in jail and a 5-year license revocation.
Is there mandatory jail for a second DUI in Florida?
Yes, if it is within five years of the prior conviction — a minimum of 10 days, with at least 48 hours served consecutively. Outside five years, the mandatory minimum does not apply.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.193(2) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.