It’s my first DUI—will I go to jail in South Florida? DUI Lawyer Explains

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It’s my first DUI—will I go to jail in South Florida? DUI Lawyer Explains

It’s my first DUI—will I go to jail in South Florida? DUI Lawyer Answers

No result is ever guaranteed, and no lawyer should ever tell you that it is. While it is very unlikely that you will go to jail for your first DUI, it is still a possibility to go to jail for your first DUI. 

It all depends on your particular case, and the details of your case. While jail time for a first-time DUI in Florida is certainly less likely, it is not out of the question.



The maximum penalty for a first-time DUI in South Florida is six months up to a full year in jail. The amount of Jail time depends on the breath test result (if you complied with a breathalyzer test) as well as other circumstances such as if there was a crash or not involved in the DUI arrest. 

There are many ways to fight and beat a DUI case and avoid jail time, but you will need a great DUI lawyer on your side who knows how to get you a great result on your Florida DUI case.

JAIL Penalties for a First-Time DUI Conviction In Florida

  • 0 months in jail – it is possible to have NO jail time
  • Up to 6 months in jail – possible if you refused a breath test, or if your Blood Alcohol Content was below 0.15 (legal limit is 0.08)
  • Up to 9 months if your BAC was above 0.15, or if you had a minor in the car with you at the time of the DUI arrest
  • Up to 1 year if there was a crash as a result of Driving Under the Influence

DRIVER’S LICENSE Penalties for a First-Time DUI Conviction In Florida

  • 6 month minimum Driver’s License suspension if convicted of a DUI in Florida
  • 1 year maximum Driver’s License suspension if convicted of a DUI in Florida

FINE Penalties for a First-Time DUI Conviction In Florida

  • $500 to $1,000 possible in fines
    • ​$1,000 to $2,000 possible in fines if a minor was in the car, or if your BAC was above 0.15

Free DUI Consultations with DUI Lawyer in South Florida

We’ve successfully handled a variety of Florida DUI charges and cases and are confident we can give you the results and aggressive defense you deserve and need to protect your liberty. 

We offer a FREE strategy session (above & beyond a free consultation)to new clients interested in discussing the details of their case so you know how we plan to get the best possible outcome for you and your case.  

Give us a call today:

See all locations Rossen Law Firm practices DUI Defense.


A Florida DUI Penalty Infographic explains the jail time penalties possible if you are convicted of a DUI in Florida. For example, a first time DUI in South Florida could mean no time in jail or up to one year in jail.

It’s my first DUI—will I go to jail in South Florida? DUI Lawyer Explains
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    kevin tabronkevin tabron
    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
    Jason HigleyJason Higley
    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
    Ketiana ProvinceKetiana Province
    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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    Second DUI, 0.19 Breath
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    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
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