A first DUI is a misdemeanor, but it still carries jail exposure, a license revocation, and a ten-day clock that starts the moment you are arrested. The earlier a defense begins, the more there is to work with.
Call 904-383-7448A first Florida DUI is prosecuted under section 316.193, Florida Statutes, and it is a misdemeanor. A first conviction carries a fine of $500 to $1,000, up to six months in jail, fifty hours of community service, a year of probation, a ten-day vehicle impound, and a license revocation of at least 180 days. Those numbers climb when the breath reading is 0.15 or higher or a minor was in the car.
Every first DUI is two cases at once: the criminal charge in county court and the administrative suspension of your license under section 322.2615. The administrative case moves first, and you have only ten days to act. Call 904-383-7448.
The State charges a first DUI when it believes you were driving or in actual physical control of a vehicle while impaired or with a blood- or breath-alcohol level of 0.08 or higher. A conviction is a misdemeanor, but it follows you. Florida does not allow a DUI conviction to be sealed or expunged, so the consequences reach past the courtroom and into your driving record, your insurance, and your employment. A first DUI carries a fine between $500 and $1,000, up to six months in jail, a year of reporting probation, fifty hours of community service, completion of DUI school, and the installation of an ignition interlock device in some situations. The court will also revoke your license for at least 180 days. When the breath reading is 0.15 or above, or a passenger under eighteen was in the car, the fine range and the interlock requirement increase.
The criminal case and the license case run on separate tracks. The administrative suspension begins under section 322.2615 at the moment of arrest, and the citation doubles as a temporary permit for a short time. Within ten days you must either demand a formal review hearing to challenge the suspension or make the election that lets you drive on a hardship permit while the case is pending. Many people lose the right to contest the suspension because no one told them the clock was running. That ten-day window is the first order of business, and it is the reason to call a lawyer before you do anything else.
To convict, the State must prove that you were driving or in actual physical control, that you were impaired or over the limit, and that the stop and the arrest were lawful. Each is a place to push back. The stop has to satisfy the Fourth Amendment, and a vague or mistaken reason for pulling you over can sink the whole case. Field sobriety exercises are scored by an officer on the side of a dark road, where the surface, the lighting, the weather, and your own health all affect how you perform. The breath test runs on the Intoxilyzer 8000, which must be maintained and operated under the rules tied to Florida's implied-consent law, section 316.1932. When the maintenance log has a gap, when the operator skips a step, or when mouth alcohol or a rising blood-alcohol curve is in play, the number on the printout is not the settled fact the State wants the jury to accept. This scientific corner of DUI work is the part Graham Syfert concentrates on, and he has taught other attorneys how to read the records and cross-examine the people who produce them.
A first DUI is not always a foregone conviction. Depending on the county, your record, and the strength of the evidence, the case may qualify for a diversion program that, once completed, results in a reduction or dismissal. In other cases the State agrees to drop the DUI to reckless driving, which avoids the mandatory DUI penalties and the permanent DUI label. And when the stop or the science does not hold up, the right motion can end the case outright. None of these outcomes is automatic. The path that fits depends entirely on the facts, which is why the first step is a careful look at exactly what happened and what the State can actually prove.
Related: DUI Defense overview, Breath-Test Refusal, and Felony & Third DUI.
No. A first DUI under section 316.193 is a misdemeanor. It becomes a felony only with a third conviction within ten years, a fourth ever, a crash causing serious bodily injury, or a death.
Ten days from the arrest to demand a formal review hearing or elect the hardship review under section 322.2615. The window does not pause while you decide.
Sometimes, through diversion, a reduction to reckless driving, or a dismissal when the evidence does not hold up. A DUI conviction itself cannot be sealed or expunged in Florida, so avoiding the conviction is the goal. Nothing is automatic; it depends on the facts of your case.
The call is free and confidential. Whether it is a traffic citation or a felony, the sooner a defense begins, the more can be done. Graham W. Syfert answers his own phone.
Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties