First DUI

a man blowing an alcolimeter

If you have been pulled over on suspicion of a first driving under the influence (DUI) of alcohol or drugs in Jacksonville, you may be feeling anxious or nervous about the potential penalties if you convicted of the offense. Although a first drinking and driving conviction can result in serious penalties and repercussions, an experienced criminal defense lawyer in Jacksonville may be able to identify mitigating factors or defenses to your alleged offense.

WARNING: It is important to remember if you received an administrative license suspension for refusing to submit to chemical testing or failing to pass an intoxication test after your first suspicion of DUI charges, you only have ten days to request a formal or informal review of your license suspension under Fla. Stat. § 322.2615(1)(b)(3).

Jacksonville First Dui Attorney

Contact Roelke Law today to speak with an experienced Florida DUI defense lawyer. Bill Roelke is a knowledgeable DUI defense attorney who will help you aggressively fight the criminal charges you are facing. Contact Roelke Law for a free consultation today at (904) 354-0333 if you have been charged with a first DUI in Jacksonville, Saint Augustine, Fernandina Beach and Orange Park.

Jacksonville First DUI Information Center

Back to top

Definition of First DUI in Florida

An individual can be charged with their first driving under the influence (DUI) offense if their blood or breath alcohol concentration (BAC) is over the legal limit or their normal faculties are impaired, and they are in actual physical control of a vehicle on a Florida road, according to Fla. Stat. § 316.193.

A driver can be in actual physical control of a motor vehicle in Florida if they are in the car and capable of operating it or close enough to the vehicle to operate it. An individual can still be charged with DUI in Florida even if they are not actually driving the vehicle.

An individual can be charged with a DUI if their normal faculties are impaired due to the consumption of alcoholic beverages or any type of controlled substances. Normal faculties include hearing, walking, talking, depth perception, driving, making judgments and/or the ability to perform any normal daily mental and physical acts, according to Fla. Stat. § 316.1934.

An individual can be charged with driving under the influence of drugs or controlled substance if their normal faculties are impaired from any substance listed in Chapter 893 of the Florida Statutes, which contains Florida’s Comprehensive Drug Abuse Prevention and Control Act.

Back to top

Florida’s DUI Legal Limit

A per se DUI arrest in Florida can occur when an individual has a breath or blood alcohol level over Florida’s legal limit. An individual who does have a BAC over the legal limit can automatically be arrested for DUI, as stated in Fla. Stat. § 316.193.

As defined in section 316.193(1) of the Florida Statutes, the legal limit in Florida is measured by either the driver’s breath-alcohol level or blood-alcohol level. This level is defined in § 316.193(1)(b) and (c) as .08 or more grams of alcohol per 100 milliliters of blood or .08 or more grams of alcohol per 210 liters of breath.

This level is very low, and often individuals who have one or two drinks can meet or exceed the legal limit in Florida, even if they believe they are capable of driving their car.

Back to top

First DUI Penalties in Jacksonville

Common penalties that can result from a first DUI conviction can include the following:

  • A fine between $500 and $1,000,
  • A driver’s license suspension for 180 days to a year,
  • Vehicle impoundment up to 10 days,
  • Probation, and/or
  • Up to six months in jail.

Additionally, an individual has been charged with a first DUI in Florida could face the possibility of having an ignition interlocking device installed on their vehicle. An ignition interlock device is an in-car breath alcohol screening machine. The device is installed in the individual’s vehicle and requires the driver to take and pass a breath test before their car will start. If the driver’s breath alcohol level is above 0.05%, their car will fail to start. Anyone who is required to install an ignition interlock device is also required to pay all fees related to the installation and maintenance of the device.

Back to top

Enhanced Penalties for a First DUI in Jacksonville

Under certain circumstances, an individual can face enhanced penalties for their first DUI in Jacksonville. For instance, if an individual had a blood or breath alcohol level of 0.15 or higher, or they were accompanied by a minor under the age of 18 at the time of their DUI arrest, they can face any of the following penalties:

  • A maximum jail sentence of up to nine months in jail,
  • A fine between $1,000 and $2,000, and/or
  • Required installation of an ignition interlock device for at least six months.

