What Are the Penalties for a First-Time DUI in Florida?

It can happen in an instant. One moment, you’re driving home after dinner or a night out—and the next, you see flashing lights in the rearview mirror. A field sobriety test, a breathalyzer, and a few questions later, you’re in the back of a patrol car. For many people, a first DUI arrest is their first real encounter with the criminal justice system. And while it’s natural to feel anxious and uncertain, it helps to understand what’s actually at stake.

Florida treats driving under the influence seriously, even for first-time offenders. However, not all DUI charges are the same. The penalties can vary depending on the circumstances of your arrest—especially your blood alcohol content (BAC), whether there was a crash, and whether any minors were in the vehicle.

Here’s a breakdown of what you could be facing if you’re charged with a first-time DUI in Florida—especially in jurisdictions like Charlotte County, where DUI enforcement is taken seriously.

Criminal Penalties for a First DUI

A first DUI is typically classified as a misdemeanor. That said, a conviction still carries substantial consequences, including:

• Up to 6 months in jail – If your BAC was below 0.15% and there were no aggravating factors, the court can impose a jail sentence of up to six months. If your BAC was 0.15% or higher—or if a minor was in the car—the maximum jail time increases to 9 months.
• Fines between $500 and $1,000 –These fines can rise to $1,000–$2,000 for high BAC or child passenger cases. Fines are mandatory upon conviction, and they don’t include court costs or additional program fees.
• 12 months of probation –Florida law limits probation and jail time to a combined total of one year for a first DUI, but it’s common to be placed on supervised probation with regular reporting requirements.
• Mandatory DUI school –You’ll need to complete a 12-hour DUI education course. In some cases, substance abuse counseling may also be required, especially if your evaluation indicates a need for treatment.
• Community service – Courts typically require at least 50 hours of community service for a first offense.

Driver’s License Suspension

Your driving privileges will be affected even if you haven’t been convicted yet. Florida imposes both administrative and criminal penalties related to your license.

• Administrative suspension
  If you blow over the legal limit or refuse a chemical test, your license may be suspended immediately. For a first offense, the suspension lasts:
  
  • 6 months for failing the test
    
  • 12 months for refusing the test
    
• You may be eligible for a hardship license that allows you to drive for work or school, but you must act quickly—within 10 days of your arrest—to request a formal hearing.
  
• Criminal suspension
  Upon conviction, the court may impose a 6- to 12-month suspension separate from the administrative one. You’ll also be required to complete DUI school before reinstating your license.

In places like Punta Gorda, where local law enforcement agencies take a firm stance on impaired driving, it’s especially important to address license issues early and strategically.

Other Consequences You Might Not Expect

In addition to the standard penalties, there are other potential ripple effects from a first-time DUI conviction:

• Vehicle impoundment for 10 days
• Higher car insurance rates or cancellation
• Ignition interlock device requirement (mandatory in some cases, discretionary in others)
• Employment consequences, especially for jobs that require driving or professional licensing
• Permanent criminal record, which cannot be expunged if convicted

It’s also worth noting that Florida does not offer expungement for DUI convictions. Once you plead guilty or are found guilty, it stays on your record.

Is Jail Time Always Required?

Not necessarily. Judges have discretion, and many first-time offenders receive probation instead of jail. That said, your chances of avoiding jail depend on factors like:

• The strength of the evidence
• Your BAC level
• Whether you caused an accident or injury
• How your attorney presents your case

Diversion programs or negotiated pleas to lesser charges like reckless driving may be available for eligible individuals. These options can help avoid a conviction and reduce the long-term consequences.

Get Legal Guidance You Can Count On

Facing a DUI for the first time can feel isolating—but you don’t have to handle it alone. The right defense strategy can make a huge difference in how your case is resolved. At Drew Fritsch Law Firm, we represent individuals throughout Charlotte County, Punta Gorda, and neighboring areas who are facing first-time DUI charges. 

Led by former prosecutor Drew Fritsch, we know how to challenge the evidence, push for reduced penalties, and protect your future. Contact us today to schedule a consultation and learn how we can help you fight back.