A first DUI in Florida: what it can result in
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A misdemeanor with a fine floor, not a fine ceiling. Florida writes the minimum fine into the statute, which is unusual: not less than $500 for a first conviction. Two facts double it. A reading of 0.15 or higher, or any passenger under 18 in the car, moves you to subsection (4): $1,000 to $2,000 and up to nine months, plus a mandatory interlock for at least six continuous months. Everyone convicted also goes on monthly reporting probation and must complete a licensed substance abuse course with a psychosocial evaluation.
Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense FL, or a first DUI in FL — and the paperwork will use none of them. Florida charges it under a section number, and that is what decides the range below.
Grade. Misdemeanor under s. 316.193(2)(a)
Confinement. Up to 6 months
Fine. $500 to $1,000
Florida Statutes § 316.193 · Fla. Stat. § 316.193(2)(a), (4) · checked 2026-09-04
What turns this DUI into something worse
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A reading of 0.15 or higher, or a passenger under 18 | Doubles the fine and adds a mandatory interlock | Subsection (4) treats both facts the same way: $1,000 to $2,000 on a first conviction instead of $500 to $1,000, up to nine months instead of six, and an interlock for at least six continuous months — two years on a second. Only the current offense has to meet the reading. Florida Statutes § 316.193 · Fla. Stat. § 316.193(4) · checked 2026-09-04 |
The device is a separate track
Florida does not order an interlock for every first conviction — it becomes mandatory at 0.15% BAL or with a minor in the car, and it is required whenever a convicted driver applies for a hardship or business-purposes license. Your term starts the day the "P" restriction lands on your license, not the day of the conviction.
In Florida the interlock term runs Court’s discretion and is administered by Florida Department of Highway Safety and Motor Vehicles — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Florida Department of Highway Safety and Motor Vehicles
Florida DUI questions
Is jail time mandatory for a 1st DUI in Florida?
Florida writes the minimum fine into the statute, which is unusual: not less than $500 for a first conviction. Two facts double it. A reading of 0.15 or higher, or any passenger under 18 in the car, moves you to subsection (4): $1,000 to $2,000 and up to nine months, plus a mandatory interlock for at least six continuous months. Everyone convicted also goes on monthly reporting probation and must complete a licensed substance abuse course with a psychosocial evaluation.
How likely is jail time for a first DUI in FL?
Start from what the statute forces and what it leaves to the judge. The floor here is up to 6 months, and it moves on the facts: a reading of 0.15 or higher, or a passenger under 18 means doubles the fine and adds a mandatory interlock. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DUI in Florida?
Misdemeanor under s. 316.193(2)(a): up to 6 months, and a fine of $500 to $1,000. The range is set by Fla. Stat. § 316.193(2)(a), (4), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Florida?
A reading of 0.15 or higher, or a passenger under 18 — doubles the fine and adds a mandatory interlock.
Does an interlock come with it in Florida?
Florida does not order an interlock for every first conviction — it becomes mandatory at 0.15% BAL or with a minor in the car, and it is required whenever a convicted driver applies for a hardship or business-purposes license. Your term starts the day the "P" restriction lands on your license, not the day of the conviction. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Florida Department of Highway Safety and Motor Vehicles.
Other steps in Florida: second offense penalties and when it becomes a felony penalties.
All Florida DUI rules →Penalties across the states →Florida DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.