A first DUI conviction in Florida carries a $500 to $1,000 fine, up to six months in jail, probation, 50 hours of community service, DUI school, a 10-day vehicle impound and a license revocation of 180 days to one year. You have only 10 days after a DUI arrest to challenge the administrative license suspension. Since October 1, 2025, refusing a breath, blood or urine test is also a crime in Florida, even for a first refusal.
Key facts at a glance
| First DUI fine | $500 to $1,000, or $1,000 to $2,000 with a 0.15 BAC or a minor in the car |
|---|---|
| First DUI jail | Up to 6 months, or up to 9 months with a 0.15 BAC or a minor in the car |
| License deadline | 10 days from arrest to request a formal review hearing |
| Test refusal | First refusal is now a second degree misdemeanor, second refusal a first degree misdemeanor |
| DUI with serious bodily injury | Third degree felony |
| DUI manslaughter | Second degree felony with a 4 year mandatory minimum (§ 316.193, Fla. Stat.) |
Florida judges cannot withhold adjudication on a DUI, so a DUI conviction stays on your record permanently.
How does Florida define DUI?
Under § 316.193, Fla. Stat., you commit DUI if you drive or are in actual physical control of a vehicle while your normal faculties are impaired by alcohol, a controlled substance or certain chemicals, or while your blood or breath alcohol level is 0.08 or higher. You do not have to be driving. Sitting in a parked car with the keys can be enough for actual physical control.
What should I do in the first 10 days after a DUI arrest?
Your DUI citation usually works as a temporary driving permit for 10 days. In that time you must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles or a hardship option, or the suspension takes effect automatically. A failed breath test generally means a six month administrative suspension. A first refusal means one year, and a second refusal means 18 months.
The formal review hearing is also a chance to question the arresting officer under oath, which can expose weaknesses that help in the criminal case.
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What changed with Florida's DUI refusal law in 2025?
Trenton's Law took effect on October 1, 2025. Before then, a first refusal to submit to a breath, blood or urine test was only an administrative license suspension. Now a first refusal can be charged as a second degree misdemeanor and a second refusal as a first degree misdemeanor. That means a refusal case can carry criminal charges even if the DUI itself is weak.
How can a DUI charge be defended?
- The stop. Police need a lawful reason to pull you over. Without one, all evidence from the stop can be suppressed.
- Field sobriety exercises. These are voluntary and subjective, and fatigue, injuries, footwear and road conditions affect performance.
- Breath test reliability. The Intoxilyzer must be properly maintained and the officer must observe you for 20 minutes before the test.
- Blood draws. Consent, warrants, chain of custody and lab procedures all matter.
- Video. Body camera and dash camera footage often contradicts the written report.
Even when a full dismissal is not possible, many DUI cases can be negotiated down to reckless driving, which avoids the mandatory DUI penalties and permanent conviction.
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- Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
- Direct access. When you call, you will often speak directly with Daniel himself.
- Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
- Every resource. Success is never guaranteed, but every available resource goes into your defense.
Frequently asked questions
Will I go to jail for a first DUI in Florida?
Jail is possible but not mandatory for most first DUIs without injury, a high BAC or other aggravating factors. Up to six months is allowed, and the outcome depends heavily on the facts and the defense.
Can I still drive after a DUI arrest in Florida?
Usually for 10 days on your citation. After that your license is suspended unless you request a formal review hearing or qualify for a hardship license.
Can a DUI be expunged in Florida?
No. Florida does not allow a withhold of adjudication on a DUI, so a DUI conviction cannot be sealed or expunged. A dismissal or a reduction to a different charge may change that.
Is refusing a breathalyzer a crime in Florida?
Yes. Since October 1, 2025, even a first refusal of a lawful breath, blood or urine test can be charged as a misdemeanor, in addition to the license suspension.
What is a wet reckless in Florida?
It is a common name for a DUI charge reduced to reckless driving. It avoids a DUI conviction and many mandatory DUI penalties.
Related legal guides
Arrests & CourtArrested in Fort Lauderdale While Visiting? What Out of State Visitors Need To Know
DUI & TrafficFlorida DUI Penalties for a First, Second and Third Offense
DUI & TrafficCan You Refuse a Field Sobriety Test in Florida?
DUI & TrafficDriving With a Suspended License in FloridaRelated practice areas
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Florida law referenced: § 316.193, Florida Statutes (2025).
Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.