Florida's DUI laws (Florida Statutes Chapter 316) are among the most clearly structured in the country. The penalties escalate sharply with each offense, and FR44 insurance is a mandatory step in every license reinstatement. Here's how the law and FR44 connect.
| Offense | Fine | Jail | License Action | IID Required |
|---|---|---|---|---|
| First DUI (BAC <0.15) | $500–$1,000 | Up to 6 months | 180-day suspension + possible revocation | Court discretion |
| First DUI (BAC ≥0.15 or minor in vehicle) | $1,000–$2,000 | Up to 9 months | 180-day suspension | Mandatory 6 months |
| Second DUI (within 5 years) | $1,000–$2,000 | Mandatory 10 days minimum (up to 9 months) | Mandatory 5-year revocation | Mandatory 1 year |
| Second DUI (after 5 years) | $1,000–$2,000 | Up to 9 months | 180-day suspension | Mandatory 1 year |
| Third DUI (within 10 years) — felony | $2,000–$5,000 | Mandatory 30 days (up to 5 years) | Mandatory 10-year revocation | Mandatory 2 years |
| Fourth DUI — felony | $2,000+ | Up to 5 years | Permanent revocation | Mandatory 5 years |
| Stage | FR44 Relevance |
|---|---|
| Arrest (before conviction) | No FR44 yet — administrative suspension begins (10-day rule to request hearing) |
| During court proceedings | No FR44 required yet — but can be purchased early to have it ready |
| After conviction, before reinstatement | Can purchase FR44 in advance — DHSMV requires it ON FILE before reinstating |
| License reinstatement | FR44 must be filed AND confirmed by DHSMV before reinstatement. This is when the 3-year clock starts. |
| During 3-year FR44 period | Continuous, no lapses. Any lapse = immediate suspension + clock restart |
| End of 3-year period | Contact DHSMV to confirm satisfied. Contact insurer to remove SR22 endorsement. |
When you're arrested for DUI in Florida, DHSMV automatically suspends your license. You have 10 calendar days from the date of arrest to request a formal review hearing to challenge the administrative suspension. Missing this window means:
If you request the hearing, you get a temporary driving permit while the hearing is scheduled — typically 2–3 months. This is a significant practical benefit even if you ultimately lose the hearing. Contact a DUI attorney immediately after arrest to protect this right.
Does a withheld adjudication in Florida avoid FR44?
Possibly — but it depends on the specific outcome and what DHSMV records. A true dismissal avoids FR44. A withhold of adjudication (not a conviction) may or may not trigger the DHSMV suspension depending on the circumstances. Do not assume — verify with DHSMV directly after any plea or verdict.
If I refuse the breathalyzer, do I still need FR44?
If you're ultimately convicted of DUI (or the administrative suspension from refusal results in a revocation requiring FR44), then yes. A refusal conviction is treated similarly to a DUI conviction for FR44 purposes in most cases.
Does a first DUI always require FR44?
If the license is suspended by DHSMV as a result of the DUI, and you want to reinstate driving privileges, yes — FR44 is required. If charges are dismissed before DHSMV acts, FR44 may not be triggered. The key is what DHSMV's record shows — the court outcome and the DMV outcome are separate.
Need FR44 to Reinstate Your Florida License?
Same-day electronic filing. All Florida counties. Owner and non-owner.