The Florida Statute of Limitations on DUIs

Second-time and subsequent convictions of Florida's DUI laws results in mandatory use of an ignition interlock device.

In Florida, fourth-time and subsequent-time DUI offenders carry aggravated criminal penalties, which can consist of prison time and imposition of mandatory fines of $2,000 or more.

Degree Classification

The statute of limitations period for prosecuting a DUI criminal case depends upon the nature and severity of the offense as well as whether there have been damages to property, occurrence of physical injury, or DUI-related death. Misdemeanor cases have a shorter statute of limitations period than felony offenses.

Misdemeanor DUI Statute of Limitations

First degree misdemeanor DUI cases must be filed within two years from the date of the offense; second degree misdemeanor DUI cases must be filed within one year from the date of the offense. Misdemeanor DUIs in the first degree are cases in which property damage has occurred.

Felony DUI Statute of Limitations

First degree felony DUI cases must be filed within four years. All other felony DUI-related cases must be filed within three years.

References

• Florida Statutes: Section 316.193 Driving Under the Influence; Penalties
• DUI Attorney: Florida DUI Process