First Offense DUI in Florida: penalties, license suspension, and what to expect.

By: Ben Baxter 6/11/2026

A DUI arrest can be overwhelming. Many people facing a DUI charge in Florida have never been arrested before and have no idea what to expect. Between the stress of the arrest and the shock of the booking process, many people are suddenly faced with something they never thought they would experience. On top of that, they will have to grapple with the impact on their driver’s license, their insurance rates, and the penalties they may be facing in the court system. While every case is different, it is important to understand the process and the penalties that may result from a DUI conviction.

What is a DUI in FLorida?

Under Florida law, a person commits DUI if they are driving or in “actual physical control” of a vehicle while:

• Their “normal faculties” are impaired by alcohol, drugs, or a chemical substance; or
• They have a blood or breath alcohol concentration (BAC) of .08 or higher

“Actual physical control” means that the person was physically in or on (for motorcycles, bicycles, etc.) the vehicle and had the capacity to operate the vehicle regardless of whether they are actually operating the vehicle at the time. This means that if you pull over or park to sleep in your vehicle, you can still be charged with DUI under certain circumstances.

Florida law defines “normal faculties” as the ability to see, hear, walk, talk, judge distances, drive, make judgements, act in emergencies, and perform the tasks of our daily lives.

The legal limit in Florida is .08 grams of alcohol per 100 milliliters of blood or per 210 liters of breath. This measurement is referred to as a person’s blood/breath alcohol concentration (BAC). However, in rare instances, the prosecution can use a process called “retrograde extrapolation” to argue that a driver’s BAC was above the legal limit at the time they were driving, even if a later breath or blood test showed a BAC below .08.

First Time DUI Penalties in Florida

The penalties for a first offense DUI in Florida depend on the circumstances of the case, including the driver’s BAC and whether there was an accident or injury. For most people, they will quickly realize that the penalties go beyond any sentence that may be handed down in a courtroom.

administrative license suspension

The first consequence many people will experience after a DUI arrest is the immediate suspension of their driver’s license. This administrative suspension is completely separate from the criminal case and any suspension ordered after a DUI conviction.

If a person’s BAC was over .08, Florida generally imposes a 6 month administrative driver’s license suspension. If a person refuses a breath, blood, or urine test, Florida will usually impose a 12 month license suspension for a first refusal and an 18 month suspension for subsequent refusals.

It is critical that a person arrested for DUI speak with a licensed criminal defense attorney as soon as possible. A driver typically only has 10 days after arrest to apply for a hardship license or apply for a formal review hearing to challenge the suspension. If no action is taken within that period, the suspension generally takes effect, and the driver may have fewer options available.

Court ordered DUI Penalties in Florida

Jail Time

For a first DUI conviction without any aggravating factors, the Judge may impose up to 6 months in jail. However, the maximum jail sentence increases in certain circumstances:

• If the driver’s BAC was 0.15 or higher, or if a minor was in the vehicle, the maximum sentence increases to 9 months in jail.
• If the case involved property damage or injury other than serious bodily injury, the offense is elevated to a 1st degree misdemeanor, and the maximum jail sentence increases to 1 year in jail.

While many first time offenders do not receive lengthy jail sentences, incarceration remains a possible legal sentencing option in every DUI case.

Fines

A first DUI conviction without any aggravating factors typically carries a fine of $500-$1,000. However, if the driver’s BAC was 0.15 or higher, or there was a minor in the vehicle, then the fine increases to $1,000-$2,000. These fines do not include any court costs, costs of prosecution, public defender application fees, or costs associated with probation or a DUI conviction.

Probation

A person who is convicted of DUI must be placed on probation under Florida law. For a first DUI, probation generally cannot exceed 1 year. In Florida, conditions of DUI probation may include:

• Reporting to a probation officer;
• Not violating any laws;
• Not possessing or consuming drugs or alcohol;
• Drug and alcohol testing;
• Completing community service hours;
• Paying fines and court costs;
• Attending DUI school; and
• Complying with any ignition interlock requirement imposed under Florida law.

If a person convicted of DUI violates their probation, their probation may be revoked, and they could be sentenced to anything up to and including the maximum penalty they were facing on the original DUI charge minus any credit for time that they already served in jail.

Court Ordered Driver’s License Suspension

In addition to the administrative driver’s license suspension discussed earlier, a DUI conviction carries a separate court ordered driver’s license suspension. For a first time DUI offender, the court ordered license suspension is usually 6-12 months.

A question people often ask when they hear about this court ordered suspension is whether they get “credit” for the administrative suspension. Unfortunately, the administrative suspension and the court ordered suspension are completely separate. As a result, the administrative suspension imposed after a DUI arrest will not automatically reduce the period of suspension imposed following a conviction.

