The short answer
A first DUI in Florida starts two cases: a license suspension by the state (6 months, or 1 year for refusing a test) and a criminal case. A conviction can mean a $500 to $1,000 fine, up to 6 months in jail, probation, 50 community service hours, DUI school, a 10-day vehicle impound and a 180-day to 1-year license revocation.
What happens when you get a DUI for the first time in Florida?
Two separate cases start at once: a license suspension and a criminal case. The state suspends your license for 6 months, or 1 year if you refused a breath test. If you are convicted, the court can order a $500 to $1,000 fine, up to 6 months in jail, probation, 50 hours of community service, DUI school and a license revocation of 180 days to 1 year.
This is a lot to take in, but most first cases follow a clear path, and you have time to act. The penalties come from § 316.193, Florida Statutes, and the license rules from §§ 322.2615 and 322.28, Florida Statutes (2026 text, as of October 2026).
What happens to your license right away?
The officer usually takes your license and gives you a 10-day temporary permit. This is an administrative suspension, a penalty from the state's motor vehicle agency, not the court. It happens even before you are found guilty.
Deadline: You have 10 days from the suspension notice to ask the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for a formal or informal review of the suspension.
If the suspension stands, you may qualify for a business-purposes license, which lets you drive for work and basic needs. You must wait 30 days after the permit expires for a 0.08 suspension, or 90 days for a refusal.
What happens in the criminal case?
The criminal case moves through county court. Your first court date is the arraignment, where you hear the charge and enter a plea. Many cases end in a plea deal or a reduced charge. Others go to trial.
| Penalty | Standard first DUI | BAC 0.15+ or minor in the car |
|---|---|---|
| Fine | $500 to $1,000 | $1,000 to $2,000 |
| Jail | Up to 6 months | Up to 9 months |
| Ignition interlock | Not required by statute | At least 6 continuous months |
| Community service | At least 50 hours | At least 50 hours |
| Vehicle impound | 10 days | 10 days |
| License revocation | 180 days to 1 year | 180 days to 1 year |
What does the outcome depend on?
The outcome depends on the facts of your arrest and how your case is handled. These are the main factors:
- Your test result: A blood or breath alcohol level of 0.15 or higher raises the fine and jail limits.
- Refusing a test: A refusal brings a 1-year suspension instead of 6 months.
- A child in the car: A passenger under 18 triggers the higher penalties.
- Crash or damage: Property damage or injury makes the charge more serious.
- Probation terms: Probation is monthly reporting, and probation plus jail cannot go past 1 year in total.
- Family need for the car: The judge can cancel the 10-day impound if your family has no other way to get around.
A DUI lawyer can review the stop, the test and the paperwork for problems. Many offer a free first consultation. If you were arrested recently, call one before the 10-day review deadline passes.
Frequently asked questions
Is your license immediately suspended after a Florida DUI?
Yes. The officer usually takes your license at arrest and gives you a 10-day temporary permit. After that, the suspension is 6 months for a 0.08 or higher test, or 1 year for a refusal, under § 322.2615, Florida Statutes. You can ask FLHSMV for a review within 10 days.
Can I go to jail for my first DUI in Florida?
Yes, but it is not required for a basic first offense. The law allows up to 6 months in jail, or up to 9 months if your alcohol level was 0.15 or higher or a minor was in the car. Many first offenders receive probation instead of jail time.
How much does a first DUI cost in Florida?
The fine alone is $500 to $1,000, or $1,000 to $2,000 with a high test result or a minor in the car, as of October 2026. On top of that you pay court costs, DUI school, probation costs, impound fees, license reinstatement and any lawyer fees. Car insurance rates often rise as well.
What is the penalty for a first DUI conviction?
A first DUI conviction in Florida brings a $500 to $1,000 fine, up to 6 months in jail, monthly reporting probation, at least 50 hours of community service, a licensed DUI school course, a 10-day vehicle impound and a license revocation of 180 days to 1 year, under §§ 316.193 and 322.28, Florida Statutes.
Sources
- § 316.193, Florida Statutes (2026): Driving under the influence; penalties, Florida Legislature
- § 322.2615, Florida Statutes (2026): Suspension of license; right to review, Florida Legislature
- § 322.28, Florida Statutes (2026): Period of suspension or revocation, Florida Legislature