If you’re reading this, chances are either you or someone you care about is facing a first-time DUI in Florida. I’ve defended over 700 DUI cases and helped thousands of clients navigate the criminal justice system—and I can tell you this: a DUI arrest is scary, confusing, and packed with legal landmines.
Let’s walk through everything you need to know about a first-time DUI in Florida, including jail time, penalties, potential defenses, and how to protect your future.
Adam Rossen is the CEO and Founding Attorney of Rossen Law Firm, a renowned criminal defense practice serving Miami-Dade, Broward, and Palm Beach counties. With nearly two decades of experience and a background as a former prosecutor, Adam has built a powerhouse legal team dedicated to defending good people facing challenging situations. Under his leadership, Rossen Law Firm has grown from a solo practice to a six-attorney firm with over 20 employees, earning recognition as one of the fastest-growing law firms in the U.S.
Is Jail Time Mandatory for a First DUI in Florida?
The short answer? Not always.
Under Florida Statute § 316.193, a first-time DUI offense carries a maximum of six months in jail, or up to nine months if your BAC (blood alcohol concentration) is 0.15% or higher or if there was a minor in the vehicle. But is jail mandatory? In most first-time DUI cases, no, jail is not required.
However, you can be held in jail overnight after your arrest, and certain factors can make jail time more likely:
- Crashes causing injury or property damage
- BAC of 0.15 or above
- Refusing a breath, blood, or urine test
- Prior alcohol-related incidents (even if not DUIs)
Judges have discretion, and with the right legal strategy, jail time can often be avoided, especially if you have no criminal record.
What Happens When You Get a DUI for the First Time in Florida?
Here’s what typically happens after a first-time DUI arrest:
- You’re taken to jail (usually for 8–24 hours)
- Your license is immediately suspended (administratively by the DMV)
- You receive a court date
- You’re required to attend an arraignment
- You may be eligible for the DUI Diversion Program in some counties
- You may face criminal penalties, including fines, probation, community service, DUI school, and the installation of an ignition interlock device (IID).
This is also the point at which hiring an experienced DUI attorney can make a significant difference. At Rossen Law Firm, we examine every piece of evidence, from field sobriety tests to police body cam footage, to build the strongest defense possible.
What Is the Minimum Jail Time for DUI in Florida?
There’s no mandatory minimum jail time for most first-time DUIs in Florida—unless:
- You’re involved in an accident with injury
- You’re charged with DUI with property damage
- You have a BAC of 0.15 or higher
- A minor was in your vehicle
In those cases, jail time becomes more likely, though not automatically required.
How Long Do They Hold You in Jail for a DUI in Florida?
Florida law requires that anyone arrested for DUI be held until:
- Their BAC is below 0.05%, or
- 8 hours have passed, or
- They are no longer impaired by alcohol/drugs
Most first-time DUI arrestees in Florida spend one night in jail, and then are released on bond or on their own recognizance. But don’t assume it’s over once you’re released; the legal consequences are just beginning.
Can You Get a DUI Dropped in Florida?
Yes, you can—and we’ve done it many times.
Florida prosecutors can reduce or drop DUI charges in certain cases. Some common reasons include:
- Unlawful traffic stop
- Improperly administered field sobriety or breath tests
- Lack of probable cause
- Medical conditions mistaken for impairment
- Failure to follow the implied consent law procedures
At Rossen Law Firm, we’ve helped countless clients get DUI charges dropped to reckless driving or dismissed entirely through strong pre-trial motions and strategic negotiation.
What Is the Most Common Sentence for a First-Time DUI?
While outcomes vary, here’s what most first-time DUI convictions can include:
- Fines of $500–$1,000
- Probation (up to 12 months)
- 50 hours of community service
- DUI School
- License suspension (6 months to 1 year)
- Ignition Interlock Device (in certain cases)
- Vehicle impoundment (10 days)
Many of these penalties can be reduced or avoided entirely depending on the facts of your case, the judge, the prosecutor, and—yes—your attorney.
Final Thoughts from Adam Rossen
Getting a DUI for the first time in Florida doesn’t make you a bad person. It makes you human. What matters now is how you respond. Your future is too important to leave in the hands of chance or a public defender who’s juggling 200 other cases.
At Rossen Law Firm, we’ve defended over 700 DUI cases and more than 3,000 clients across South Florida. We are familiar with the law, we understand the prosecutors, and we know how to advocate for the best possible outcome, allowing you to move forward with your life.