How likely is jail time for the first DUI in Florida?
If you were arrested for Driving Under the Influence (DUI) of alcohol or drugs, you could face substantial penalties. According to Florida Statutes § 316.193, the potential penalties for a first-time DUI conviction include a $500 to $1000 fine and imprisonment for up to six months. Certain factors could also increase the possible jail time. If your BAC is above .15 or you have had subsequent convictions, you could face jail for up to nine months. These instances could also indicate a substance abuse problem rather than an isolated incident of bad judgment.
Because a first DUI conviction often results from a person making a poor decision, most judges and prosecutors in Florida will work with defendants to help them avoid jail time. However, the likelihood of getting jail time depends on the facts and circumstances of the arrest and the individual’s willingness to accept responsibility and make amends for their behavior.
DUI Arrests Typically Result in Short-Term Jail
While you may not receive a jail sentence for a DUI, the police will almost certainly arrest you and put you in jail immediately after your arrest. Sometimes, the police may hold you until you can appear in court. Generally, though, they hold drunk drivers until their BAC goes down to zero.
An arrest is meant to prevent the driver from continuing to drive while intoxicated. However, the police may instead issue a citation without arresting a driver if they have an alternative, such as another driver who is available or if the driver can call someone to get them. This differentiates DUIs from other offenses that may require an arrest.
While most first-offenders are quickly released from jail and remain free until their trial, this is not always true. If the driver was involved in a DUI accident that led to injuries, substantial property damage, or death, the court may choose not to release a defendant. Additionally, the court may look at the defendant’s history aside from driving offenses. For example, a defendant with prior evidence of drug possession may have a higher likelihood of arrest before trial.
First DUI Convictions Rarely Result in a Jail or Prison Sentence
A first DUI in Florida is unlikely to result in a prison or jail sentence. The judge has the right to administer alternative punishments, including a substance abuse treatment diversion program, probation, or even deferred adjudication. A defendant may also enter into a plea bargain agreement, allowing them to plead to reckless driving instead of a DUI.
Some conditions increase the likelihood of serving time in jail for a DUI, such as:
- Property damage
- Injury to others
- Driving with a BAC over .15
- Driving with a child in the vehicle
- Causing someone’s death
The court will review the totality of the circumstances to determine your punishment.
Even if a person gets sent to jail, they are unlikely to go to prison for a first-time DUI offense. Prison is almost always avoidable if the only conviction is for a DUI offense. Jail facilities are for short-term punishments, while prisons are for longer-term punishments. Since the sentences for first-time DUIs are typically six to nine months, they normally stay in a jail facility because they are commonly preferred over prisons due to better conditions. However, if there are additional charges, such as a homicide charge, a conviction may result in a prison sentence.
Decrease the Likelihood of Jail Time for a First DUI in Florida
While imprisonment is unlikely for a first-time DUI offense in Florida, it is possible. Although there is the possibility you could avoid a prison sentence on your own, it is unlikely that you could avoid the other penalties of a DUI conviction. A DUI conviction could result in damages to your reputation, job loss, civil liability, license suspension, et cetera. For help navigating a DUI charge, schedule a free case evaluation with an attorney from Price Benowitz.
