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Florida DUI law reference · Franklin County · Panhandle Florida · 2th Judicial Circuit

DUI in Franklin County, Florida (2025–2026)

Reference guide to driving under the influence charges in Franklin County, Florida. Covers §316.193 penalties, §322.2615 administrative suspension, the 10-day Formal Review Hearing window, BAIID + FR-44 requirements, hardship licensing, and 2025 legislation including Trenton's Law (§316.1939). Educational reference, not legal advice.

Educational reference, not legal advice. DUI cases are fact-intensive and outcomes depend on facts not covered here. If you have a pending charge, consult a Florida-licensed attorney before deciding how to plead.

Last verified: Reviewed against Fla. Stat. §316.193, §322.2615, §316.1939, and the Florida Standard Jury Instructions (Criminal §28).

TL;DR

A first-offense DUI in Franklin County, Florida is a second-degree misdemeanor under Fla. Stat. §316.193: $500–$1,000 fine, up to 6 months jail, 6–12 month license revocation, plus an automatic §322.2615 administrative suspension. You have just 10 days from arrest to request a Formal Review Hearing. (2026)

  • —A first-offense DUI in Franklin County is a second-degree misdemeanor under §316.193: fine $500–$1,000, up to 6 months in jail, 12-month probation, 6-month–1-year license revocation, 50 hours community service, 10-day vehicle impound, and mandatory DUI School Level I.[2]
  • —Total financial outlay typically $8,063 – $19,313 for a standard-BAC first offense, including FR-44 insurance for 3 years, DUI school, and secondary costs. (Statewide range; precise Franklin totals vary by local provider.)[1]
  • —You have 10 days from arrest to request a Formal Review Hearing (§322.2615) to contest the automatic administrative license suspension. Miss the window and the suspension takes effect by default.[3]
  • —As of October 1, 2025, refusing a breath/blood/urine testis itself a first-degree criminal misdemeanor (Trenton's Law, §316.1939) when the driver has a prior administrative refusal on record.[5]
  • —Cases proceed through the 2th Judicial Circuit from the county seat at Apalachicola.[10]

Florida's DUI statutory framework

A DUI arrest in Franklin County triggers two parallel proceedings that run independently: a criminal case under §316.193, and an administrative suspension under §322.2615. Each has its own standard of proof, procedure, and appellate path. Winning one does not automatically win the other.[2][3]

“A person is guilty of the offense of driving under the influence... if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages... to the extent that the person's normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more...”
— Fla. Stat. §316.193(1)

Penalty tiers — first through fourth offense

The §316.193 sentencing framework escalates sharply with each prior DUI conviction. A fourth conviction is a permanent third-degree felony with lifetime license revocation — no path back to driving.[2]

OffenseClassificationFineJail / prison maxLicense consequence
1st (std BAC 0.08+)2nd-degree misdemeanor$500–$1,000up to 6 months6 months to 1 year
1st (high BAC ≥0.15 / minor passenger)Enhanced 1st-degree misdemeanor$1,000–$2,000up to 9 months+ BAIID 6 mo
2nd within 5 yr1st-degree misdemeanor$1,000–$2,0009 months minimum / up to 9 months5 years minimum + BAIID 1 yr
3rd within 10 yrThird-degree felony$2,000–$5,000up to 5 years10 years minimum + BAIID 2 yr
4th+Third-degree felony (lifetime)$2,000 minimum, no maximumup to 5 yearsPermanent (lifetime)
DUI manslaughterSecond-degree felonyup to $10,0004 years minimum mandatory (per §316.193(3)(c)(3)) (min)Permanent (lifetime)

Total financial outlay in Franklin County

The statutory fine is only one line. Once court costs, FR-44 insurance, DUI School Level I, BAIID (where applicable), and secondary expenses are tallied, the realistic floor for a first-offense DUI starts around $8,000 and routinely exceeds $15,000 — even before legal fees. Franklin County is not among the 19 counties with locally itemized published totals; the figures below are the statewide low/high range and represent what you should expect.[1]

ScenarioLowHigh
1st offense, standard BAC (0.08+)$8,063$19,313
1st offense, high BAC (≥0.15) or minor passenger$10,753$25,169
2nd offense within 5 years$14,868$37,940

The 10-day rule — administrative suspension

Under §322.2615, an arresting officer issues a temporary 10-day permit at the time of arrest. The driver has 10 calendar daysfrom the date of arrest to request a Formal Review Hearing with FLHSMV's Bureau of Administrative Reviews. Miss the window and the administrative suspension takes effect by default — and the opportunity to contest is gone.[3]

  • BAC 0.08+ first arrest: First BAC 0.08+ → 6 months (no driving for first 30 days)
  • Refusal first time: Refusal → 12 months (no driving for first 90 days)
  • Refusal with prior refusal: Refusal with prior refusal → 18 months + first-degree misdemeanor under §316.1939 (Trenton's Law)[5]

Approximately 30–40% statewide (varies by office)

FR-44 insurance and BAIID requirements

Florida and Virginia are the only states that use FR-44 — a heightened financial-responsibility filing required after a DUI conviction. Unlike SR-22 (10/20/10 liability limits), FR-44 requires 100/300/50 bodily-injury and property-damage limits — 10× the SR-22 minimum. The carrier files Form FR-44 directly with FLHSMV. Required for 3 years from reinstatement.[6]

Cost reality: FR-44 premiums commonly run $1,500–$6,000+/year depending on carrier depending on carrier, driving history, and county. The FR-44 premium is the single largest line item in the total cost of a Florida DUI.

