Florida DUI — First Offense:
The Statute & What It Means
A realistic scenario, the exact statute that governs it, and the penalties that actually apply — explained by a former prosecutor who now defends these cases.
A Realistic Scenario
You have dinner and two glasses of wine at a restaurant on Ocean Boulevard in Stuart. Driving home on US-1, you roll through a yellow light a beat too late. An officer pulls you over, you admit you "had a couple with dinner," and a breath test back at the station reads 0.09.
You have never been arrested before. You are now facing a criminal charge under a specific Florida statute. Here is exactly what governs what happens next.
The Statute That Applies
A Florida DUI is not a traffic ticket. It is a criminal offense defined by Florida Statute § 316.193, which sets the threshold at a blood- or breath-alcohol level of 0.08 or higher — or impairment of your normal faculties, meaning you can be charged even below 0.08.
In the scenario above, the 0.09 reading puts you over the per-se limit — but that is the beginning of the analysis, not the end.
The Actual Penalties
Under § 316.193(2), a first-offense DUI conviction carries:
Jail: Up to 6 months (up to 9 months if BAC 0.15+ or minor present)
License suspension: Minimum 180 days
Also mandatory: 50 hours community service, DUI school, 10-day vehicle impoundment, and a permanent criminal record that cannot be expunged.
What a Defense Attorney Looks For
The statute being met "on paper" does not mean the State can prove it. What gets examined:
- The stop. Was there a lawful basis? If not, everything after can be suppressed.
- The breath machine. The Intoxilyzer 8000 must be maintained and calibrated to Florida standards; readings near 0.08 are especially vulnerable.
- The roadside exercises. Subjective, often improperly administered.
- The 10-day clock. Under § 322.2615 you have 10 days to challenge the administrative license suspension — separate from the criminal case.
Jeff Gorman prosecuted these exact cases in the 19th Judicial Circuit before becoming a defense attorney.
Frequently Asked Questions
What Florida statute covers DUI?
Can I be charged with DUI below 0.08 in Florida?
How much jail time for a first DUI in Florida?
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
