If you are ever charged with a DUI (Driving Under the Influence), you’ll probably have a lot of questions, including: Can you go to jail for a first offense? For a first-time DUI in Florida, the answer depends on the severity of the case. Florida is tough on drunk driving, and the penalties can be quite serious.

In Florida, the legal limit is .08 BAC (Blood Alcohol Concentration). If the driver is under the age of 21, the limit is .02 BAC under Florida Statute 322.2616. For an “enhanced penalty,” the limit is .15 BAC. If you are caught blowing over a .08 BAC, you can expect to be held in jail for a “drying out” period.

Florida also has an implied consent law, which requires drivers to comply with an officer’s request to take a breath test. Refusal results in a mandatory 12-month driver’s license suspension. A second refusal leads to an 18-month suspension and a separate criminal charge.

DUI Penalties

Typical penalties for a first-time DUI conviction include:

• Probation

• Driver’s license suspension

• Community service

• DUI school or classes

• Fines ranging from $500 to $1,000

• Jail time of up to six months

If your BAC was over .15 or if a minor was in the vehicle, you may face enhanced penalties, including up to nine months in jail.

Even for a first DUI, more severe penalties may apply if the case involves serious bodily injury, property damage, or death. In these situations, jail time is a very real possibility.

Other consequences may include completing an alcohol treatment program (such as Alcoholics Anonymous) or installing an Ignition Interlock Device (IID) for at least six continuous months on all vehicles owned, leased, or routinely operated by the convicted person.

Your driver’s license will also be suspended upon conviction. Drivers under 21 or those holding a CDL may face immediate suspension.

DUI Attorney

DUIs are complicated and stressful cases that can be devastating if you are convicted. DUI Defense Attorney Brandon Gans has extensive experience representing clients charged with DUI and uses that experience to fight for them in both criminal court and DMV hearings.