Florida DUI Laws and the Consequences of a First-Time Offense

If you’ve been arrested for driving under the influence (DUI) in Florida, the consequences can be severe, even if it’s your first offense. Many people believe that a first-time DUI is no big deal, but the reality is quite different. Florida law treats DUI cases very seriously, and even a first conviction can have long-lasting effects on your life.

Florida’s Definition of DUI

Under Florida Statutes Section 316.193, a person is considered to be driving under the influence if they are operating a vehicle and:

  • Their blood alcohol concentration (BAC) is 0.08% or higher, or
  • They are under the influence of alcohol, drugs, or any controlled substance to the extent that their normal faculties are impaired.

It’s important to note that a DUI can be charged not only when someone is driving, but also when they are in actual physical control of the vehicle, which means you don’t even need to be moving to face charges.

Penalties for a First DUI Conviction in Florida

If convicted of a first-time DUI in Florida, several penalties may apply. These penalties can vary depending on the circumstances of the arrest, such as your BAC level, whether there was an accident, or whether there were minors in the car.

1. Fines

For a first DUI conviction, you could face a fine between $500 and $1,000. If your BAC is 0.15% or higher, or if a minor was in the vehicle at the time of the offense, the fine increases to between $1,000 and $2,000. These fines are just the beginning, as there may be additional court costs and fees associated with your case.

2. License Suspension

A DUI conviction will result in the suspension of your driver’s license. For a first offense, your license may be suspended for 180 days to 1 year. However, the Department of Highway Safety and Motor Vehicles (DHSMV) may issue a hardship license that allows you to drive for work or school, but only after a certain period has passed and you’ve completed a DUI course.

3. Probation

You may be placed on probation for up to one year. During probation, you’ll have to comply with several conditions, including attending DUI school, completing community service, and paying any fines or court costs. Probation may also include random alcohol or drug testing.

4. Community Service

Florida law requires that you complete at least 50 hours of community service as part of your penalty. Alternatively, the court may allow you to “buy out” these hours at a rate of $10 per hour, but this depends on the judge’s discretion.

5. Vehicle Impoundment

Your vehicle may be impounded or immobilized for 10 days, which can add additional inconvenience and cost to your DUI case.

6. Jail Time

While many first-time DUI offenders do not spend time in jail, it is possible. For a standard DUI, you could face up to six months in jail. If your BAC was 0.15% or higher, or if there was a minor in the vehicle, this increases to a maximum of 9 months.

7. DUI School and Substance Abuse Evaluation

If convicted, you will be required to complete a DUI education program. In addition to the course, you’ll undergo a substance abuse evaluation. If the evaluation indicates that treatment is necessary, you must complete the recommended treatment program.

Enhanced Penalties for Aggravating Factors

While the penalties for a first DUI conviction can be harsh, they become even more severe if there are aggravating factors involved in your case. Some of these factors include:

  • High BAC (0.15% or more): As mentioned, if your BAC is 0.15% or higher, the fines and potential jail time increase.
  • Minor in the Vehicle: Having a child under the age of 18 in the vehicle at the time of your arrest will result in higher fines and a longer potential jail sentence.
  • Accidents and Injuries: If your DUI results in an accident that causes property damage or injury to another person, you could be charged with a more serious offense, including a possible felony charge.

Legal Ramifications Beyond Criminal Penalties

The penalties mentioned above are just the beginning. There are additional consequences to a DUI conviction that could affect you for years to come. Some of these include:

1. Increased Insurance Premiums

After a DUI conviction, your car insurance rates will skyrocket. Florida requires that you carry higher insurance limits after a DUI, specifically a minimum of $100,000 in bodily injury liability coverage per person and $300,000 per accident. You’ll also be required to carry $50,000 in property damage liability coverage. This could cost you thousands of dollars more each year.

2. Criminal Record

A DUI conviction goes on your permanent criminal record, which can affect your future employment prospects, ability to rent housing, and even your educational opportunities. While some first-time offenders may qualify for a diversion program that avoids a conviction, not everyone will be eligible, and many cases still result in a conviction.

3. Travel Restrictions

Some countries may refuse entry to individuals with a DUI on their record, making international travel more difficult.

4. Professional Licensing

If you hold a professional license, such as a law or medical license, a DUI conviction can result in disciplinary action, including suspension or revocation of your license.

DUI Diversion Programs

In some cases, a first-time DUI offender may qualify for a diversion program. These programs allow you to complete certain requirements, such as community service, DUI school, and alcohol or drug treatment, in exchange for a reduction or dismissal of the charges. The availability of these programs varies by county, and eligibility depends on several factors, including the specifics of your case and your criminal history.

Defending Against a First DUI Charge

One of the most important things to understand is that being charged with DUI does not mean you are automatically guilty. There are many defenses available in a DUI case, and a skilled attorney can examine the evidence to determine the best strategy for your situation.

Some common defenses to DUI charges in Florida include:

  • Unlawful Traffic Stop: If the officer did not have reasonable suspicion to pull you over, any evidence gathered during the stop may be inadmissible.
  • Improper Breathalyzer or Blood Test Procedures: The accuracy of breath and blood tests can be challenged if the equipment was not properly calibrated or if proper testing protocols were not followed.
  • Field Sobriety Test Issues: The results of field sobriety tests can be unreliable due to a variety of factors, including the environment, your health conditions, or improper instructions by the officer.

Should You Hire a Lawyer for a First DUI?

While it might be tempting to handle your first DUI without an attorney, that’s rarely a good idea. DUI laws are complex, and the penalties can be severe. A DUI conviction can affect your life in ways you may not expect, so having an experienced attorney on your side can make a huge difference in the outcome of your case.

1st TIme DUI in Florida FAQs

What happens if I refuse a breathalyzer test in Florida?

In Florida, refusing to take a breath, blood, or urine test after being lawfully arrested for DUI results in an automatic license suspension under Florida’s “implied consent” law (Florida Statutes Section 316.1932). For a first refusal, your license will be suspended for one year. A second refusal can result in an 18-month suspension and could be charged as a misdemeanor offense.

Can I get a hardship license after a DUI in Florida?

Yes, you may be eligible for a hardship license if your driving privileges are suspended due to a DUI. However, you’ll need to complete a DUI school and other requirements before applying. The hardship license will allow you to drive for limited purposes, such as work or school.

Will a DUI stay on my record forever in Florida?

In Florida, a DUI conviction stays on your criminal record permanently. Florida does not allow DUI convictions to be sealed or expunged, which means they will show up on background checks for the rest of your life.

Can I avoid jail time for a first DUI in Florida?

While it’s possible to avoid jail time for a first DUI offense, there are no guarantees. Many factors can influence whether you’ll serve time, such as your BAC level and whether there were aggravating factors like an accident. A skilled attorney can work to negotiate a plea deal or argue for alternatives to jail, such as probation.

What is the difference between DUI and DWI in Florida?

In Florida, there is no distinction between DUI (driving under the influence) and DWI (driving while intoxicated). Florida law only uses the term DUI, and it covers impairment by alcohol or any controlled substances.

Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.