DUI Penalties for Military Members in Florida

By Jeff Scott Marshall

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DUI

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Last Modified on Jan 09, 2026

Driving under the influence in Florida carries heavy penalties. They are even heavier for military members. It is important to be aware of Florida DUI laws to understand how a DUI charge will affect your military career. DUI penalties for military members in Florida can be complex, but they share some elements with traditional DUIs.

Our team at Jeff Marshall Law can help you through this scary time. With decades of experience and a reputation for proven results, we will take the time to listen to your case and build a defense strategy. Call us today for a consultation.

What You Need to Know

In Florida, DUI laws make it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. These DWI charges apply to alcohol or other substances to the extent that you cannot function normally and your driving is impacted. Penalties for a DUI include fines, jail time, probation, and may impact your future employment options.

For military personnel, the Uniform Code of Military Justice (UCMJ) is the federal law that governs the military legal system. Under the UCMJ, a DUI charge can lead to both civilian and military penalties. Any member of the military caught operating a vehicle with a BAC of 0.08% or higher can be subject to court-martial and face military tribunals, as well as be tried in civilian courts.

Florida state penalties for DUIs include:

• First offense
  • Imprisonment for a maximum of six months.
  • Fines from $500 to $1,000
  • If BAC is 0.15% or higher, or a minor is found in the vehicle, fines are $1,000 to $2,000 with a higher prison sentence.
  • Without bodily injury, a minimum of 180 days of license suspension.
  • With bodily injury, a minimum of three years of license suspension.
• Second offense
  • Imprisonment for a maximum of nine months.
  • Fines from $1,000 to $2,000.
  • If BAC is 0.15% or higher, fines are $2,000 to $4,000 and imprisonment for a maximum of 12 months.
  • License suspension of five years.
• Third offense
  • Imprisonment of at least 30 days if this conviction is within 10 years of the prior.
  • Fines from $2,000 to $5,000
  • Minimum of 10 years license suspension with the opportunity to apply for a hardship reinstatement after two years.
• Fourth or subsequent conviction
  • Imprisonment for no more than five years,
  • Minimum of $2,000 fine,
  • Mandatory permanent license revocation.

Penalties become more severe based on prior criminal history or if the DUI causes an accident that results in bodily injury or death. In 2025, Florida saw 2,917 accidents caused by an impaired driver due to alcohol, 168 crashes due to drug intoxication, and 94 accidents caused by a combination of usage.

DUI Conviction for Military Personnel

For military personnel, a DUI conviction can mean additional punishments, including:

• Court-martial
• Reduction in rank
• Loss of income
• Discharge from the military
• Administration separation
• Non-judicial punishment (NJP)

If your DUI results in a court-martial conviction, it can also result in a federal criminal record. This results in a dishonorable discharge from the military, difficulties finding employment in the future, and damage to your reputation.

Hire a DUI Lawyer

A strong criminal defense lawyer can help reduce the impact of a DUI to protect your military future. Our team at Jeff Marshall Law will review your unique case and develop a defense strategy for you.

First, we gather evidence from the traffic stop. If law enforcement lacked reasonable suspicion to stop your vehicle, they likely lacked probable cause for the arrest. This could get your charges dropped entirely.

We will also review the tests used to ensure all equipment was properly calibrated. Mistakes during testing may compromise your results. If any error occurs, it may lead to the results being inadmissible in court.

With decades of experience representing clients throughout Florida for DUI charges, our team is ready to get to work for you. With a motto for our clients of “never surrender” and accolades from local judges and fellow attorneys, we can help get you through this.

FAQs

What Happens When a Military Member Gets a DUI?

When a military member gets a DUI, it can lead to severe consequences. You may face state and federal prosecution if a court-martial is pursued. Conviction may lead to jail time, penalties, loss of income, and license suspension. Whether the DUI was off or on base, you may also face the possibility of losing your military rank, pay, and privileges.

Is Jail Time Mandatory for a 1st DUI in Florida?

Jail time is not automatically mandated for a first-time DUI offense in Florida, but it is a possibility. If your BAC was 0.15% or higher or if you had a minor in the car, you may face up to nine months in jail as a first-time offender. If you caused an accident that resulted in bodily injury or death, it is more likely that you will have to serve time in jail.

Can You Get a Waiver for a DUI in the Military?

There is a possibility that you can get a waiver for a DUI in the military, but it is not guaranteed. It depends on your personal history and the military branch’s needs at the time. Your likelihood of gaining approval for a waiver is influenced by your rehabilitation, time since the DUI, and severity of the offense.

Do You Go to Court for a DUI in the Military?

You can go to both civilian and military courts for a DUI. Military members are tried either under Article 15 or via court-martial. Article 15 is more common in lower-stakes DUI cases. There are still consequences, but they are usually less severe than a court-martial. A court-martial is not common for first-time DUIs, but it is still possible if there were aggravating factors.

Protect Your Military Status

When you work with Jeff Marshall Law, we make sure your defense strategy helps you in both civilian and military courts. We understand the gravity of these charges and how they may affect your future. We will investigate every possible avenue for defense and aggressively work to have your charges dismissed. Contact us today for a consultation.

Florida DUI Resources:

• Is Jail Time Mandatory for the 1st DUI in Florida?
• Is a DUI a Felony in Florida? 2026
• How Much Does A DUI Cost in Florida? 2026