First DUI in Florida – What You Need to Know

If you've been arrested for your first DUI, you're likely overwhelmed and unsure what to expect. Florida law treats even a first offense seriously — and a conviction is mandatory unless the charge is reduced or dismissed. The mandatory conviction upon a plea to a Florida DUI means that it becomes a permanent criminal record, that can never be sealed.

Minimum Penalties for a First DUI Conviction

Even for a first-time offender, Florida law mandates the following minimum consequences upon conviction:

• 12 months probation with possibility of early termination depending on the Judge
• Up to 6 months in jail, without enhancements
• $500 to $1,000 in fines
• License suspension for 6 to 12 months
• Mandatory DUI School Level I
• 10-day vehicle impoundment
• Possible ignition interlock device (if BAC was 0.15 or higher)
• 50 hours of community service
• Victim Impact Panel

Note: These are the minimum penalties. The court can impose harsher penalties based on certain circumstances.

Enhanced Penalties for Aggravating Factors

The punishment increases if certain enhancing factors are present:

• Breath alcohol level of 0.15 or higher: Up to 9 months in jail, $1,000 to $2,000 in fines
• Minor in the vehicle: Also triggers enhanced jail and fines
• Crash with property damage or injury: May result in misdemeanor or felony charges

These enhancements can turn a manageable first offense into a life-changing conviction.

Mandatory DUI Conviction – No Withhold Allowed

Unlike many other criminal charges, Florida law prohibits a withhold of adjudication for DUI charges. That means:

• If you're found guilty, you will be convicted, no exceptions
• The DUI conviction will stay on your criminal record permanently
• It cannot be sealed or expunged

This is why it is critical to fight your DUI — if you enter a plea to a DUI, it must result in a conviction.

Hardship License Eligibility

Your license will be suspended after a DUI arrest or conviction, but you may be eligible for a hardship license, but you must act fast.

After Arrest (Pre-Conviction) – Administrative Suspension of your driver license based on implied consent law.

• You may be able to obtain a business purposes only (BPO) license within 10 days of your arrest. However, please be aware of the tremendous backlog of these applications at the Jacksonville Administrative Suspensions Office. It is taking clients 45-60 days to obtain a hardship license. You cannot drive after the first 10 days.
• You Must enroll in DUI School Level I
• Must apply within 10 days of arrest at a DHSMV office

After Conviction – this is the criminal suspension.

• 6–12 month suspension
• Completion of DUI School is mandatory

Why You Should Fight Your DUI Charge

You might be tempted to plead guilty and "get it over with" — but that would be a mistake. Here's why:

1. A DUI conviction is mandatory – no plea deal can remove it from your record.
2. You cannot seal or expunge it – it stays with you for life.
3. You could avoid conviction – with the help of an experienced DUI lawyer, you may be able to:

• Get the charge reduced to reckless driving
• Challenge the traffic stop, breath test, or probable cause
• Avoid a criminal conviction and keep your record clean

The best way to avoid a mandatory conviction is to fight the DUI early with the right legal strategy.