If you’ve been arrested for DUI, you’re probably wondering if you’re going to jail. The unfortunate truth is that even if this is a first-offense DUI, jail is possible, particularly if there are aggravating factors. Florida’s DUI laws rival the toughest in the nation, and our DUI penalties can be relatively severe compared to other first-time misdemeanor charges.
There is, however, a possibility that you can beat the charges, in which case, you will face no penalties. By hiring an experienced criminal defense attorney like Rahul Parikh of Parikh Law, you can substantially improve your chances of beating your DUI charges. Attorney Parikh has an extensive history of helping his clients avoid jail time in drunk driving cases. Call today to discuss your pending DUI charges and any subsequent DUI convictions you may have on your record.
DUI/DWI Penalties in Florida
The penalties for drunk driving become more severe with each new conviction. While prior DUI arrests don’t affect your sentencing, a prior DUI conviction will increase your potential jail time. Even an arrest without conviction can extend the driver’s license suspension period.
First DUI Conviction
The penalties for a first-offense DUI conviction are:
- Up to six months of jail time
- $500 to $1,000 in fines
- 180-day driver’s license revocation if no one is injured and a three-year revocation if another party was injured
If your BAC tested at .15 or higher or if there was a minor in the vehicle:
- Up to nine months of jail time
- Fines of $1,000 to $2,000
- 180-day driver’s license revocation if no one is injured and a three-year revocation if another party was injured
Second DUI Conviction
These penalties apply if the second DUI took place within five years of the first drunk driving arrest:
The penalties for a second-offense DUI conviction are:
- Up to nine months of jail time
- $1,000 to $2,000 in fines
- 180-day driver’s license revocation if no one is injured and a three-year revocation if another party was injured
- Mandatory ignition interlock device for one year
- Five-year driver’s license revocation
If your BAC tested at .15 or higher or if there was a minor in the vehicle:
- Up to one year of jail time
- Fines of $2,000 to $4,000
- 180-day driver’s license revocation if no one is injured and a three-year revocation if another party was injured
Third DUI Conviction
These penalties apply if the third DUI takes place within ten years of the second conviction:
The penalties for a third-offense DUI conviction are:
- Charged as a felony crime
- Punishable by up to five years in prison
- 30-day minimum jail sentence.
- $2,000 to $5,000 in fines
- 180-day driver’s license revocation if no one is injured and a three-year revocation if another party was injured
- Mandatory ignition interlock device for two years
- Ten-year driver’s license revocation
- Vehicle impoundment for up to 90 days
If your BAC tested at .15 or higher or if there was a minor in the vehicle:
- Up to a 12-month jail sentence
- Minimum of $4,000 in fines
- 180-day driver’s license revocation if no one is injured and a three-year revocation if another party was injured
The jail time, fines, and suspension periods increase with each subsequent DUI conviction.
Aggravating Factors in a DUI Arrest
The following factors can increase your risk of jail time. In addition to prior DUI convictions, DUI offenders may face additional penalties if:
- They have a BAC of .15 or higher. The legal limit in Florida and most other states is .08
- They were drunk driving with a minor in the vehicle
- They caused serious injury to another individual, including their passengers
- There was the death of another individual, including a passenger
- They have prior DUI convictions
Any of the above aggravating circumstances can lead to increased jail time or years in prison and increased fines — even if it’s a first DUI. Contact Parikh Law to discuss your DUI charges before it’s too late.
DUI Arrest and License Suspension – Florida’s Implied Consent Law
Under Florida law, you can face license suspension even if you beat your DUI charge. By operating your vehicle on a Florida roadway, you implicitly agree to provide a breath or urine sample or both upon request from a law enforcement officer upon arrest. In other words, whether you have a Florida license or not, driving on Florida roads constitutes acceptance of this agreement.
When you’re arrested, the officer will read you the implied consent warning from a prepared text. If you refuse to take a breath test, your license will be automatically suspended for a year for a first-time DUI refusal and 18 months for a second refusal.
However, if you do submit to a breath test, and your BAC is above the legal limit, your driver’s license suspension will be up to six months for a first-time DUI. While six months of automatic license suspension may sound better than a year, your reported blood alcohol level may be the piece of evidence the prosecution needs to put you in jail.
How Police Conduce DUI Investigations
All DUI cases are unique and have different strengths and weaknesses. Parikh Law will do everything in its power to create reasonable doubt and help you beat a conviction and avoid jail time. One of the ways that attorney Parikh attacks prosecutorial DUI cases is by examining all phases of the DUI investigation.
Probable Cause for the Stop
Police must have a legal reason to stop your car or approach you. Legal reasons could include the following:
- Violation of a traffic law, including non-moving violations
- Reasonable suspicion you’re wanted on another criminal charge
- Conducting a legally sanctioned DUI checkpoint
- Responding to a crash that you were involved in
If the police fail to properly articulate the reason for their stop or they have an invalid reason, your entire case may be thrown out.
