DUI and DWI

What Is the Penalty for a First DUI Conviction?

In Florida, a first DUI conviction carries a $500 to $1,000 fine, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, DUI school, a 10-day vehicle impound and a 180-day to 1-year license revocation. A breath or blood alcohol level of 0.15 or higher raises these penalties.

Car keys and a folded court notice resting on a wooden bench in a quiet courthouse hallway.

The short answer

In Florida, a first DUI conviction means a $500 to $1,000 fine, up to 6 months in jail, up to 1 year of probation, at least 50 hours of community service, DUI school, a 10-day vehicle impound and a license revocation of 180 days to 1 year. Higher penalties apply if your alcohol level was 0.15 or higher or a minor was in the car.

What is the penalty for a first DUI conviction in Florida?

$500 to $1,000 in fines, up to 6 months in jail and up to 1 year of probation are the core penalties. The court must also order 50 hours of community service, DUI school and a 10-day vehicle impound. Your license is revoked for 180 days to 1 year. Many people get through a first DUI without jail time.

These rules come from § 316.193, Florida Statutes, and § 322.28, Florida Statutes (2026 text, checked as of October 2026). Probation means you stay under court supervision and must follow set rules, like reporting to a probation officer each month.

  • Fine: $500 to $1,000
  • Jail: up to 6 months
  • Probation: monthly reporting, up to 1 year (jail and probation together cannot go over 1 year)
  • Community service: at least 50 hours
  • DUI school: a substance abuse course from a state-licensed DUI program, with an evaluation
  • Vehicle impound: 10 days, unless your family has no other car
  • License revocation: 180 days to 1 year
  • Ignition interlock: the judge may order one for at least 6 months if your alcohol level was 0.08 or higher

What makes a first DUI penalty higher?

A high test result or a child in the car raises the penalty. Under § 316.193(4), Florida Statutes, the higher range applies if your breath or blood alcohol level was 0.15 or higher. It also applies if anyone under 18 was in the vehicle.

  • Fine: $1,000 to $2,000
  • Jail: up to 9 months
  • Ignition interlock: required for at least 6 months, at your own cost

An ignition interlock is a breath tester wired to your car. The car will not start until you blow a clean sample. A crash that causes injury or property damage is charged under a different part of § 316.193 and carries heavier penalties.

Deadline: Your license can be suspended right after the arrest, before any conviction. You have 10 days from the notice of suspension to ask the Florida Department of Highway Safety and Motor Vehicles for a review, under § 322.2615, Florida Statutes.

Florida first DUI penalties under § 316.193, Florida Statutes (2026 text, as of October 2026)
SituationFineMaximum jailIgnition interlock
Alcohol level under 0.15, no minor in car$500 to $1,0006 monthsJudge may order 6 months (0.08 or higher)
Alcohol level 0.15 or higher, or a minor in car$1,000 to $2,0009 monthsRequired, at least 6 months

Frequently asked questions

What happens when you get a DUI for the first time in Florida?

You are usually booked, then released, and your license is taken at the arrest. You get a 10-day temporary permit to drive. The criminal case then moves through county court. If you are convicted, you face a $500 to $1,000 fine, probation, 50 hours of community service, DUI school and a license revocation of 180 days to 1 year.

Is your license immediately suspended after a Florida DUI?

Yes. The officer suspends your license at the arrest and gives you a 10-day temporary permit. Under § 322.2615, Florida Statutes, the suspension is 6 months for a first test of 0.08 or higher. It is 1 year for a first refusal to test. You have 10 days to request a review hearing.

Can I go to jail for my first DUI in Florida?

Yes, but it is not required for a basic first offense. A judge can order up to 6 months in jail under § 316.193, Florida Statutes. The limit rises to 9 months if your alcohol level was 0.15 or higher or a minor was in the car. Many first offenders get probation instead.

How much does a first DUI cost in Florida?

The court fine alone is $500 to $1,000, or $1,000 to $2,000 for a high alcohol level or a minor in the car. You also pay for DUI school, impound fees, any ignition interlock device, court costs and license reinstatement. A lawyer and higher car insurance add to the total.

Sources

  1. Section 316.193, Florida Statutes (2026): Driving under the influence; penalties, The Florida Legislature
  2. Section 322.28, Florida Statutes (2026): Period of suspension or revocation, The Florida Legislature
  3. Section 322.2615, Florida Statutes (2026): Suspension of license; right to review, The Florida Legislature