DUI School and Substance Abuse Treatment

Anyone convicted of DUI in Florida must complete DUI school in the county in which they live. The DUI schools are mostly the same, so most people should pick the one that is closest to their house. DUI school is typically 12 hours long and is usually offered in person in two sessions on back-to-back days. Most licensed DUI schools require in-person attendance.

Following the “classroom” part of the program, which typically involves group discussions of DUI penalties and substance abuse issues, attendees will be contacted to schedule an evaluation with a person who either works for the DUI school or is under contract to perform evaluations for the DUI school. The stated purpose of this evaluation is to determine if a person requires substance abuse treatment. In the vast majority of cases, the person performing the evaluation will recommend additional counseling, which is also offered by the DUI school for an additional fee.

Failure to complete any portion of the recommended treatment may lead to a violation of probation and an additional driver’s license suspension until the treatment is completed.

Community Service Hours

All first time DUI offenders must complete at least 50 hours of community service. Community service must be performed at a nonprofit organization, and probation officers often require advance approval of organizations. Most probation offices will have a pre-approved list of organizations, but some may consider a nonprofit organization submitted by a probationer for approval. The Judge may permit individuals to “buy-out” some or all of their community service hours, but they are not required to grant such requests. Alternatively, many Judges will allow a person to perform additional community service to satisfy their fines and court costs.

Ignition Interlock Device Requirements

Many people assume that an ignition interlock device (commonly known as a breathalyzer) is only required after multiple DUI convictions. However, a first time offender may also be required to install one. Florida law requires it if a person convicted of DUI had a minor in the vehicle or if their BAC was 0.15 or higher. Additionally, a Judge may order it in a non-enhanced DUI at the court’s discretion. If a person is ordered to install an ignition interlock device, they are typically responsible for all of the costs associated with its installation, monitoring, maintenance, and removal.

Additionally, a person’s driver’s license may be marked to reflect the requirement that an ignition interlock device be installed on any vehicle the person operates. A person who is subject to such a requirement and drives a vehicle that is not equipped with an ignition interlock device may be arrested and charged with driving in violation of a license restriction.

Vehicle impoundment or “immobilization”

In most cases, a Judge is required to order that a person convicted of first offense DUI have their vehicle “immobilized” or impounded for 10 days. This can be accomplished by actual impoundment in a secured lot or with “immobilization.” Immobilization typically involves a towing company placing a device on a vehicle to prevent it from being operated. The car will remain in the possession of its owner, and after 10 days, the company will come back and remove the immobilizing device.

A question many people ask is whether they have to do this right away or if they can schedule it. In many cases it can be scheduled, although the Judge or probation officer may impose a deadline for completion.

Most people are surprised to learn that this immobilization applies only to their vehicle. A person whose vehicle has been impounded or immobilized may still drive another vehicle, provided they have a valid license and are not subject to an ignition interlock restriction.

This brings up another common question: Is there is any way out of the impoundment? Fortunately, Florida law permits a Judge to waive the immobilization if the defendant shows proof of installation of an approved ignition interlock device or demonstrates that a member of their household relies on that vehicle and has no other reasonable means of transportation.

Hidden Costs of a DUi Conviction

In addition to the fines, court costs, and penalties outlined above, DUIs have hidden costs which will often outlast the DUI case and probation:

• Probation related expenses may include supervision fees, drug and alcohol testing costs, vehicle impoundment or immobilization fees, ignition interlock expenses, transportation costs associated with probation appointments and classes, and the cost of buying out community service hours.
• License reinstatement and hardship license application fees. A person must usually reinstate their license again the day after a DUI conviction because of the court ordered suspension.
• Insurance costs: Most people convicted of a DUI in Florida are required to have FR-44 auto-insurance for 3 years. FR-44 insurance requires higher coverage limits than standard Florida auto policies and often results in much higher premiums. Additionally, many insurance companies will require that these policies are paid in full every 6 months instead of monthly and must report any lapse in coverage to the State.

While many first time DUI offenders are not sentenced to lengthy jail terms, a DUI conviction can still have serious and lasting consequences. Between license suspensions, probation, DUI school, community service, increased insurance costs, and other financial obligations, the impact of a DUI often extends far beyond the courtroom.

Central Florida Justice Can Help

Every DUI case is different. If you have been arrested for DUI in Florida, speaking with an experienced criminal defense attorney as soon as possible can help you understand your options and protect your rights. Contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with Orlando DUI defense attorney Ben Baxter.