Time In Jail For DUI First Offense
The Florida DUI penalties depend on several factors. However, you can expect a first-degree DUI jail sentence to be slightly more lenient compared to penalties for repeat offenders. The length of time for a DUI sentence can range from no jail time to a few days, but it can be extended if there are aggravating factors involved in the case. For example, if the accident resulted in serious injuries or fatalities, then the duration of the jail time can be significantly longer. Similarly, if there was a minor in the vehicle at the time of the DUI, then the defendant can expect harsher penalties. For more specific information, you will have to consult a DUI lawyer.
Physical Indicators of Driving Under the Influence
The police will examine you for physical signs of intoxication, including bloodshot eyes, puffy skin, unsteady balance, slurred speech, the odor of an alcoholic beverage, etc.
Voluntary Field Sobriety Tests
The police are supposed to explain to you that the field sobriety exercises are voluntary. In most cases, participating in these tests is not in the driver’s best interest. Officers usually record your performance for courtroom presentations, and most defendants do not perform well on them. In Florida, the field sobriety exercises include:
- Walk and Turn
- Finger to Nose
- One-leg Stand
- Horizontal Gaze Nystagmus (HGN)
In many cases, the police have already decided that you will go to jail without this evidence. Very few people avoid arrest by participating in field sobriety exercises.
Decision to Arrest
The officer will decide whether or not to arrest you based on the above investigation.
Implied Consent Warning
The police officer will explain Florida’s implied consent law to you and the legal penalties for a refusal. Your decision will not help you avoid arrest that night. You’ve already been arrested. There is a chance, however, that you might have more blood alcohol content than you’re aware of, so it’s an important decision.
Blood Alcohol Content Measurement
If you agree to an alcohol test, the police will use a BAC machine, usually a breathalyzer. If your reading is lower than anticipated, they may also ask for urine. This is to test for the presence of drugs.
Any deviation from the above protocols can lead to a suppression of evidence against you or an acquittal.
Defense Strategies for DUI Charges
There are several defenses to DUI charges. The first step is to have a consultation with an experienced DUI defense attorney so you can understand the charges and the attorney can assess the facts of the case and the available evidence to formulate a defense strategy.
One of the most commonly used defenses against DUI charges is to challenge the traffic stop. The law enforcement officer needs to have a valid reason or probable cause to stop the vehicle. Evidence such as dashcam footage, surveillance footage, witness testimony, or other types of evidence can be used to challenge the legality of the traffic stop.
Another effective strategy used to defend DUI charges in Florida is to challenge the field sobriety or the breathalyzer test. If the officer did not follow proper protocol for the tests or there is a defect in the equipment, then the case against the DUI suspect can be significantly weakened or even dismissed.
Other defenses for DUI charges include proving blood test errors, rising blood alcohol concentration, improper police conduct, and medical conditions that led to false positives on the breathalyzer tests.
Frequently Asked Questions About Drunk Driving Charges
The following questions are commonly asked by DUI defendants. For specific questions about your DUI case, contact Parikh Law, P.A. for a free case evaluation.
What Can I Do to Avoid a DUI Arrest if I’m Stopped?
Unfortunately, if you’re drunk behind the wheel of a motor vehicle, the odds are against your avoiding arrest. You can improve your chances of avoiding jail time and DUI fines by not providing the police with the evidence they need to secure your conviction.
How likely is jail for a first DUI offense?
With proper representation from a DUI law firm, you may be able to avoid a jail offense. However, there are other penalties to consider. For example, community service is a common penalty for first-time DUI. You will also have a criminal record. Additionally, you could be facing license suspension if your driver’s license hasn’t been suspended already. Fortunately for you, there is no minimum jail sentence for first DUI convictions.
How can DUI jail time be avoided?
If you hire a DUI attorney like Rahul Parikh of Orlando, he will work diligently to beat your charges. Depending on the case against you, attorney Parikh might recommend you accept a negotiated plea. For example, rather than risking prison time, he may be able to convince the state attorney to offer DUI school, minimum jail time, or community service.
Is DUI a felony offense?
It can be in some cases. If you have prior DUI convictions or you injured or killed another party, you could be facing felony charges and years in prison. To avoid jail or prison for a substantial period, your best chances lie with an experienced DUI law firm.
Contact a DUI Attorney in Orlando
If you’ve been charged with a DUI in Florida, you could be facing jail or prison, driver’s license suspension, DUI fines, probation, community service, and a criminal record. If you have previous convictions, your exposure is even greater.
Attorney Rahul Parikh is a lawyer serving criminal defendants throughout Central Florida. Attorney-client privilege is a confidential relationship, and everything you discuss with attorney Parikh will remain private. Contact Parikh Law before your upcoming court dates for a free, no-obligation consultation.