How Long do You go to Jail for a DUI?

If you have been charged with Driving Under the Influence, you already know that you are likely to face fines and driver’s license suspension. There are some cases when a person may even go to jail for six months for a first time DUI. It is important to hire a trained Miami criminal attorney to fight for you. It is always a good idea to familiarize yourself with the Sunshine States laws and penalties regarding drunk driving.

What to do When You are Arrested 

When a police officer pulls you over, you should place your hands on the steering wheel and be very polite to them. The officer may ask you where you have been and how much you have had to drink. Remember that you do not have to answer their questions. They may ask you to take a chemical test or to perform sobriety exercises, but you are not obligated to do that either. If you refuse a chemical test, you may be subject to driver’s license suspension.

Possible Jail Time for a DUI in Florida

The jail time one might incur for a DUI increases with each offense. You are considered to be “driving under the influence of alcohol” when your breath alcohol level is over 0.8. If you drive a commercial vehicle, you are considered drunk if your BAC is over 4.0.  Each offense will also come with a certain amount of fines and license suspension. 

1st Offense 

The first conviction of a DUI can come with 6 to nine months in jail, along with fines from 

$500 to $1000. You may face license revocation from 180 days to a year. It is very unusual for a person to receive a jail sentence on a first offense. You will only go to jail if the charges were aggravated.

If your blood alcohol level is over 0.15, your charges will be considered aggravated. If you had an accident when you were under the influence or if you had a child in the car at the time of arrest, your charges might be considered aggravated. 

2nd Offense 

A second offense DUI comes with a mandatory jail sentence of 10 days if that DUI was within five years of the first one. Your vehicle may also be impounded for 30 days. You may lose your license for up to 5 years.

3rd Offense 

A third offense will nettle a driver 30 days in jail and a 90-day vehicle impoundment. Your license will be revoked for 10 years and you will face multiple fines if you are convicted of a third DUI.

If your accident resulted in serious personal injury, you might face as much as five years in jail and three years of license revocation.  If you had an accident when you were drunk and that resulted in a death, you will face up to 15 years in prison and permanent license revocation.

Finding an Attorney

The attorney you select should have years of experience in criminal law. They should be well versed in Florida’s traffic laws. Remember to call the Florida Bar Association and make sure that a lawyer does not have any complaints against them. 

The attorneys at DUI firm of Stroleny Law will fight hard to get you the lightest sentence possible or have the charges dismissed. Your freedom is important and your case should be just as urgent to your lawyer as it is to you.

Authoritative Sources:


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How Long do You go to Jail for a DUI?