The short answer
Yes. Under § 316.193, Florida Statutes, a first DUI carries up to 6 months in jail (up to 9 months with a 0.15+ blood alcohol level or a minor in the car), but there is no mandatory minimum jail term for a basic first offense, so probation is possible.
Can I go to jail for my first DUI in Florida?
Yes. A first DUI in Florida can bring up to 6 months in jail under § 316.193, Florida Statutes. That rises to up to 9 months if your blood alcohol was 0.15 or higher or a child under 18 was in the car. The law sets no minimum jail term for a basic first offense, so a judge can choose probation instead.
This is a lot to take in, but a first case is often handled without jail time. The judge decides within the limits the law sets.
Source: § 316.193(2)(a) and (4), Florida Statutes (2026 text, checked October 2026).
What decides whether I get jail time for a first DUI?
The facts of your arrest decide the maximum jail time a judge can order. These are the main ones:
- Blood alcohol level: Under 0.15, the limit is 6 months. At 0.15 or higher, it is 9 months.
- A child in the car: A passenger under 18 raises the limit to 9 months.
- Injury or property damage: If someone was hurt or property was damaged, the charge becomes a first-degree misdemeanor under § 316.193(3)(c)1. That carries up to 1 year in jail under § 775.082(4)(a), Florida Statutes.
- Probation and jail together: For a first conviction, probation plus jail time cannot add up to more than 1 year, under § 316.193(6)(a).
Probation means you stay out of jail but must follow court rules for a set time. If you break those rules, the judge can send you to jail.
Warning: Serious bodily injury or a death turns a DUI into a felony. Those cases carry far longer prison terms, and you should speak with a lawyer right away.
| Situation | Maximum jail | Fine |
|---|---|---|
| Basic first DUI | 6 months | $500 to $1,000 |
| Blood alcohol 0.15 or higher, or a minor in the car | 9 months | $1,000 to $2,000 |
| DUI causing injury or property damage | 1 year | Up to $1,000 (first-degree misdemeanor) |
What other penalties come with a first DUI conviction?
Even without jail, a first DUI conviction brings several required penalties. Under § 316.193 and § 322.28, Florida Statutes, they include:
- Probation: Up to 1 year.
- Community service: At least 50 hours of public service or community work.
- DUI school: A substance abuse course from a DUI program licensed by the state, with an evaluation and any treatment it calls for.
- Vehicle impoundment: Your car is impounded or immobilized for at least 10 days.
- License revocation: At least 180 days and up to 1 year after conviction.
Deadline: You have 10 days from your arrest notice to ask the Florida Department of Highway Safety and Motor Vehicles for a review of your license suspension. Missing it can cost you your chance to keep driving for work.
Frequently asked questions
What happens when you get a DUI for the first time in Florida?
You are usually arrested, booked and given a notice that your license is suspended. You get a 10-day temporary permit. Then your criminal case starts in county court. If convicted, you face fines of $500 to $1,000, up to 6 months in jail, probation, 50 hours of community service, DUI school and car impoundment.
Is your license immediately suspended after a Florida DUI?
Yes. Your license is suspended on the spot, but you get a 10-day temporary permit. The suspension lasts 6 months for a blood alcohol level of 0.08 or higher, or 1 year if you refused testing. You can ask for a review within 10 days. After a waiting period, you may qualify for a work-only license.
How much does a first DUI cost in Florida?
The court fine alone is $500 to $1,000 for a basic first DUI, or $1,000 to $2,000 if your blood alcohol was 0.15 or higher or a minor was in the car (as of October 2026). You also pay for DUI school, impoundment, court costs, any lawyer and likely higher insurance.
What is the penalty for a first DUI conviction?
A first DUI conviction in Florida brings a $500 to $1,000 fine and up to 6 months in jail. It also brings up to 1 year of probation, at least 50 hours of community service, DUI school, a 10-day vehicle impoundment and a license revocation of 180 days to 1 year, under § 316.193 and § 322.28, Florida Statutes.
Sources
- Section 316.193, Florida Statutes: Driving under the influence; penalties, The Florida Legislature
- Section 322.2615, Florida Statutes: Suspension of license; right to review, The Florida Legislature
- Section 322.28, Florida Statutes: Period of suspension or revocation, The Florida Legislature
- Section 775.082, Florida Statutes: Penalties, The Florida Legislature