Miami, FL, How likely is jail time for a first-time DUI offender?

You were pulled over and charged with driving under the influence (DUI) in Miami, FL and your biggest concern is whether you are going to have to serve time in jail. The mere thought of being incarcerated is a very concerning one, especially if you have children and/or a steady job. If you’re looking to learn more about the penalties a first-time DUI offender could potentially be faced with when charged with the crime in Miami, FL as well as what you can do to reduce your chances of having to serve any jail time at all, read on below.

First-Time DUI Offender Penalties for Drivers Charged in Miami, FL


The Florida Department of Highway and Motor Vehicles says that DUI offenders in Miami, FL could be faced with the following penalties if they are convicted (i.e. found guilty) of the crime for the first time:

  1. Jail time.
  • Imprisonment for not more than six months.
  • If your Blood Alcohol Concentration level (BAC) was .15 or higher, or if there was a minor traveling in the vehicle with you, then you could be imprisoned for up to nine months. In the State of Florida, it is illegal to operate your motor vehicle with a BAC level of .08 or higher.
  1. Fines
  • Not less than $500 or more than $1,000.
  • If your blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, you could be charged with a fine no less than $1,000 or no more than $2,000.
  1. Impoundment or Immobilization of Vehicle
  • For a first-time DUI offender, you could be looking at having your vehicle impounded for 10 days.
  1. License Revocation.
  • For a first-time DUI offender who did not cause bodily injury, you are subject to having your license revoked for a minimum of 180 days or up to one year.
  • If you did cause bodily injury to another, your revocation period increases to a minimum of three years.

Important: If you caused a drunk driving accident in Miami, FL that resulted in property damage and/or personal injury to another, you are said to have committed a first-degree misdemeanor that carries the following penalties: a fine of no more than $1,000 or one-year imprisonment. If the accident resulted in the death of another, you can expect that your penalties will be enhanced.

Charged with DUI in Miami? Here’s What You Should Know

Just because you have been charged with DUI, a crime that does carry jail time, that doesn’t necessarily mean it will be included in your sentence if you are found guilty and convicted. The fact is, a Miami, FL DUI attorney who is skilled in this field of law can fight your charges and potentially get them reduced or dismissed. If the arresting officer violated one or more of your rights when you were pulled over or during the time your BAC was calculated, that could result in some or all of the evidence collected to be used against you to become inadmissible.

Inadmissible evidence “cannot be presented to the jury or decision-maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.”

Now, if you are interested in learning more about how you can fight your charges and/or reduce the chances of being faced with jail time because you have been charged with DUI, The Law Offices of Gary A. Costales, P.A. is here to answer any questions you might have and/or provide you with the legal representation you will need.

DUI Attorneys


The Law Offices of Gary A. Costales, P.A.

200 Brickell Avenue, Suite 1440
Miami, FL 33131
Phone: 877-389-7395
Website: www.costaleslaw.com