First DUI in Florida: Penalties, License Consequences and Next Steps
A first DUI charge can lead to fines, probation, driver-license consequences and possible jail. An arrest is not a conviction. The alleged conduct, evidence, prior record and law applicable to the offense date determine the issues to review.
Ordinary first-conviction penalties
Under Florida Statutes section 316.193, an ordinary first conviction carries a $500–$1,000 fine and up to six months in jail. These ranges do not cover enhanced or crash-related offenses.
Probation and incarceration together generally cannot exceed one year for an ordinary first conviction.
DUI education, evaluation and any required treatment apply.
At least 50 hours of community service is generally required, with a limited statutory hardship alternative.
A 10-day vehicle impoundment or immobilization generally applies, subject to statutory exceptions.
Separate court costs and other expenses may apply.
A BAC of 0.15 or higher or a passenger under 18 raises the first-conviction fine to $1,000–$2,000 and the maximum jail term to nine months, with an ignition-interlock requirement. Crash damage, serious injury or death can change the offense and penalties further.
Two different driver-license consequences
Administrative suspension: Section 322.2615 provides a six-month suspension for a first unlawful-BAC suspension and a one-year suspension for a first lawful-test refusal. Different histories can produce different periods.
Court revocation: a first DUI conviction generally requires revocation for 180 days to one year under section 322.28, except a violation resulting in death.
A formal or informal administrative review generally must be requested within 10 days after issuance of the suspension notice. An eligible driver may receive a temporary permit. Read the notice and discuss restricted-license options promptly; do not wait for the criminal court date.
What happens after a first DUI arrest?
The criminal matter may involve release conditions, arraignment, discovery, motions, negotiations and trial. Timing and required appearances depend on the case and court. The administrative license matter follows its own process.
Keep your citation, release papers, suspension notice and hearing information together. Confirm which proceedings a lawyer’s proposed representation covers, and follow every court order while the case is pending.
What must the State prove?
Florida’s DUI statute addresses driving or actual physical control while normal faculties are impaired by specified substances, or while the statutory blood- or breath-alcohol threshold is met. A first arrest does not relieve the State of its burden of proof.
Evidence may include observations, field exercises, video, witness accounts and chemical testing. A result of 0.08 or higher is significant, but the complete record and admissibility issues still require review.
Preserve the records needed for a defense
Keep original documents and recordings and identify potential witnesses for counsel. Issues may include the basis for the stop, arrest, testing procedures and reliability of the evidence. A possible issue is not a guarantee of suppression or dismissal.
The breath-test guide below explains questions to raise during an evidence review.
Can a first DUI be reduced or dismissed?
Some cases resolve through a reduction, dismissal or decision not to prosecute; others proceed to plea or trial. The evidence, applicable law, criminal history and prosecutor’s assessment matter. First-offense status alone does not guarantee a favorable resolution.
Review the consequences of any proposed plea with counsel. Our selected case results document particular outcomes and their limits; past results do not guarantee a similar outcome.
What can a first DUI cost?
The statutory fine is only one part of the possible expense. Discuss attorney fees, court costs, education and treatment, insurance, vehicle immobilization or interlock, and license reinstatement separately.
Request a written explanation of the services included in the proposed legal fee. The firm offers free consultations and payment options; the scope and terms depend on the representation agreement.
Find the guide for your county
The penalty framework is statewide, but hearing locations and case administration are local. Use our first DUI in Sarasota guide for Sarasota court preparation or our first DUI in Bradenton guide for Manatee County resources.
Daniel D. Nawara represents clients in Sarasota, Bradenton and surrounding Florida communities. For broader representation information, see Sarasota DUI defense or Bradenton DUI defense.
Common first-DUI questions
Is jail mandatory for every first DUI?
No. Section 316.193(2) allows jail for an ordinary first conviction but does not prescribe a mandatory minimum term for every such case. Aggravating circumstances and other charges can change the analysis.
Does a first DUI always mean a misdemeanor?
No. An ordinary first DUI is a misdemeanor, but allegations involving serious bodily injury or death can be felonies even without an earlier DUI conviction.
Is a first Florida arrest the same as a first offense?
Not necessarily. Certain prior out-of-state or other qualifying convictions can count. Give counsel your complete history rather than assuming an earlier matter is irrelevant.
What should I do now?
Check the suspension notice, calendar court dates, preserve records and discuss driving eligibility and defense options promptly. Call (941) 920-5514 or request a free consultation.
Updated September 29, 2026. Sources: Florida Statutes sections 316.193, 322.2615 and 322.28, linked above. General information, not legal advice; the offense date and circumstances determine the applicable law.