First DUI in Florida: Penalties, License Suspension & What to Expect

If you've just been arrested for your first DUI in Florida, you're probably scared, confused, and full of questions. That's completely normal. A first DUI is a serious charge, but it's also one where the right defense strategy can make an enormous difference in the outcome. Here's what you're actually facing and what you can do about it.

Criminal Penalties for a First DUI (F.S. 316.193)

Under Florida Statute 316.193, a first DUI is a misdemeanor. But don't let the word "misdemeanor" lull you into thinking this isn't serious. The potential penalties include:

• Jail: Up to 6 months in county jail. If your BAC was .15 or higher, or a minor was in the vehicle, that jumps to up to 9 months.
• Fines: $500 to $1,000. With a BAC of .15 or higher, fines increase to $1,000 to $2,000. Court costs, surcharges, and assessments can push the total well beyond the base fine.
• Probation: Up to 12 months. Probation typically includes conditions like random drug and alcohol testing, community service, and DUI school.
• Community Service: A minimum of 50 hours.
• DUI School: Completion of a state-approved DUI education program (Level I, typically 12 hours).
• Vehicle Impound: 10-day mandatory impoundment of your vehicle.
• Ignition Interlock Device: Mandatory for 6 months if your BAC was .15 or higher. The court may order it for lower BAC levels at its discretion.

License Suspension: The 10-Day Clock

When you're arrested for DUI in Florida, your license is suspended administratively -- separate from anything the criminal court does. How long depends on what happened at the time of arrest:

• BAC .08 or higher: 6-month administrative suspension.
• Refused the breath test: 1-year administrative suspension (this is your first refusal; a second refusal is a separate misdemeanor charge).

Here's the critical part: you have exactly 10 days from the date of your arrest to request a formal review hearing with the DHSMV. If you don't request the hearing within those 10 days, your suspension goes into effect automatically and you lose the right to challenge it.

When you request the formal review hearing, you receive a temporary driving permit that keeps you on the road until the hearing takes place. This is one of the most time-sensitive steps after a DUI arrest, and it's one of the first things I handle for my clients.

Hardship License Options

If your license is suspended, you may be eligible for a hardship license that allows you to drive for business and employment purposes. The requirements vary depending on whether you took or refused the breath test, but generally you'll need to enroll in DUI school and may need to complete a substance abuse evaluation first.

The Court Process: What Happens After Arrest

Understanding the timeline helps reduce anxiety. Here's the typical progression of a first DUI case in Central Florida:

1. Arrest and Booking

You're taken to the county jail, booked, and held until you're sober enough for release (usually about 8 hours) or until you post bond.

2. First Appearance (Within 24 Hours)

A judge reviews your case, confirms the charges, and sets bond conditions. For a first DUI, most people are released on their own recognizance or with a standard bond.

3. Arraignment

You formally enter a plea. With an attorney, this step is typically waived -- we enter a written not-guilty plea on your behalf so you don't have to appear.

4. Discovery and Pre-Trial

This is where the real work happens. Your attorney reviews all evidence: police reports, body camera footage, breath test records, maintenance logs for the breath testing instrument, dashcam video, witness statements. Pre-trial conferences with the prosecutor are where negotiations occur.

5. Resolution or Trial

Many first DUI cases are resolved through negotiation -- either a reduced charge, diversion program, or favorable plea terms. If the evidence supports it, we take the case to trial.

DUI Diversion Programs

Some Florida counties offer DUI diversion programs for first-time offenders. These programs typically require you to complete DUI school, community service, a substance abuse evaluation, random testing, and a probationary period. In exchange, the charge may be reduced or the adjudication withheld.

Implied Consent and Refusal Consequences

Florida's implied consent law (F.S. 316.1932) means that by driving on Florida roads, you've already consented to a breath, blood, or urine test if an officer has probable cause to believe you're impaired. You can still refuse the test, but refusing comes with consequences:

• First refusal: Automatic 1-year license suspension (compared to 6 months for a failed test).
• Your refusal can be used against you at trial -- the prosecutor will argue you refused because you knew you'd fail.
• You still face the DUI charge. Refusing doesn't make the case go away. Officers will rely on their observations, field sobriety exercises, and other evidence.

How an Attorney Helps at Every Stage

As a former Florida State Trooper and NHTSA DUI Detection Instructor, I know exactly how DUI investigations are supposed to be conducted -- and where officers cut corners. Here's what I focus on for first DUI clients:

• Within 10 days: File the DHSMV formal review hearing request to protect your driving privileges.
• Discovery phase: Obtain and review all evidence including body camera, breath test instrument records, and calibration/maintenance logs.
• Challenge the stop: Was there reasonable suspicion? Did the officer have a lawful reason to pull you over?
• Challenge the tests: Were field sobriety exercises administered according to NHTSA standards? Was the breath test instrument properly maintained and operated?
• Negotiate aggressively: Push for diversion, reduced charges, or withhold of adjudication where appropriate.
• Trial preparation: If the case warrants it, prepare a thorough defense for trial.

The Bottom Line

A first DUI in Florida is serious, but it's not the end of the road. The penalties are real, but there are also real defenses, real options, and real opportunities to minimize the impact on your life. The worst thing you can do is wait -- especially with that 10-day DHSMV deadline ticking.

If you've been arrested for a first DUI in Central Florida, call me. The consultation is free, and the sooner we start working on your case, the more options we have.