First-time DUI in Florida
I have been defending DUI charges since 1992. I prepare and defend every case with a hands-on approach, and I will keep you involved and updated as your case moves to resolution.
Charged with a DUI
Your job and family may be at risk, and the hours following your release from jail are the most important. The State is already preparing its case against you. Do not make any statements to law enforcement or consent to a search.
DUI can be a misdemeanor or a felony. If you are driving, or have control over a car, with a blood alcohol content of 0.08 or higher, you are driving while impaired. It does not matter whether you feel sober; 0.08 is the number the legislature has set. And impairment is not limited to alcohol: any substance that impairs your ability to drive will get you arrested.
The DUI stop
A typical DUI investigation follows the same script.
The questions
“Where are you coming from? Have you been drinking tonight?” Do not answer. Do not make any statements.
Field sobriety exercises
Touch your nose, walk the line heel to toe. Do not consent. These exercises are designed for failure.
The HGN eye test
The officer shines a light in your eyes to check for jerking and dilation. Do not consent to this test.
The breath test
You will be asked to blow. You can refuse, but refusal carries its own penalties, covered below.
Can I refuse to blow?
I am asked this question more than any other. Yes, you can refuse, but if you drive on Florida's roads you have given implied consent, and a refusal has consequences: your license will be suspended for one year, and since 2025 a first refusal is also charged as a 2nd-degree misdemeanor of its own.
The only benefit of refusing is that you are not handing the State evidence to use against you. The arresting officer can still testify about your behavior and demeanor.
First-DUI penalties (.08 to .15)
If a jury finds you guilty or you enter a plea, the mandatory minimum sentence includes:
Permanent record
You will be adjudicated guilty, which means a DUI conviction can never be sealed or expunged.
Fine of $500 to $1,000
Rising to $1,000 to $2,000 with a BAC of .15 or higher or a minor in the car, and up to $5,000 if an accident caused serious injury.
Probation up to 1 year
Including 50 hours of community service, DUI school, and an alcohol and drug evaluation with all recommendations followed.
License suspension
Six to twelve months, plus your car impounded for 10 days and court costs.
Up to 6 months in jail
Up to 9 months if your BAC was .15 or higher.
Ignition interlock
Possible for any first DUI, and mandatory for 6 months if you blow .15 or higher.
DUI diversion programs
Most jurisdictions offer a diversion program for first-time offenders, such as DROP or RIDR. They focus on rehabilitation rather than punishment: complete the court-approved sanctions, treatment, and testing, and you avoid a DUI conviction, which keeps you eligible for sealing or expungement. To qualify, applicants generally must meet these conditions:
This is your first DUI offense, with no prior convictions, including those resolved through diversion or reduced charges.
BAC below 0.150, with no refusal to provide a sample.
No accident causing bodily injury or significant property damage, and no minor children in the vehicle.
No accompanying felony charges and no fleeing the scene.
A valid driver's license at the time of the offense, and no CDL.
No pending charges or current supervision such as probation or parole.
Inside the program you will attend educational sessions and counseling, complete community service, attend a Victim Impact Panel, maintain an interlock device if required, and pay fines and costs. Failing to comply can put you back into the original criminal proceeding.
The administrative hearing
After you receive notice that your driver's license will be suspended, you have 10 days to file a written request for an administrative hearing to contest the suspension. At a formal hearing you can present evidence and witnesses. You should subpoena the officer who arrested you and issued the notice: if the officer fails to appear, your license will most likely be reinstated.
You have 10 days to fight your license suspension. Do not wait.
Related reading
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