If you have been charged with a DUI for the first time, you probably have more than a few questions about how a DUI case works and what kind of penalties you're facing. While every case and defendant will come with a different set of circumstances, as far as DUI charges go, first-time DUI penalties in Florida are typically much more lenient than the penalties for repeat DUI charges.
Being arrested for DUI and spending a night in a cell is frightening, and the license side of the case starts moving immediately. Under Florida Statute 322.2615(1)(b)3., you have 10 days from the date the notice of suspension was issued to ask the Department of Highway Safety and Motor Vehicles for a formal or informal review. Keep reading to learn more about some of the typical penalties and fines that first-time DUI offenders can face in Florida.
Consequences of a First-Time DUI in Florida
Florida Statute 316.193(1) gives the state two ways to prove DUI: that your normal faculties were impaired, or that your blood-alcohol level was 0.08 grams or more per 100 milliliters of blood or your breath-alcohol level was 0.08 grams or more per 210 liters of breath. You can be arrested for DUI on the impairment theory alone, with no test result at all. Weinstein Legal Team has offices in Palm Beach County and Broward County.
A first DUI in Florida is a criminal charge, not a traffic ticket. A conviction brings a mandatory fine, a license revocation, probation, community service, and a record that cannot be sealed.
The penalties that you face will be determined based on several factors. These factors include your blood-alcohol or breath-alcohol level, whether you refused testing, whether a minor was in the vehicle, and whether anyone was hurt or any property was damaged. Refusal is now a charge of its own: under Florida Statute 316.1939, as amended by chapter 2025-121, a first refusal of a lawful breath or urine test is a second-degree misdemeanor carrying up to 60 days in jail and a fine of up to $500. That is separate from the license suspension, which is one year for a first refusal and 18 months for a subsequent one under Florida Statute 316.1932. If you've caused bodily harm to another individual, you should seek counsel from a DUI manslaughter lawyer immediately.
A first DUI conviction carries a fine of $500 to $1,000 under Florida Statute 316.193(2)(a)1.a. If your blood-alcohol or breath-alcohol level was 0.15 or higher, or a passenger under 18 was in the vehicle, Florida Statute 316.193(4)(a)1. raises the fine to $1,000 to $2,000 regardless of the reading. A separate child neglect charge under Florida Statute 827.03(2)(d) is a third-degree felony, but it is not automatic: the state has to prove willful or culpably negligent neglect.
A first DUI conviction also revokes your driver license for at least 180 days and up to one year under Florida Statute 322.28(2)(a)1. Florida Statute 316.193(6)(a) adds probation of up to a year, at least 50 hours of community service, and impoundment or immobilization of the vehicle for 10 days. Florida Statute 316.193(5) requires DUI school and a psychosocial evaluation, with treatment if the evaluation calls for it. If your level was 0.15 or higher, or a minor was in the car, Florida Statute 316.193(4)(c) makes an ignition interlock device mandatory for at least six continuous months.
You may also face jail time. A first DUI carries up to six months in jail under Florida Statute 316.193(2)(a)2.a. That rises to up to nine months under Florida Statute 316.193(4)(b)1. if your level was 0.15 or higher or a passenger under 18 was in the vehicle. A DUI lawyer's job at sentencing is to put the mitigation in front of the judge and argue for the lowest sentence the facts support.
A Florida DUI conviction stays on your record permanently. Under Florida Statute 316.656(1), no court may withhold adjudication on a DUI, so there is no plea that keeps the conviction off your record, and a DUI conviction cannot be sealed or expunged. That means that any job you apply for, any time you go to renew car insurance, or any house or apartment you attempt to rent or buy, the DUI charge will appear. It is important to hire a qualified and experienced DUI lawyer to help fight your arrest for DUI.
Partner Matt Shafran at Weinstein Legal Team is a former prosecutor in Palm Beach County who has handled DUI cases throughout the county including Boca Raton, Delray Beach, Wellington, Palm Beach Gardens, Jupiter, and more. He has also handled DUI cases in Miami-Dade County, Broward County, and many other counties throughout the State of Florida.
Social Consequences of a DUI in Florida
Not only are the legal ramifications of a DUI in Florida significant, but the social consequences can be severe as well. If you share custody of your children, your co-parent may try to argue in court that you are unfit to care for your child. If you lose your license and have no means of transportation, you may not be able to make it to work, and you could lose your job.
Additionally, without a license, you will be unable to drive to doctor's appointments, gatherings with friends, the supermarket, and anywhere else that you are accustomed to going daily. Having a DUI conviction and losing your license can impact you significantly.
Is There a Difference Between a DUI and a DWI?
There is no difference between a DUI and a DWI, and you may hear them used interchangeably. The reason for this is that each state in the country creates its own laws regarding driving a vehicle while intoxicated. Some states refer to the charge as a DWI, which stands for Driving While Intoxicated, or Driving While Impaired, which may also reference drugs were involved.
In the state of Florida, the charge is called a DUI, or Driving Under the Influence, regardless of the circumstances.
What Does Being "In Control Of Your Vehicle" Mean?
To be charged and convicted of a DUI in Florida, you must be the person who was in actual physical control of your vehicle. The prosecution must prove this was the case to convict you.
Florida Statute 316.193(1) reaches a person "driving or in actual physical control of a vehicle," and the statute does not define the second phrase. Whether you had actual physical control is decided on the facts of your case, which is why it is often the point a first DUI turns on.
If you were driving your vehicle and you were pulled over, and then found to be intoxicated, you were in control of your vehicle. However, if your vehicle was parked in a parking lot or on the side of the road and you were intoxicated while inside, can you still be charged with DUI?
A prosecutor may claim that yes, you can be convicted, as you were in actual physical control of your vehicle at that time, and you were under the influence. Even if the car is not running, you may still be charged. What this means is that you can lose your license, face hefty fines, and even jail time if you were not driving your car but rather just had the ability to operate the vehicle.
Speak To An Attorney About Your DUI Charges Today
Contact Weinstein Legal Team today. We are standing by to discuss your charges and start strategizing your defense.
