Understanding Florida’s DUI Lookback Period and How It Affects Your Case
A DUI charge in Florida carries serious consequences, but what happens if you get arrested for DUI more than once? Florida law has a washout period, also known as a lookback period, which determines how prior DUI convictions impact new charges. The length of this period can significantly affect the penalties you face, including whether your DUI is charged as a first offense, second offense, or felony.
Understanding how this washout period works is critical, especially if you have prior DUI convictions. Prosecutors aggressively pursue repeat DUI offenders, and without the right legal defense, you could face increased fines, license suspension, and even jail time. If you’ve been arrested for DUI, hiring a private attorney can make a major difference in the outcome of your case.
Understanding the DUI Washout Period in Florida
The washout period is the amount of time that a prior DUI conviction remains relevant for sentencing purposes in a new DUI case. Under Florida law, prior DUI convictions can increase penalties if they fall within a specific timeframe.
Florida’s Lookback Periods
- First to Second DUI: If you are arrested for a second DUI within five years of your first conviction, you will face mandatory penalties, including at least ten days in jail, increased fines, and a longer license suspension.
- Second to Third DUI: If a third DUI occurs within ten years of a second conviction, the charge can be elevated to a felony, bringing much harsher consequences.
- Fourth DUI or More: Florida does not have a washout period for a fourth DUI—meaning a fourth DUI is automatically a felony, no matter when it occurs.
Why This Matters in Your Case
The lookback period plays a crucial role in determining how severe your penalties will be. If your prior DUI falls outside the washout period, it cannot be used to enhance the penalties for a new DUI conviction. However, prosecutors will still try to use any past DUI against you, making it essential to have an attorney who understands how to challenge these tactics.
DUI Charges Under Florida Law
DUI offenses in Florida are governed by Florida Statutes § 316.193. A person commits DUI if they:
- Have a blood alcohol concentration (BAC) of 0.08% or higher, or
- Are under the influence of alcohol or drugs to the extent that their normal faculties are impaired.
Depending on the circumstances of your case, the penalties you face will vary. The washout period is critical in determining whether your DUI will be treated as a first offense, second offense, or felony charge.
First DUI Offense
If this is your first DUI and you have no prior convictions within the five-year lookback period, the penalties are:
- A fine of $500–$1,000
- License suspension of 6–12 months
- Jail time of up to 6 months (though many first-time offenders avoid jail)
- Completion of DUI school and probation
While a first DUI is a misdemeanor, it still carries significant consequences. Even if your prior DUI is outside the lookback period, the prosecution may use it to argue for a harsher sentence. Having an attorney who can fight for reduced penalties is crucial.
Second DUI Within Five Years
If your second DUI occurs within five years of your first conviction, Florida law imposes enhanced penalties:
- Mandatory minimum 10 days in jail (up to 9 months)
- A fine of $1,000–$2,000
- License revocation for 5 years
- Installation of an ignition interlock device for at least one year
Since the five-year washout period applies, prosecutors will push for these mandatory penalties. However, legal defenses—such as questioning the validity of your prior conviction or challenging the circumstances of your current arrest—may help reduce or eliminate some penalties.
Third DUI Within Ten Years
If a third DUI occurs within ten years of a second conviction, the stakes are even higher:
- Felony charges
- Up to five years in prison
- A fine of $2,000–$5,000
- 10-year license revocation
Because a third DUI in ten years is a felony, it will have long-term consequences, including a permanent criminal record. A skilled attorney can investigate whether the prior convictions meet the legal requirements for enhancement and build a defense strategy to reduce the severity of your charges.
Fourth DUI or More—No Washout Period
Unlike second and third DUIs, a fourth DUI is always a felony, regardless of when prior convictions occurred. Florida law does not allow for a lookback period in these cases, meaning the state will treat a fourth DUI just as harshly, even if decades have passed since your last conviction.
- Up to five years in prison
- Permanent driver’s license revocation
- Fines of up to $5,000
Because there is no washout period for a fourth DUI, a prior conviction—even from another state—can be used against you. This makes it critical to have a lawyer who can challenge the evidence and fight for the best possible outcome.
Why You Need a Private DUI Attorney
When facing DUI charges, the washout period can significantly affect your case. Prosecutors will try to maximize penalties based on prior convictions, and without a strong defense, you could face life-altering consequences. Here’s why hiring a private attorney is essential:
- Fighting to Reduce Charges: An experienced lawyer can argue that prior convictions should not count toward sentence enhancements.
- Challenging Prior Convictions: Not all past DUI convictions meet the legal standards for enhancement. If a previous case was flawed, we may be able to get it excluded.
- Negotiating for Lesser Penalties: A strong defense may lead to reduced charges, probation instead of jail, or alternative sentencing options.
No one should fight DUI charges alone. The stakes are too high, and having an attorney on your side can mean the difference between severe penalties and a second chance.
Florida’s five-year washout period for DUI FAQs
What is Florida’s five-year washout period for DUI?
If you are arrested for a second DUI within five years of your first conviction, you will face harsher penalties, including mandatory jail time and a longer license suspension. If five years have passed, the state will treat your new DUI as a first offense for sentencing purposes.
Can a prior DUI from another state be used against me in Florida?
Yes. Florida considers out-of-state DUI convictions when determining whether enhanced penalties apply. However, an attorney can examine whether the prior conviction meets Florida’s legal standards and challenge its use against you.
What happens if my second DUI is more than five years after my first?
If your second DUI occurs after the five-year lookback period, it will be treated as a first offense for sentencing purposes, meaning you may avoid mandatory jail time and extended license suspension.
Why does the ten-year washout period matter for a third DUI?
If a third DUI occurs within ten years of a second conviction, the charge can be elevated to a felony. If more than ten years have passed, the case will likely remain a misdemeanor, avoiding prison time and permanent license revocation.
How can an attorney help if I have multiple DUI convictions?
A private attorney can examine the details of past convictions to challenge their use in sentencing, negotiate for reduced penalties, and build a defense strategy to minimize the impact of the charges.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.