TL;DR
Florida DUI is governed by F.S. §316.193. A first DUI is generally a misdemeanor with up to 6 months in jail, up to $1,000 in fines, license suspension, vehicle impoundment, and DUI school. Penalties escalate sharply with prior DUIs, BAC ≥ 0.15%, a minor in the vehicle, or any crash with injury. A DUI triggers two parallel cases — administrative (license) and criminal — with very different timelines.
How Florida defines DUI
Under F.S. §316.193, a person is guilty of DUI when driving or in actual physical control of a vehicle with a blood- or breath-alcohol level of 0.08% or higher, or when their normal faculties are impaired by alcohol, controlled substances, or chemical substances. “Actual physical control” can include sitting in a stationary vehicle with the keys.
The two parallel cases
A DUI arrest creates two separate cases that move on different tracks:
- Administrative case (license). Florida DHSMV automatically suspends your license — 6 months for a first BAC ≥ 0.08 reading, 12 months for a refusal. You generally have 10 days from arrest to request a formal review hearing or risk losing the chance to challenge the suspension.
- Criminal case. Filed by the State Attorney, this is where the charge itself is litigated — first appearance, arraignment, discovery, motions, and resolution.
The administrative side moves fast and is easy to miss. Even if you eventually beat the criminal charge, missing the 10-day window can mean an avoidable license suspension on your driving record.
First DUI penalties (educational ranges)
For a first conviction without aggravators, statutory maximums include up to 6 months in jail, fines from $500 to $1,000, 50 hours of community service, 6-month vehicle impoundment, DUI school, and 12-month license revocation. Probation is common; jail time is not always imposed for first-time defendants without aggravators.
Aggravating factors that escalate the charge
- High BAC (≥ 0.15%): Enhanced jail and fine ranges; ignition interlock device (IID) required.
- Minor in vehicle: Enhanced penalties similar to high BAC.
- Property damage or non-serious injury: First-degree misdemeanor, up to 1 year in jail.
- Serious bodily injury: Third-degree felony, up to 5 years.
- DUI manslaughter: Second-degree felony, up to 15 years.
- Prior DUIs: A third within 10 years is a felony; a fourth ever is a felony.
What to expect at the criminal first appearance
Within 24 hours of arrest a judge will review probable cause and set bond. See our first arrest walkthrough for a full description. Standard bond for a first DUI without aggravators is typically modest, but pretrial release conditions often include alcohol prohibition, ignition-interlock requirements, and no-driving orders.
Refusing the breath test
Florida’s implied consent law means that obtaining a driver license includes consent to submit to lawful chemical testing. Refusal carries a 1-year administrative suspension (18 months for a second refusal) plus a separate misdemeanor charge for repeat refusers. Refusing may or may not benefit you strategically — it depends on facts only your attorney can assess.
Hardship and business-purpose licenses
Many DUI defendants qualify for a hardship license allowing driving to work, school, medical, and church. Eligibility rules vary by suspension type and prior record; DUI school enrollment is typically a prerequisite.
Common questions
Can a DUI be reduced to reckless driving? Sometimes — known as a “wet reckless.” It depends on facts, jurisdiction, and the State’s view of the case.
Will a DUI ever come off my record? Florida law generally prohibits sealing or expunging a DUI conviction. Pretrial diversion outcomes and reductions follow different rules — see our sealing/expungement guide.
Do I need a Pinellas-specific attorney? Local familiarity matters. Each circuit and each Assistant State Attorney has different patterns. Use our consultation-prep tool to build a question list before you meet.
When to consult an attorney
The 10-day administrative window is the single most time-critical decision in a Florida DUI case. If you were arrested for DUI in the last week, contact a licensed attorney immediately.
Related guides
Consult a licensed attorney for legal advice.
This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.
Consult a licensed attorney for legal advice.
This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.