Back to top

First DUI Program in Florida

An individual who has been convicted of a first DUI may also be required to complete an approved Florida DUI program. This program is designed to provide education and psychological evaluation and treatment referral services to DUI offenders.

There are two levels to Florida’s DUI program. Level I is designated for first time offenders and Level II is designated for repeat offenders. The Level I portion of the program consists of a minimum of 12 classroom hours and incorporates interactive educational techniques. The program must be approved by the Florida Department of Highway Safety and Motor Vehicles.

If an individual has had their driver’s license suspended as a result of a DUI conviction, they may be required to show proof of successful completion of the program before they can be eligible to reinstate their license.

Back to top

Jacksonville Resources for First DUI

Florida DUI Program – This link is to the DUI schools in Florida that have been approved by the Bureau of Driver Education and DUI Programs. Individuals who are required to attend a DUI program as a result of a DUI conviction can access programs available in their county at this link. DUI schools serving Duval, St. Johns, Nassau and Clay counties in Florida can be located at:

Northeast Florida Safety Council, Inc.
1725 Art Museum Drive
Jacksonville, Florida 32207
Phone: (904) 399-3119

Alcoholics Anonymous – This organization provides men and women an opportunity to discuss their experiences associated with an addiction to alcohol or substance abuse. Participants in the program are able to seek advice from others with similar circumstances and encourage each other to maintain a sober lifestyle. A local Alcoholics Anonymous group can be located at:

Northeast Florida Intergroup
Phone: (904) 399-8535

Florida Constitution and Statutes – This link is to section 316.193 of the Florida Statutes, which specifically outlines the elements of a first DUI offense and the penalties an individual can face if they are convicted of driving under the influence of alcohol or drugs in Jacksonville.

Back to top

Roelke Law, P.A. | Duval County First DUI Lawyer

If you have been charged with a first DUI offense in Duval County, Florida and the surrounding areas of St. Johns County, Nassau County and Clay County, contact Roelke Law today. Bill Roelke is an experienced Jacksonville DUI defense attorney who can help you throughout the entire DUI process in Florida including at your administrative license suspension hearing. Contact Roelke Law today for a free consultation at (904) 354-0333 or send an online message about your alleged driving under the influence offense.

Client Reviews

I originally hired a trial attorney for my case who was very expensive. My friend recommended William Roelke and I hired him instead for my case. He reviewed my case carefully and all the presented evidence I provided. What I like about this attorney is prompt responses to my inquires, detailed...

Simir S.

Mr. William Roelke is outstanding. Beyond comparison, marvelous is the display of his craft. His professional demeanor and wonderful insight is amazing. Mr. Roelke has superior character and insight. Should you be in need of services, please don’t hesitate to engage, Mr. William Roelke. Simply The...

Frederick K.

What a pleasure to have Mr. Roelke in your corner! I have been very impressed from my first contact with Bill. He was very prompt to return my initial phone call, and he has always been forthright about our case options, and the advice given. Very calm and highly competent. He accomplished every...

Kevin B.

William Roelke is an experienced, ethical, well prepared, well educated, top notch attorney. I give William Roelke my highest recommendation. He guided our family through a complex set of charges, communicated with us on a regular basis, represented us well and the result....all charges dismissed...

Carol F.

I am very glad to have contacted William Roelke about my case. William was very professional, calm and well-spoken; I felt very comfortable doing business with him and I am more than pleased to say that my charges have been dropped. I highly recommend Roelke Law, William will surely take good care...

Jhon D.

Contact Us

  1. 1 Free Case Strategy Session
  2. 2 Available 24/7
  3. 3 Over 15 Years of Experience

Fill out the contact form or call us at (904) 354-0333 to schedule your free case strategy session.

Leave Us a Message