First DUI Penalties in Florida

A first DUI in Florida is a misdemeanor, but the consequences reach well past the courtroom, into your license, your insurance, and your record. The good news is that a first offense is also where you have the most options, because for many first arrests without a crash, a high reading, or a minor in the car, the charge can be reduced to reckless driving. Here is exactly what a first conviction carries, and where the off-ramps are.

First DUI conviction in Florida

Penalty	What the law provides
Fine	$500 to $1,000, or $1,000 to $2,000 if the level was 0.15 or higher or a minor was in the vehicle
Jail	Up to 6 months, or up to 9 months with the 0.15 or minor enhancement
Probation	Up to 12 months, with total probation and jail not to exceed 1 year
License revocation	180 days to 1 year (at least 3 years if there was serious bodily injury)
Vehicle impoundment	10 days, not concurrent with any jail
Ignition interlock	None required under 0.15, but 6 months minimum if the level was 0.15 or higher or a minor was present
DUI school	Level I, 12 hours, plus an evaluation and any recommended treatment
Community service	50 hours minimum, or a buyout of part of the hours where allowed

Figures from section 316.193, Florida Statutes, and the Florida DHSMV. Program terms last verified June 2026.

The two facts that change everything

Two facts move a first DUI from the lower row to the higher one: a breath or blood reading of 0.15 or higher, and a minor in the vehicle. Either pushes the fine to $1,000 to $2,000, raises the jail ceiling to nine months, and makes a six-month ignition interlock mandatory. A 0.15 reading also triggers section 316.656, which bars the judge from accepting a plea to a lesser charge, so the reduction path narrows sharply at that number.

Where a first DUI can be reduced

For a first offense without those aggravators, a reduction to reckless driving is realistic. In the Tampa Bay region three prosecutor-run diversion programs formalize that path, and which one applies depends on the county: DROP in the Sixth Circuit covering Pinellas and Pasco, RIDR in the Thirteenth Circuit covering Hillsborough, and DETER in the Twelfth Circuit covering Sarasota, Manatee, and DeSoto. The diversion overview compares all three side by side.

The license is a separate clock

Your criminal case and your driver license run on two different tracks. The administrative suspension through the DHSMV starts at arrest and has its own short deadline to challenge, separate from anything that happens in court. That administrative side is its own topic, but it is worth knowing on day one that fighting the criminal charge and protecting the license are two different fights with two different clocks.

Hardship license and the interlock

A first DUI brings a license revocation of 180 days to one year, but you do not have to wait it out doing nothing. After enrolling in DUI school you can apply to the DHSMV for a hardship license, which is a restricted privilege that lets you drive for work and other necessary purposes. The hardship usually starts as employment-purposes-only and can move to the broader business-purposes-only restriction. If your reading was 0.15 or higher or a minor was in the vehicle, a six-month ignition interlock device is mandatory as part of getting back on the road. These rules come from section 322.271, Florida Statutes. The application steps are covered in the hardship license guide.

First DUI questions

What happens on a first DUI in Florida?

A first DUI conviction carries a fine of $500 to $1,000, up to six months in jail, up to a year of probation, a license revocation of 180 days to one year, a 10-day vehicle impoundment, DUI school, and at least 50 hours of community service. A reading of 0.15 or higher, or a minor in the vehicle, raises the fine to $1,000 to $2,000, raises jail to nine months, and adds a mandatory six-month ignition interlock.

Will I go to jail for a first DUI?

Jail is possible but not mandatory on a standard first DUI without aggravating facts. The statute sets a six-month maximum, and many first offenses without a crash or injury resolve with probation rather than jail. A reading of 0.15 or higher, a minor in the car, or an accident makes a jail sentence more likely.

Can a first DUI be reduced to reckless driving?

Often yes. A first DUI without a crash, a high reading, or a minor in the vehicle can be reduced to reckless driving, either by negotiation or through a county diversion program such as DROP in Pinellas and Pasco, RIDR in Hillsborough, or DETER in Sarasota, Manatee, and DeSoto. Admission is at the State Attorney's sole discretion.

Is a first DUI a misdemeanor?

Yes. A first DUI is a misdemeanor in Florida unless it involves serious bodily injury or a death, or there is a high enough prior record. A first DUI with property damage or minor injury is a first-degree misdemeanor.

Can a first DUI be sealed or expunged?

A DUI conviction can never be sealed or expunged in Florida. That is one of the main reasons a reduction to reckless driving with a withhold of adjudication matters, because a withheld reckless outcome can often be sealed while a DUI conviction cannot.

Related: the full penalty chart, DUI with property damage, a 0.15 or higher reading, a minor in the vehicle, diversion and reduction to reckless, and the lasting consequences of a conviction.

This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida DUI penalties are set by section 316.193, Florida Statutes, and related statutes including sections 322.28, 322.271, and 316.656. Diversion and charge-reduction programs are run at the sole discretion of each State Attorney and can change at any time. Every case turns on its own facts, and past results do not guarantee a similar outcome.