How Likely Is Jail Time for a First DUI in Florida?

If you are arrested for driving under the influence (DUI) in Florida, you may be facing stiff consequences. A DUI is taken very seriously in Florida, whether it is your first, fifth, or tenth time being arrested. However, if you are a first-time offender, you may be asking, “How likely is jail time for a first DUI in Florida?”

What Is Driving Under the Influence?

Driving under the influence (DUI) means driving while impaired by alcohol or drugs, including prescription medication. Driving impaired can also include mixing alcohol and drugs, such as drinking while taking allergy medications or other medications that cause drowsiness. This is why it is important to check all labels on your medications before getting behind a vehicle.

Driving under the influence poses a risk for drivers, passengers, and other drivers alike because it can:

• Lower your reaction time
• Limit your short-term memory
• Decrease hand-eye coordination
• Weaken your concentration
• Impede your ability to perceive time and distance

Penalties for DUI in Florida

If you are pulled over because an officer senses you are driving under the influence, they may give you a roadside test. If you fail to take the test, your license may automatically be suspended for a year.  If you are convicted of a DUI, your license may be revoked for a minimum of 180 days.

Another penalty for being convicted of a DUI is being fined. Fines can range from $500 to $5,000 and may include DUI training. Other penalties include requiring an ignition interlocking device, community service, probation or imprisonment, and the DUI being on your record. You may also get your car impounded, with the length of time being dependent upon whether it was your first, second, or third conviction.

What If It Is My First DUI?

The penalties for a DUI are based upon a fine schedule. If it is your first conviction, you may be facing fines between $500 to $1,000 and more if your blood alcohol level (BAC) is .15 or if there was a minor in the vehicle. You can also face imprisonment of up to 6 months and up to 9 months if your BAC is higher than .15 or if there was a minor in the vehicle. Your prison sentence can be exchanged for a treatment program at the court’s discretion.

• Second offense – If it is your second conviction, you can face fines between $1,000 and $2,000 or more if your BAC is over .15 and there is a minor in the vehicle. Jail time can be up to 9 months or up to 12 months.
• Third offense – If it is your third conviction, you can face fines between $2,000 and $5,000 or more if your BAC is over .15 and there is a minor in the vehicle. Jail time can be up to 30 days if the conviction is within ten years of a previous conviction or up to 12 months if it is within more than ten years of a previous conviction.
• Fourth offense – If it is your fourth conviction, you can face fines of no less than $2,000 and no less than $4,000 if your BAC was over .15 and there was a minor in the vehicle. Prison time can be up to 5 years.

Whether it is your first, second, third, or fourth conviction, you should hire a lawyer. If you are a first-time offender, your chances of getting your fines and prison sentence lowered are higher. It is also important to note that sentencing is more harsh if there was property damage caused, injuries inflicted, or if someone was killed as a result of impaired driving. In any case, an experienced lawyer can build a solid legal defense so you can avoid harsh consequences.

FAQs:

Is Jail Time Mandatory for a First DUI in Florida?

No, jail time is not mandatory for a first DUI in Florida. Other factors that will be considered include your BAC, whether there was a minor in the vehicle, whether there was property damage or injury caused to others, or whether someone was killed as a result of the DUI. Jail time is at the court’s discretion and can even be substituted for treatment in a drug or alcohol rehabilitation program.

Will a DUI Be Dismissed in Florida If It Is a First One?

A first-time DUI could be dismissed under certain conditions. A qualified lawyer may get your case dismissed or your sentence reduced. Factors that the judge may consider when getting your case dismissed are your BAC, the results of your field sobriety test, a lack of evidence, and other specifics of your case.

What Is the Most Common Sentence for a First DUI?

The most common sentence for a first DUI is difficult to predict, but the sentencing for a first DUI includes fines between $500 to $1,000 or up to $2,000 if there was a minor in the vehicle; serving jail time of up to 6 months, getting your license suspended, and your car impounded. Your actual sentence will depend on the specifics of your case, the judge, and your lawyer’s ability to present an effective legal defense.

What Is the Ideal Case for a First-Time DUI?

Ideally, if it is your first DUI, you may want your lawyer to get your case dismissed. No matter your sentence, a DUI can show up on your criminal record, which is a lifetime for some people. A criminal record can mean being denied employment, housing, or government benefits. This is why hiring a lawyer can be invaluable.

Call for a Free Consultation at the Law Offices of Donald P. Day

At the Law Offices of Donald P. Day, we have experience defending our clients in DUI cases. If you get a DUI, you may be facing jail time and need a lawyer to negotiate your sentencing and fines. Don’t hesitate to contact us for a free consultation. We are here to assist you.