BAIID triggers

  • •First DUI with BAC ≥ 0.15
  • •First DUI with minor passenger
  • •Second DUI (mandatory 1 year)
  • •Third DUI (mandatory 2 years)
  • •Fourth+ DUI (mandatory 5 years)

Installation: $100–$200. Monthly monitoring: $70–$80/month. FLHSMV approved BAIID vendor list.

Hardship license workflow

Florida grants restricted “business-purpose” hardship licenses after a DUI administrative suspension when the driver satisfies three conditions:

  1. Enroll in DUI School Level I within the hard-suspension window (varies by trigger).
  2. File FR-44 through an authorized Florida auto-insurance carrier.
  3. Apply through FLHSMV BAR (Bureau of Administrative Reviews) — in person or by mail, depending on local office practice.

Hard-suspension waiting period: 30 days for BAC 0.08+ administrative, 90 days for refusal administrative. Reinstatement after full suspension period: $60 + $130 service charge after suspension period.[9]

Franklin County DUI court — 2th Judicial Circuit

DUI cases in Franklin County are filed and prosecuted in the 2th Judicial Circuit of the Florida State Courts. The county seat is Apalachicola, where the main county courthouse and primary State Attorney's Office for the circuit are located.[10]

Find local information

Frequently asked questions

About this resource

This page is part of an educational reference covering Florida DUI law for all 67 counties. Content is sourced from primary Florida Statutes, FLHSMV procedures, the Florida Standard Jury Instructions, and published cost data. It is not legal advice. If you have a pending DUI charge in Franklin County, talk to a Florida-licensed attorney before deciding how to plead.

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Sources & citations

  1. [1]Florida DUI cost framework — statewide low/high range from published per-county analyses. Franklin is not among the 19 counties with locally itemized totals; the figures shown are the statewide range. https://www.flhsmv.gov/driver-licenses-id-cards/dui-and-administrative-suspensions/ · accessed 2026-05-30 ↩
  2. [2]Fla. Stat. §316.193 — Driving Under the Influence. Full text of the DUI statute including penalty tiers, BAC thresholds, and enhancements. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html · accessed 2026-05-30 ↩
  3. [3]Fla. Stat. §322.2615 — Suspension of license; right to review. The administrative-suspension framework and 10-day Formal Review Hearing window. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.2615.html · accessed 2026-05-30 ↩
  4. [4]Fla. Stat. §316.1932 — Implied consent; right to refuse. Authority for breath, blood, and urine testing on probable cause for DUI arrest. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1932.html · accessed 2026-05-30 ↩
  5. [5]Fla. Stat. §316.1939 — Refusal to submit to test (Trenton's Law, effective 2025-10-01). First refusal with one prior administrative refusal is now a first-degree criminal misdemeanor, not just an ALR consequence. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1939.html · accessed 2026-05-30 ↩
  6. [6]Fla. Stat. §324.023 — FR-44 financial responsibility filing for DUI. 100/300/50 BI/PD limits (10x SR-22) required for 3 years post-conviction. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/Sections/0324.023.html · accessed 2026-05-30 ↩
  7. [7]Florida Standard Jury Instructions in Criminal Cases, Section 28.1 (DUI) — elements the state must prove for a §316.193 conviction. https://www.floridabar.org/rules/florida-standard-jury-instructions/florida-standard-jury-instructions-in-criminal-cases/ · accessed 2026-05-30 ↩
  8. [8]Velazco v. State, 342 So. 3d 614 (Fla. 2022) — Florida Supreme Court bar on dual DUI-injury convictions for a single victim (double jeopardy). https://www.floridasupremecourt.org/ · accessed 2026-05-30 ↩
  9. [9]FLHSMV — DUI and Administrative Suspensions overview page. https://www.flhsmv.gov/driver-licenses-id-cards/dui-and-administrative-suspensions/ · accessed 2026-05-30 ↩
  10. [10]Florida Office of the State Courts Administrator — Florida Judicial Circuit Maps and circuit-by-circuit court directory. https://www.flcourts.gov/florida-courts/circuit-courts · accessed 2026-05-30 ↩
  11. [11]Florida Clerks of Court — Statewide directory and county clerk lookup. https://www.flclerks.com/ · accessed 2026-05-30 ↩
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