Is Your First DUI Offense a Misdemeanor in Florida?

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There is a wide range of emotions you are bound to have if you have been arrested for a DUI charge—especially if it is your first offense. You are likely frightened and confused about what your future looks like or any repercussions that you may be subject to after your arrest.

Feelings of anger and frustration may even arise if you were not driving under the influence or feel that you were unfairly targeted. While Florida DUI laws are not as strict as other states, several DUI laws have been passed to toughen the penalties for a conviction.

How Does Florida Law View a First Time DUI Offense?

According to Florida Statute 316.193(1) and (2)(a), a DUI offense is when an individual is driving or in physical control of an automobile and meets any of the conditions:

  • Under the influence of alcohol or a chemical or controlled substance that affects or impairs that individual’s normal faculties.
  • Breath alcohol is a level 0.08 or greater
  • Blood alcohol is a level of 0.08 or greater

Common Penalties for a First DUI Offense

In Florida, your first DUI offense is classified as a first degree misdemeanor. However, there are additional, more serious DUI penalties that offenders may be subject to. For example, if the individual had a blood or breath-alcohol level of 0.15 or greater or if a minor was present at the time of the offense, the offender may be subject to stricter DUI penalties for such an offense.

If convicted, some of the more common penalties for a first time DUI offense may include:

  • $1,000 fine
  • Up to 6 months in jail
  • DUI school
  • Loss of driver’s license for up to 6 months (you can usually obtain a work-related driving permit after completing the DUI school)
  • 55 hours of community service
  • Up to twelve months of reporting probation
  • Fines and court costs
  • Drug/alcohol evaluation, and follow any recommended treatment
  • Fines and court costs
  • Random urinalysis

Several of your personal freedoms may also be at stake with a first-time DUI conviction, such as not being able to obtain a passport or professional license, rent a home, work with children, or purchase a firearm. Your car insurance rate may also increase. Make sure to explain all your circumstances to your DUI attorney.

Hiring an Attorney to Fight Your DUI Offense

Being charged with a DUI offense can be a frightening and uncertain time. Hiring an experienced DUI attorney who will fight for your rights and freedom is important.

At Apfelbaum Law, we have extensive experience in criminal law. Our attorneys will answer your questions, explain your options, and provide you with the tools and resources you need to make informed decisions. Contact us today to learn more about how we can help you with your legal matter.

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