What Is the Penalty for a First DUI Conviction in Florida?

Understanding Florida DUI Laws and the Consequences of a First Offense

A first-time DUI conviction in Florida can have serious consequences that affect your freedom, finances, and driving privileges. Many people underestimate the impact of a DUI, assuming that a first offense will result in little more than a fine or short-term license suspension. The reality is that Florida law takes DUI offenses seriously, even for first-time offenders.

If you or someone you know has been arrested for DUI, it is critical to understand how the law defines the offense, what penalties may apply, and what legal options are available.

Defining a DUI Under Florida Law

Under Florida Statutes § 316.193, a person commits the offense of driving under the influence (DUI) if they:

• Operate or are in actual physical control of a vehicle while impaired by alcohol, chemical substances, or controlled substances
• Have a blood alcohol concentration (BAC) of 0.08% or higher

This means that even if you feel fine, if your BAC is above the legal limit, you can still be charged and convicted of DUI. Additionally, Florida law allows DUI arrests based on impairment, even if the driver’s BAC is below 0.08%. If an officer observes signs of intoxication, such as slurred speech, unsteady movement, or poor performance on field sobriety tests, they can still make an arrest.

Criminal Penalties for a First DUI Conviction in Florida

A first-time DUI is typically charged as a misdemeanor, but the penalties can be significant.

Fines and Court Costs

• A first DUI conviction carries a fine ranging from $500 to $1,000.
• If your BAC is 0.15% or higher, or if there was a minor in the vehicle, the fine increases to $1,000 to $2,000.
• Additional court costs, probation fees, and other administrative expenses can increase the financial burden significantly.

Jail Time

• A judge may impose jail time for a first DUI conviction.
• The maximum jail sentence is six months.
• If your BAC was 0.15% or higher, or if there was a minor in the vehicle, the maximum jail time increases to nine months.
• Some offenders may be eligible for alternative sentencing, such as probation or participation in a DUI diversion program.

Probation and Community Service

• A first DUI conviction requires at least one year of probation.
• Florida law also mandates at least 50 hours of community service or an additional fine of $10 per hour in lieu of service.

Driver’s License Suspension

• A first DUI conviction results in a mandatory license suspension of six months to one year under Florida Statutes § 322.28.
• If you refused a breath, blood, or urine test, the suspension increases to one year due to Florida’s Implied Consent Law (§ 316.1932).

DUI School and Substance Abuse Evaluation

• A first-time offender must complete a Level 1 DUI education program, which includes substance abuse evaluation and counseling.
• Additional treatment may be required based on the results of the evaluation.

Ignition Interlock Device (IID)

• If your BAC was 0.15% or higher, or if there was a minor in the vehicle, a judge may require an ignition interlock device (IID) to be installed on your vehicle for at least six months.

How a DUI Conviction Can Affect Your Life

The consequences of a DUI extend beyond the courtroom. A conviction can have long-term effects on multiple aspects of your life.

Employment Consequences

• Many employers conduct background checks, and a DUI conviction may appear as a criminal offense.
• If your job requires driving, you may be fired or placed on administrative leave.

Increased Auto Insurance Rates

• A DUI conviction can lead to skyrocketing insurance premiums or even cancellation of your policy.
• Florida requires individuals convicted of DUI to carry FR-44 insurance, which has significantly higher coverage limits than standard auto insurance.

Impact on Future DUI Charges

• Florida has increasingly severe penalties for repeat DUI offenders.
• If you are convicted of a second DUI within five years, you face mandatory jail time, longer license suspensions, and higher fines.

What If You Refused a Breathalyzer or Blood Test?

Under Florida’s Implied Consent Law (§ 316.1932), drivers are required to submit to a breath, blood, or urine test if law enforcement suspects DUI.

• First refusal: Automatic one-year license suspension.
• Second refusal: Automatic 18-month suspension and a first-degree misdemeanor charge.
• Refusing a test can be used as evidence against you in court, as prosecutors may argue that you refused because you knew you were intoxicated.

Defenses Against a First-Time DUI Charge in Florida

A DUI charge does not mean an automatic conviction. There are multiple ways to challenge the evidence and fight for a reduced sentence or case dismissal.

Challenging the Traffic Stop

• Police must have reasonable suspicion to stop your vehicle. If the stop was unlawful, the evidence collected may be suppressed.

Questioning Field Sobriety Tests

• Field sobriety tests are highly subjective and can be influenced by medical conditions, fatigue, and even anxiety.

Disputing Breathalyzer Accuracy

• Breathalyzers must be properly calibrated and maintained. If there was a malfunction or improper use, the results may be unreliable.

Rising Blood Alcohol Defense

• Alcohol absorption varies by person, meaning your BAC could have been lower while driving but increased by the time you were tested.

No Actual Physical Control

• Florida law requires that you be in control of the vehicle. If you were asleep in a parked car without intent to drive, you may have a strong defense.

1st Time DUI Penalties in Florida FAQs

What happens if I get a first DUI conviction in Florida?
A first DUI conviction can result in fines, probation, a mandatory license suspension, and possible jail time. Additional penalties apply if your BAC was 0.15% or higher or if there was a minor in the vehicle.

Can I avoid jail time for my first DUI offense in Florida?
Jail time is not mandatory for a first DUI, but a judge can impose up to six months in jail. Factors such as a high BAC or an accident can increase the likelihood of incarceration.

Will I lose my driver’s license if I am convicted of DUI in Florida?
Yes. A first DUI conviction results in a six-month to one-year license suspension. If you refused chemical testing, the suspension increases to one year.

Can I get a hardship license after a DUI arrest?
Yes, a hardship license may be available after serving a mandatory suspension period and completing a DUI education program.

How does a first DUI conviction affect my insurance?
A DUI conviction can drastically increase your insurance premiums, and Florida requires FR-44 high-risk insurance for at least three years.

Can a first DUI be dismissed?
Yes, a DUI charge may be dismissed if there were errors in the traffic stop, unreliable evidence, or procedural mistakes by law enforcement.

Is a first-time DUI a felony in Florida?
No, a first DUI is a misdemeanor unless it involved serious injury or death, which could elevate it to a felony.

Can I expunge a DUI from my record in Florida?
No. A DUI conviction cannot be expunged under Florida law. However, if your charges were dropped or dismissed, you may be eligible for expungement.

Call 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.