First Time DUI Offender Guide in Florida
Getting charged as a first time DUI offender in Florida can feel like your life is suddenly on fast-forward—court dates, paperwork, fear about your license, and a lot of “What happens now?” If this is your first DUI, you still have options, and the early decisions you make can directly impact the outcome.
If you’re in South Florida (Fort Lauderdale, Broward County, Miami-Dade, or Palm Beach), start by reviewing:
DUI Defense and
Criminal Defense.
For immediate next steps after an arrest, see:
What to Do Immediately After a DUI Arrest in Florida.
Understanding First Time DUI Charges in Florida
A first time DUI offender in Florida is generally someone with no prior DUI convictions. Florida’s DUI statute is:
Florida Statutes § 316.193.
DUI can involve an alleged BAC of 0.08% or higher, or driving while impaired by alcohol and/or drugs.
How a first DUI case typically unfolds
- Traffic stop: An officer must have a lawful reason to stop you (a valid traffic infraction or other legal basis).
- DUI investigation: Questions, observations, and often field sobriety exercises. (If your arrest involved a checkpoint, read:
DUI Checkpoint Rights and Defense Strategies.) - Chemical testing: Breath, blood, and/or urine testing may be requested.
Refusal allegations can carry serious license consequences—see:
Refusing a Breathalyzer Test: Consequences and Rights. - Booking and release: Conditions can include bond, “no alcohol” orders, or ignition interlock requirements in some situations.
If you’re unsure what to do right now, this checklist-style page is a strong starting point:
What to Do Immediately After a DUI Arrest in Florida.
What Are the DUI Penalties for a First Offense in Florida?
First offense DUI penalties depend on the facts—especially alleged BAC level, whether there was a crash, property damage, injury, or a minor in the vehicle.
Below is a general overview of commonly imposed penalties for a first time DUI offender in Florida.
| Penalty Type | Range / Requirement | Notes |
|---|---|---|
| Jail Time | Up to 6 months | Can increase with alleged BAC ≥ .15 or other enhancements |
| Fines | $500–$1,000 | Often increases with aggravating factors |
| Probation | Up to 1 year | Common on first offenses |
| License Suspension | Varies by case type | Administrative suspension may begin immediately after arrest |
| DUI School | Mandatory (Level I typically) | Usually includes substance abuse evaluation |
| Community Service | Often ordered (commonly 50 hours) | Courts may allow a buyout option in some cases |
| Ignition Interlock (IID) | Sometimes ordered | More likely with alleged BAC ≥ .15, or if required by court terms |
For official state information, see:
FLHSMV DUI Information.
License Suspension and the DMV Side of a First DUI
Many people are surprised to learn a DUI can trigger administrative license suspension through FLHSMV separate from the criminal court case. In other words, you can be fighting two battles at once:
court and DMV.
- Official overview:
Florida DUI Administrative Suspension Laws (FLHSMV) - What to do quickly after arrest:
What to Do Immediately After a DUI Arrest in Florida
If your case involves allegations of a crash or damage, that can also change how prosecutors charge the case and how aggressively they pursue penalties. Related reading:
DUI with Property Damage: Felony Charges Explained.
Probation, DUI School, and Your Driving Future
For many first-time DUI cases, probation is part of the sentence. Probation terms can include reporting requirements, community service, DUI school, treatment recommendations, and other conditions. If you’re worried about staying compliant, it helps to understand how violations can escalate quickly.
DUI school is typically mandatory and often must be completed (or at least started) before full license reinstatement is even on the table. Official program information:
FLHSMV DUI Programs.
What Happens at Your First Court Appearance?
Your first appearance is often an arraignment (depending on how the case is filed and scheduled). This is where the court formally presents the charge and you enter a plea (or your attorney addresses the plea on your behalf, depending on the case).
- Bond conditions may be reviewed or modified.
- Discovery (the evidence) becomes a major focus: reports, video, breath records, witness statements.
- The case may be evaluated for opportunities to reduce penalties based on weaknesses in the stop, the investigation, or testing.
If you want a clear overview of how Mayersohn Law Group approaches DUI defense, start here:
DUI Lawyer.
Defense Strategies That Often Matter in First-Time DUI Cases
A first DUI is defensible. The goal is to identify what the state must prove and where the evidence breaks down. Common defense angles include:
1) The traffic stop was not lawful
If the officer lacked legal justification to stop the vehicle, it can limit what evidence is usable in court.
2) Field sobriety exercises were unreliable
These exercises are often treated like “proof,” but conditions matter—lighting, road surface, footwear, nerves, injury, and medical factors can all skew performance.
3) Breath or blood testing issues
Breath tests can be challenged based on procedures, maintenance, observation periods, or medical factors. Blood tests can raise chain-of-custody and lab reliability questions.
4) Refusal allegations and implied consent consequences
Refusal can trigger administrative penalties and becomes a major piece of the prosecutor’s narrative. Read:
Refusing a Breathalyzer Test: Consequences and Rights
and the statute:
Florida Statutes § 316.1932 (Implied Consent).
If this is your first DUI and you want a defense plan built for your facts, talk with Leah Mayersohn and Mayersohn Law Group:
Fort Lauderdale DUI Defense.
First DUI in Florida FAQs (Table)
| Question | Answer |
|---|---|
| Will I go to jail on a first DUI in Florida? | Not always. Jail is possible, but many first-time cases are handled without maximum jail exposure—especially when there are no enhancements or accident allegations. |
| Can I keep my driver’s license? | Maybe. Many DUI cases involve an administrative suspension through FLHSMV that runs separately from court. Timing matters, so act quickly after arrest. |
| Do I have to do DUI school? | In most first offense cases, DUI school is required, and you may also need a substance abuse evaluation. |
| What if I refused the breath test? | Refusal can trigger administrative penalties and complicate the criminal case. Start here: Refusing a Breathalyzer Test: Consequences and Rights. |
| Should I just plead guilty to “get it over with”? | Pleading early can lock in consequences that follow you for years. It’s usually smarter to review the stop, evidence, and testing first. |
| Does a first DUI affect employment? | It can—especially if your job involves driving, licensing, or background checks. A defense plan can focus on minimizing long-term impact. |
Helpful Official Resources
| Resource | What It’s For |
|---|---|
| Florida Statutes § 316.193 | Florida DUI law definition and penalty framework |
| Florida Statutes § 316.1932 | Implied consent and refusal consequences |
| FLHSMV DUI Information | State DUI programs, licensing, education requirements |
| Florida Courts | General court process information and resources |
| Broward County Clerk of Courts | Case lookup and court administration resources (Broward) |
Talk to Mayersohn Law Group About a First DUI
If you’re facing a first time DUI charge in Florida, you don’t have to guess your way through the system. Mayersohn Law Group represents clients across South Florida and focuses on smart, evidence-driven defense from the beginning of the case.
Mayersohn Law Group, P.A.
500 E. Broward Blvd, Suite 1580, Fort Lauderdale, FL 33394
Tel: 954-765-1900
DUI Defense |
Criminal Defense |
Locations
Disclaimer: This content is for general information only and does not create an attorney-client relationship. Every case is different and depends on the specific facts.
