First Time DUI defense in Florida.
A first DUI in Florida is usually charged as a misdemeanor, but a conviction still means fines, probation, a license revocation and a permanent record. This page explains the penalties, the two tracks that start at arrest, and how the evidence is reviewed. Available 24 hours a day.
What are the penalties for a first DUI in Florida?
For a first DUI conviction with a breath or blood alcohol level under 0.15 and no minor in the vehicle, Florida law sets a fine of $500 to $1,000, up to 6 months in jail, and probation, with jail and probation together capped at 1 year. The sentence also includes 50 hours of community service, DUI school, a 10 day vehicle impoundment and a license revocation of 180 days to 1 year.
The ranges climb if the reading was 0.15 or higher or a minor was in the vehicle. The fine becomes $1,000 to $2,000, the jail ceiling rises to 9 months, and an ignition interlock device is required for 6 months.
These figures are the limits the law allows, not a prediction. What happens in a particular case depends on the evidence, the person's record and how the case is resolved.
Why a first offense is not easily left behind
Many people expect a first DUI to be wiped away later. Florida does not work that way. Courts cannot withhold adjudication on a DUI, a DUI conviction cannot be sealed or expunged, and it stays on the Florida driving record for 75 years.
A conviction also brings the FR-44 insurance requirement, which carries higher liability limits than standard coverage, and premiums commonly rise. Entering a plea of no contest does not change this. Nolo contendere is not an admission of guilt, but for a DUI it still results in a conviction.
Two tracks begin on the night of the arrest
A first arrest opens the criminal case in county court and, separately, an administrative suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The license side moves faster. There are 10 days from the arrest to request a formal review hearing, and if no request is made, the suspension takes effect.
On the court side, booking and either bond or a first appearance before a judge usually happen within 24 hours. Arraignment is the first formal court date, where the charge is read and a plea is entered.
How a first time DUI defense is put together
The review starts with the stop. If the officer lacked reasonable suspicion to pull the car over, a motion to suppress can ask the court to exclude the evidence that followed. Next come the roadside exercises, checked against the NHTSA standards for how they are given and scored, and the breath test, including the Intoxilyzer 8000 records and the required 20 minute observation period.
Discovery gives the defense the state's reports, breath records and video, and Florida allows depositions of the officers and other witnesses. In misdemeanor cases, which include most first and second DUIs, depositions are more limited and generally need a showing of good cause. Depending on what that evidence shows, a first DUI may be dismissed, resolved by plea, in some cases as a lesser charge such as reckless driving, or taken to trial. None of those paths is automatic.
DUI Lawyers Shield Firm is led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014, and offers a free case review to people facing a first DUI charge.
Other DUI defense pages
- Second DUI
- Third DUI
- Felony DUI
- DUI Manslaughter
- DUI With Serious Bodily Injury
- Underage DUI
- Commercial DUI (CDL)
- DUI With Drugs
- Boating Under the Influence (BUI)
- Breathalyzer Refusal
- Field Sobriety Test Defense
- Blood Test Defense
- DUI License Suspension
- License Reinstatement
- DMV Formal Review Hearing
- Ignition Interlock Device
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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