First Offense DUI in Florida

Florida statutes use the term "Driving Under the Influence (DUI) to describe crimes in which the driver was under the influence of alcohol or other intoxicating substances. The law classifies it as DUI if the level of intoxication affects a person's body coordination or mental capacity to drive safely.

Persons convicted of a first DUI may face severe penalties even if there are no past convictions for the offense. The penalties mainly include fines, imprisonment, and driver's license suspension. Offenders may also attend mandatory diversion programs after a court conviction. Florida DUI laws reflect the state's commitment to protecting lives and property. The law imposes harsh penalties that serve as a deterrent to unsafe driving practices.

What Qualifies as a First DUI in Florida?

Florida law classifies a first-time DUI offense as one that meets these criteria:

• The offender has no prior arrest or conviction for the offense.
• The offender has a blood-alcohol concentration of 0.08 grams or more per 100 milliliters of blood.
• The offender is under the influence of an alcoholic beverage or chemical substance that impairs their ability to drive.

The blood alcohol concentration (BAC) is the percentage of alcohol in a person's bloodstream. In DUI crimes, the BAC limit may vary based on the vehicle type and the offender's age. Commercial drivers must not have more than 0.04% BAC, while the limit is 0.02% for drivers under 21 years old.

Law enforcement officers determine intoxication levels through chemical or field sobriety tests. Chemical tests detect the presence of drugs and alcohol in breath, urine, and blood. In contrast, officers use field sobriety tests to observe a driver's body coordination and balance.

Possible Penalties for a First Offense DUI in Florida

Under Florida law, a first-time DUI offender may face these possible penalties:

• Fines between $500 and $1,000.
• A maximum of six months' imprisonment.
• Six-to-one-year revocation of driver's license.

Do You Lose Your License for a First DUI in Florida?

Yes, drivers may have their licenses suspended under these conditions:

• Your BAC is above the legal limit.
• You refuse to submit to the breath, urine, or blood test.

After a DUI arrest, officers will take your license and issue a temporary 10-day driving permit. Furthermore, they will give a notice of suspension, which takes effect after the temporary permit expires. Offenders must request a review by the Florida Highway Safety and Motor Vehicles within ten days of receiving the permit. The department will impose a six—to one-year license suspension if the offender is guilty.

The state department may issue a hardship permit to first-time offenders who need to drive to specific locations like work and school. To receive the license, offenders must install an ignition interlock device for at least six months.

What Is the Implied Consent Law in Florida, and How Does It Affect First DUI Cases?

Florida Statutes 316.1932 (1) (a) states that persons driving in the state have automatically consented to take an approved test if arrested for DUI-related charges. The law only applies if the suspect was physically in control of the vehicle during the incident. In addition, the law requires officers to notify the suspect of the consequences for refusing the test.

First-time DUI offenders have the right to refuse the test. However, they will get an automatic one-year suspension for refusing the test.

Is an Ignition Interlock Device Required for a First DUI Offense in Florida?

First-time offenders must install an ignition interlock device (IID) before they may obtain a hardship driving permit. The IID is a breathalyzer attached to a vehicle's electrical system. The IID will not start the car if the offender's BAC is 0.08% or more.

The state requires DUI offenders to pay all costs incurred while installing, maintaining, and removing IID devices. However, the state may grant waivers if the offender cannot pay the fees.

Note: Offenders who refused to take DUI tests are also eligible to install an IID for the duration of their license suspension.

Can a First DUI Be Dismissed or Reduced in Florida?

Yes, the state allows first-time DUI offenders to make a plea bargain to reduce DUIs to lesser offenses like reckless driving. Such offenses carry relatively less severe administrative penalties. Case in point: reckless driving offenders may pay $500 or less in fines.

• First-time DUI offenders may also push for case dismissal under these conditions:
• There is no probable cause for the arresting officer to stop the vehicle.
• There were errors in the arrest or prosecution procedure.
• The offender has no criminal past.
• The blood alcohol level was below the legal limit.

Long-Term Consequences of a First DUI

DUI convictions remain permanently on criminal or driving records. This means they have long-lasting consequences that could affect your finances and employment. For instance, DUIs limit future job applications to companies that require employees to have a valid driver's license. Offenders also incur financial debt due to legal fees, IID installation, and higher insurance premiums. A DUI conviction may prevent you from obtaining professional licenses in specific industries requiring a clean driving history.

Do You Need a DUI Attorney in Florida?

DUI attorneys have the legal expertise to navigate Florida's complex DUI laws and processes. They also review evidence like breathalyzer test results and challenge their accuracy or relevance to the case. In addition, they ensure your legal rights are protected throughout the case.