In Florida, there is no mandatory jail for a first offense DUI or for a second offense if the most recent conviction was more than five years ago. However, a second DUI within 5 years carries 10 days of mandatory jail, and most judges will give considerably more. A third DUI when the most recent conviction was less than ten years ago requires at least 30 days in jail. However, Florida law allows time spent in a state-sanctioned alcohol program to count against the jail time, so that is often the best way to go.
A complete chart of the Florida DUI penalties is available on my website:
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