As an esteemed DUI law firm in Tampa, we know that in the state of Florida, there is no mandatory jail sentence for a first time offense. This means if you have never been arrested before for a DUI, and you get your first one, there is no mandatory jail.

However, if you went to trial and the circumstances of the case were horrible, you’ve made admissions, or a judge thought it was an elevated case, the maximum you can receive on a first time offense is six months in county jail. If there was an elevated breath test, it could be nine months.

But, on any misdemeanor offense for DUI, whether it was the first, second or third offense, the maximum jail time you can receive on any DUI in the state of Florida is one year.

Can A DUI Be A Felony?

If you have had three or more prior convictions of DUI, or three within 10 years, that DUI arrest can become a felony. That means you could be looking at state prison if you have multiple prior convictions.

For a first offense, there is no mandatory jail sentence, and in all misdemeanor DUI offenses, the maximum you can receive is one year county jail with 90% of all DUIs resulting in no county jail.