Thanksgiving starts the busiest stretch of the year for parties, family gatherings, and travel. It is also a time when Florida law enforcement agencies commonly put more officers on the road looking for impaired drivers. Whether you live here or you are visiting for the season, a single stop can change the next several months of your life. This guide explains what Florida law says and what you can do if it happens to you.
What a First-Offense DUI Can Mean in Florida
A person can be charged under section 316.193, Florida Statutes, for driving while impaired or with a breath or blood alcohol level of 0.08 or higher. For a first conviction, the statute provides:
- A fine of $500 to $1,000.
- Up to 6 months in jail.
- Probation of up to 1 year, with a minimum of 50 hours of community service.
- Completion of a DUI school, including a substance abuse evaluation, at your own cost.
- Impoundment or immobilization of a vehicle for 10 days.
The penalties increase if the breath or blood level was 0.15 or higher, or if a person under 18 was in the vehicle. In that situation, a first conviction carries a fine of $1,000 to $2,000, up to 9 months in jail, and a mandatory ignition interlock device for at least 6 continuous months. If a crash caused property damage or injury, the charge can become more serious, and a crash causing serious bodily injury is a third-degree felony.
If You Are Stopped
Stay calm and be polite. Provide your license, registration, and proof of insurance. You are not required to answer questions about where you were or how much you had to drink. Florida law does not require you to perform roadside exercises, and declining them is not the same as refusing a breath test. A breath or urine test after a lawful arrest is different, because Florida has an implied consent law with its own consequences for refusal. We explain that law change in our article, Florida Changed the Law on Refusing a Breathalyzer.
The Clock Starts the Night of the Arrest
An arrest for DUI usually leads to two separate cases: the criminal case in court and an administrative suspension of your driving privilege. The suspension notice starts a 10-day window to request a review or to ask about restricted driving privileges. Missing that window can cost you options. Read our guides on the first 10 days after a DUI arrest and on hardship licenses after a DUI.
A Ride Costs Far Less Than a DUI
The simplest defense is prevention, and it is also the least expensive one. A rideshare or taxi home costs a small fraction of what a DUI costs. A first conviction alone carries a fine of $500 to $1,000, a DUI school you pay for yourself, probation, and a 10-day vehicle impoundment. That is before attorney fees, possible increases in your insurance rates, and time away from work. Paying for a ride tonight is far less expensive than paying for a DUI later.
Before the first drink, pick a designated driver, schedule a rideshare, or plan to stay where you are. If you are hosting, make sure your guests have a safe way home too.
Arrested Over the Holidays? Call Us Right Away
A DUI charge does not mean the case is over. The stop, the testing, and the paperwork can all be reviewed. If you or a loved one was arrested, call us as soon as possible so we can protect your deadlines and explain your options. We serve clients in Spanish and English. Southwest Florida: (239) 933-9404. Central Florida: (321) 509-0304. Learn more on our DUI and driving offenses page.
This article is for general informational purposes only and is not legal advice. Every case is different. Reading this article or contacting the firm does not create an attorney-client relationship.
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