If it is your first time battling a Driving Under the Influence (DUI) charge, you might worry about what you will need to do and what the consequences could be. Knowing what you are dealing with can help as your case progresses.
What constitutes a DUI?
Florida law considers you intoxicated and authorizes a DUI charge if you have a blood-alcohol or breath-alcohol concentration (BAC) of 0.08% or higher. Additionally, law enforcement can charge you if they determine that your normal faculties are impaired by alcohol or drugs, regardless of your BAC.
How will the court penalize you?
Florida law typically classifies a first-time conviction involving no injuries as a second-degree misdemeanor. The state imposes penalties:
- Fines ranging from $500 to $1,000 or $1,000 to $2,000 if BAC is 0.15+ or a minor is present
- Up to six months in jail (though jail time is not mandatory for most first offenses)
- License revocation for a minimum of 180 days up to one year
- Vehicle impoundment for 10 days
- A minimum of 50 hours of community service
Under the recent Trenton’s Law, if you refuse to submit to a breath or urine test for the first time, you now face an additional criminal charge (second-degree misdemeanor) and a mandatory one-year license suspension, independent of the DUI result.
First-time DUI offenders must also complete a Level I DUI school program. This 12-hour course includes substance abuse education and a psychosocial evaluation. If the evaluation recommends further treatment, you must finish it as a condition of your probation.
Are there alternatives to these penalties?
Several counties throughout the state offer DUI diversion programs that provide an alternative path forward. To complete these programs, participants generally must:
- Enroll in DUI school and complete any recommended treatment
- Participate in a victim impact panel
- Undergo random substance abuse testing
- Vehicle immobilization or ignition interlock device installation
Not everyone qualifies for diversion. The state often bases eligibility on your blood alcohol level at the time of arrest, whether an accident occurred and whether anyone was injured.
What considerations should you keep in mind?
After a DUI arrest, the FLHSMV automatically suspends your license. Your ticket acts as a temporary permit, but it only lasts for 10 days.
You can contest the arrest by requesting a formal hearing, but this carries a specific risk. If you lose the challenge, you face a hard suspension during which the state prohibits all driving under any circumstances. This period lasts 30 days if you failed a breath test or 90 days if you refused one.
Most first-time offenders prefer to waive their right to a hearing and apply immediately for a Business Purposes Only (BPO) license. By enrolling in DUI school and choosing this path, you bypass the hard suspension entirely.
If you need a criminal defense attorney to guide you through each mentioned process, contact the Law Firm of Scott T. Moorey. They can help you explore your options, understand the hearing process and navigate Florida’s DUI laws.
