First-Offense DUI in Florida: What to Expect

A Florida first offense DUI is a misdemeanor in most cases, and here’s what you’re generally looking at: a fine of $500 to $1,000, up to six months in jail (though jail is not required on a first offense), a driver’s license revocation of 180 days to one year, one year of probation, 50 hours of community service, DUI school, and a 10-day vehicle impound (Fla. Stat. 316.193). Florida also runs a separate administrative license suspension through the FLHSMV that starts right at arrest, and you have only 10 days to challenge it. Below is what each piece means and what to do next.

What counts as a first-offense DUI in Florida

In Florida, you can be charged with DUI if you’re driving or in actual physical control of a vehicle while your normal faculties are impaired or your blood or breath alcohol level is at or above the legal limit (Fla. Stat. 316.193). The limits depend on who you are:

• 0.08 for most drivers age 21 and over (Fla. Stat. 316.193).
• 0.02 for drivers under 21 (FLHSMV).
• 0.04 for anyone operating a commercial vehicle (FLHSMV).

A “first” offense usually means you have no prior DUI conviction. Florida counts a second offense within five years and a third within ten years differently, with steeper penalties, so the lookback timing matters. You can read more in our guide to how Florida’s DUI lookback period works. Even if this is your first arrest, certain facts can push the charge higher, which we cover below.

Penalties for a Florida first offense DUI

Here are the standard penalties a court can impose for a first conviction. Judges have discretion within these ranges, and a higher BAC or a minor in the car raises the floor.

All figures above come from Fla. Stat. 316.193 and FLHSMV. You’ll also be required to complete DUI school (a substance abuse education course) before you can fully reinstate driving privileges. For a fuller breakdown, see our pages on Florida DUI penalties and the real cost of a Florida DUI.

When a first offense becomes more serious

A first arrest doesn’t always stay a standard misdemeanor. A BAC of 0.15 or higher or a passenger under 18 increases the fine and possible jail, and triggers a mandatory ignition interlock device of up to six months (FLHSMV). If the crash caused serious bodily injury, the charge can rise to a third-degree felony, and DUI manslaughter is a more serious felony still (Fla. Stat. 316.193). Our Florida felony DUI guide explains those thresholds.

Your license: two separate suspensions

This trips up a lot of people. After a DUI arrest in Florida, there are two distinct actions against your license, and they run on different tracks.

The administrative suspension (FLHSMV)

The administrative suspension is automatic and begins at the time of arrest. If you took a breath or blood test and were over the limit, it’s a six-month suspension. If you refused testing, it’s a one-year suspension for a first refusal, or 18 months if your license was previously suspended for a refusal (FLHSMV). The officer typically gives you a citation that doubles as a temporary permit valid for 10 days from the date of arrest (FLHSMV).

The 10-day window

That 10-day permit is also your deadline. You have 10 days from your arrest to request a formal review hearing with the FLHSMV to challenge the administrative suspension (Fla. Stat. 322.2615). Miss it, and the suspension stands without review. Many drivers use this window to act quickly. Refusing the breath test carries its own consequences, which you can read about in our page on refusing a breathalyzer in Florida. For the full reinstatement path, see getting your license back after a Florida DUI.

The court revocation

Separately, if you’re convicted in criminal court, the judge orders a license revocation of 180 days to one year for a first offense without injury (Fla. Stat. 316.193). For first offenses, Florida usually allows a hardship (business-purpose-only) license once you enroll in DUI school, so you may not be fully without driving privileges the whole time.

What the court process looks like

A first-offense DUI case generally moves through arraignment, pretrial hearings, and then resolution by plea or trial. Timelines vary by county, and local courts handle these differently. Our overview of the Florida DUI court process walks through each stage so you know what to expect on each date.

Frequently Asked Questions

Will I go to jail for a first DUI in Florida?

Not necessarily. Jail is not required for a standard first offense, though a judge can impose up to six months (Fla. Stat. 316.193). Many first-time outcomes involve probation, fines, community service, and DUI school instead. A BAC of 0.15 or higher, a minor passenger, or a crash can change that.

Can I still drive after a Florida DUI arrest?

Usually yes, for a short time. The citation often serves as a temporary permit valid for 10 days from arrest (FLHSMV). After that, your driving depends on whether you requested a formal review hearing within 10 days and whether you qualify for a hardship license through the FLHSMV.

How long does a first DUI stay on my record in Florida?

A DUI conviction generally stays on your Florida driving record permanently and cannot be sealed or expunged once you’re convicted. Florida law specifically bars expunging a DUI conviction. Our Florida DUI expungement page explains the narrow situations where a case may still be eligible.

What’s the difference between the administrative and court suspension?

The administrative suspension is an FLHSMV action that starts at arrest (six months for a test failure, one year for refusal). The court revocation comes only if you’re convicted (180 days to one year). They run separately, and you can challenge the administrative one within 10 days (Fla. Stat. 322.2615).

If you’ve just been arrested, the most time-sensitive thing is that 10-day window to request a formal review hearing. Mark the date, gather your paperwork, and decide how you want to handle both the license side and the court side. Taking it one step at a time is how most people get through this.