Florida DUI First Offense

In the state of Florida a person will be arrested and charged with a first offense DUI charge if they are stopped by an officer while operating a motor vehicle, boat or water craft and have not been previously convicted of a DUI charge within the past 10-years and that person is found to have a blood alcohol concentration level of .08% or greater per section 316.193 of the Florida DUI law code. A person will also be arrested if they are found to be under the influence of a drug or intoxicant and their ability to drive has been affected.

If you have been involved in an accident and the officer on scene has probable cause to believe that you have been driving under the influence, you will be arrested for DUI. You may also be arrested on a first offense DUI charge in Florida if you are stopped by an officer and found to have an open container in the vehicle with any amount of the contents of the container removed and you exhibit signs of being under the influence.

Florida Administrative Driver's License Hearing

In the state of Florida when a person is arrested on a first offense DUI charge they only have 10 days from the date of arrest in which they may request a formal administrative hearing with the Florida DMV if they wish to avoid an automatic 6-month license suspension (if a breathalyzer test was submitted to), or a 1-year license suspension for refusing to submit to a breathalyzer test.

It should be noted that any information collected at the hearing may be used against you in your criminal case that will be dealt with in court. We strongly recommend that if you are facing a first offense DUI charge in Florida that you immediately contact a Florida DUI lawyer who has experience when it comes to representing clients at an administrative license hearing. First time DUI offenders in Florida may request a hardship license at the end of their administrative hearing if the hearing officer upholds the arresting officer's suspension of their license.

Jail Sentencing

The jail sentence for a first offense can be no more than 6 months. If you had a blood alcohol level of .15% or greater, or there was a minor in the vehicle at the time of arrest the jail sentence can be up to 9 months.

The court has to discretion to grant an alcoholism or drug abuse treatment program in lieu of any jail sentence.

Fines

The minimum fine amount for a first offense DUI in Florida will be no less than $500 up to a maximum of $1,000 plus all applicable court costs. If you had a blood alcohol level of .15% or greater, the minimum fine amount is $1,000 up to a maximum of $2,000 plus court costs.

Vehicle Impoundment

Your vehicle will be impounded for 10 days following a first offense arrest in Florida. The only exception to the impoundment will be if your family has no other means of transportation. You will be responsible to pay for all towing and impoundment fees.

Ignition Interlock

For a first offense DUI in Florida with a BAL of less than .15% an ignition interlock device will be at the courts discretion based on the circumstances surrounding your case. If your BAL was .15% or greater, or there was a minor in the vehicle at the time, there will be a minimum 6 month ignition interlock period.

License Suspension

If the DMV finds you guilty of DUI they will suspend your driver's license for a period of 6 months as long as you submitted to a breathalyzer test. Failure to submit to a breathalyzer test will result in a 1-year driver's license suspension.

Before the Florida DMV will reinstate your license following your suspension period or before issuing you a hardship license you will be required to pay the required license reinstatement fees along with filing proof of financial responsibility with the DMV in the form of a Florida SR22 insurance filing before your license will be reinstated.

Florida First Offense DUI Under 21

Per Florida DUI law section 322.2616 it is against the law for anyone under the age of 21 to operate a motor vehicle with an alcohol level of .02% or greater. Anyone under 21 who is found to have an alcohol level of .02% or greater will have their driver's license suspended for a period of 6 months for a first offense violation. This violation does not constitute a traffic infraction or a criminal offense. Also being arrested for violating section 322.2616 does not constitute an actual arrest, therefore it will not show on a person's criminal record.

A person under the age of 21 who has a BAL of .08% or greater will face the same penalties as a person over 21 would face for the same violation.