Will you face a jail time for a DUI in Florida?


You may get arrested for a DUI if you get tested for blood alcohol. Florida places importance on driving under the alcoholic influence. Even if it’s your first time, you may end up in jail for a DUI.

It’s important to know what to expect when facing DUI charges. You’ll find further details about jail times and alternatives for DUI in Florida below. If you are facing a DUI charge, contact Parikh Law, P.A.

Will I Have to Serve Jail Time?

A DUI or DWI may result in jail time, even if it’s your first offense. It is not mandatory for the first offense, but the state’s laws keep tightening to prevent catastrophes on the ever-congested roadways. You might get penalized if you refuse to opt for a chemical test.

However, if you face a second DUI less than six years after the first, you may have to face penalties. You will either receive a week’s punishment or be imprisoned.

You will face a one-year sentence under the following conditions:

  • The BAC count is 0.15% or more.
  • You have a passenger aged less than 18 years.
  • The accident causes mild injury or serious property damage.

If your accident causes a severe injury, you might face a sentence of 10 years or more.

Alternatives for First-Time DUI Convictions

If the prosecution won’t agree to dropping the charges, your attorney can work to get you an alternative over jail time.

At the judge’s discretion, an alternative sentence may be granted as a replacement for jail time. This is usually only granted when the DUI was a misdemeanor and the offender has no violent criminal record.

DUI diversion programs may include performing a variety of community service work, electronic monitoring, or drug or alcohol treatment. Once you’re done with the program, you may not face a jail sentence for your DUI.

What Are the Consequences of Having More Than One DUI in Florida?

If you face the second one within 5 years of the first DUI, you will face jail time. Your driving license could get suspended for six months unless you cause someone an injury. If your passenger faces a serious injury, your driving license may get suspended for three years.

You will face greater consequences if your BAC count is high.

What will happen when you get a DUI for the third time?

A third DUI (Driving Under the Influence) conviction in Florida can have serious implications. The state treats DUI offences severely , since it poses a considerable risk to public safety. If you are charged with a third DUI in Florida, you may face harsher penalties than for your prior offence.

DUI School and Probation: As part of your sentence, you will have to attend a DUI school.

Habitual Traffic Offender (HTO) Status: A third DUI conviction could result in being designated as a Habitual Traffic Offender. HTO status is triggered by accumulating multiple traffic-related convictions within a certain period.

How Florida’s Implied Consent Law May Impact Your Freedom

Every time you drive in Florida, you implicitly agree to a breath or urine sample when requested by a law enforcement officer upon your arrest. It does not matter if you have a Florida driver’s license or one from elsewhere.

Hence, refusing to take a chemical test will result in having your license automatically suspended for a year if it’s the first time you’re refusing the test. If you’ve refused the test before, your license will be suspended for 18 months.

Can I Remove a DUI from My Record?

Just like all criminal offenses in the state, DUI is a public record. In Florida, a conviction of this charge will stay on your record for 75 years.

Only if charges are dropped or you are found not guilty can it ever be eligible for expungement. If you’re facing DUI charges, contact a defense attorney to represent you.

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