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DUI & Traffic Crimes

First DUI in Florida: Penalties and What Follows

What Florida law sets for a first DUI conviction: the fine, jail maximum, probation, community service, DUI school, impoundment, and license revocation.

  • By Pinellas Criminal Law Editorial Team
  • Updated
  • First published
  • Last reviewed
  • 4 min read
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Quick answer

A first DUI conviction in Florida carries a fine of $500 to $1,000 and up to 6 months in jail. The court must also order probation, at least 50 hours of community service, a DUI program course, a 10-day vehicle impoundment, and a license revocation of 180 days to 1 year. The fine and the jail maximum are higher when the alcohol level was 0.15 or more or a passenger under 18 was in the vehicle.

Key takeaways

  • These are the ranges in section 316.193. They are not a prediction of the sentence in any case.
  • Probation and jail together cannot exceed 1 year for a first conviction.
  • A judge cannot withhold adjudication in a DUI case, so a conviction cannot later be sealed or expunged.
  • The administrative license suspension that starts at arrest is separate from the revocation after conviction.
  • In Pinellas and Pasco counties, some first-time cases can be considered for the State Attorney’s D.R.O.P. program.

What the statute requires for a first conviction

Standard first conviction Alcohol level 0.15 or higher, or a passenger under 18
Fine $500 to $1,000 $1,000 to $2,000
Jail Up to 6 months Up to 9 months
Ignition interlock device May be ordered for at least 6 continuous months Required for at least 6 continuous months

These figures are in Section 316.193, Florida Statutes,. Whatever the alcohol level, the court must also order:

  • Probation for up to 1 year. The total of probation and any jail time may not be more than 1 year.
  • Community service of at least 50 hours. The court may allow a payment of $10 an hour instead only if it finds that the service would be an undue hardship because of where the person lives or their work.
  • A DUI program course. The statute requires a substance abuse course run by a licensed DUI program, including a psychosocial evaluation, and any treatment the program refers the person to. The person pays for it.
  • Vehicle impoundment or immobilization for 10 days, as a condition of probation.
  • License revocation of at least 180 days and not more than 1 year, under section 322.28.

The license: two separate actions

Most first-time drivers face an administrative suspension that began at the arrest, 6 months for an alcohol level of 0.08 or higher or 1 year for a refusal, and then the court revocation above if they are convicted. The two are explained in Florida DUI license suspension. The first has a 10-day deadline: see the 10-day rule.

What makes a first DUI more serious

  • Damage or injury. A DUI that causes damage to property or injury to another person is a first-degree misdemeanor.
  • Serious bodily injury. Third-degree felony.
  • Death. DUI manslaughter is a second-degree felony, with higher levels in the circumstances the statute lists.

The general maximums for those levels are in the offense level reference.

The record

Section 316.656, Florida Statutes, says no court may suspend, defer, or withhold adjudication of guilt for a DUI. Because a person who has been adjudicated guilty does not qualify for court-ordered sealing or expunction, a DUI conviction stays on the record. See sealing or expunging a Florida criminal record.

Outcomes other than a DUI conviction

  • A reduced charge. A prosecutor may amend a DUI to another offense, but section 316.656 bars a judge from accepting a plea to a lesser offense when a breath or blood test showed 0.15 or more. See can a DUI be reduced to reckless driving?
  • D.R.O.P. In the Sixth Judicial Circuit, the State Attorney runs a program for first-time misdemeanor DUI cases that meet its criteria. See D.R.O.P. in Pinellas County.
  • Dismissal or acquittal. The State must prove the charge beyond a reasonable doubt.

Common questions

Is jail mandatory for a first DUI in Florida?

Section 316.193 sets a maximum jail term for a first conviction, not a minimum. Minimum jail terms in the statute begin with a second conviction within 5 years.

Is a first DUI a felony?

Not by itself. It becomes a felony when it involves serious bodily injury or a death.

How long does the conviction stay on a record?

It cannot be sealed or expunged under Florida’s court-ordered sealing and expunction statutes.

When to speak with an attorney

A first DUI involves a criminal case, a license case, and deadlines measured in days. A licensed Florida attorney can explain the range that applies to a specific charge. A person who cannot afford a lawyer can ask the court to appoint the public defender. See also DUI in Florida and the DUI and Traffic Crimes topic page.

Official resources and sources

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