Frequently Asked Questions About Florida DUI Charges

Last updated on May 14, 2025

It is upsetting and scary to be facing a drunk driving charge here in Fort Myers or the surrounding area. At Absolute Law, we offer clear, focused representation that you can trust. Here, our attorneys answer some of the most common questions they receive.

What are the consequences of getting a DUI in Florida?

Florida has some harsh penalties for DUI convictions. A first conviction for DUI will lead to a fine between $500 and $1,000, and up to six months in jail. You may also be saddled with additional penalties such as the loss of your driver’s license for up to a year, an ignition interlock device for up to six months, up to 50 hours of community service, monthly probation reporting for a year and vehicle impoundment for up to 10 days.

Like most states, Florida also has enhanced penalties for people who are convicted of DUI with a blood alcohol content (BAC) level that is above 0.15 and when there is a minor in the car at the time of the incident. Penalties for subsequent DUI convictions continue to increase in severity, as well.

How much does a DUI really cost in Florida?

The financial impact of a DUI in Florida goes far beyond just a fine. Expect costs to include court fees, mandatory DUI school, potential vehicle impoundment, increased insurance premiums and attorney fees. Additionally, expect ignition interlock device installation plus monthly fees.

Even a first-time offense can quickly accumulate several thousand dollars. The total expense depends on factors like the severity of the offense, whether there were injuries and if there are prior offenses.

Will I go to jail for a first DUI offense in Florida?

Florida law does not mandate jail time for all first-time DUI offenses, but it remains a possibility. For a standard first offense, you face up to six months in jail, though many first-time offenders without aggravating factors receive probation instead. However, certain circumstances significantly increase the likelihood of jail time: a BAC over 0.15%, having a minor in the vehicle or causing property damage or injury.

A judge still has the discretion to impose a sentence. Factors like your driving record and the specific circumstances of your arrest will be considered.

Can I still drive to work after a DUI arrest?

Your license may be suspended immediately after arrest. To drive legally, you must request a DMV hearing within 10 days to challenge the suspension. If eligible, you might obtain a 42-day temporary permit followed by a hardship license for work, school or medical needs. After 30 days without a hearing, you may qualify for a hardship license by enrolling in DUI school. Driving without authorization risks further penalties.

How can I fight a DUI charge in Florida?

Several effective defense strategies exist, including:

• Challenging the legality of the traffic stop or arrest.
• Questioning breathalyzer accuracy or calibration.
• Highlighting improper administration of field sobriety tests.
• Proving medical conditions (for example, acid reflux) skewed test results.

Each case hinges on evidence, hence the need for timely legal action to help protect your rights.

Will a DUI affect my job or future employment?

A DUI conviction becomes part of your public record, which employers can access. Jobs requiring driving (delivery, trucking) or professional licenses (nursing, law) may be directly impacted. While Florida restricts employers from denying jobs based solely on arrests without convictions, a conviction can influence hiring decisions. As such, be proactive: understand industry-specific consequences and explore options for record sealing or expungement where possible.

What is the legal BAC limit for drivers in Florida?

Like other states, Florida imposes a “per se” limit on drivers that says a blood alcohol content level of 0.08 or above is legal intoxication, regardless of whether the driver seems impaired.

How long will a DUI conviction stay on my record in Florida?

Florida is extremely serious about DUIs. A conviction will stay on your record for 75 years, and it cannot be expunged. That is one of the reasons it is critical to get an experienced defense attorney on your side.

Can I refuse a breathalyzer test if I’m pulled over for a suspected DUI in Florida?

Implied consent laws say that if you want the privilege of a Florida driver’s license, you must agree to chemical blood alcohol testing if you are arrested for a DUI. If you refuse, your driver’s license can be suspended for one year. A second refusal can lead to misdemeanor charges in addition to an 18-month license suspension.

Let Us Help You Get Through This

At Absolute Law, we work hard to minimize the consequences of DUI charges for our clients. Call us at 239-268-4669 or use our online contact form to reach out and schedule your free consultation today.