MARIO GUNDE PETERS & KELLEY

– Attorneys and Counselors at Law –

First-Time DUI in Brevard County, FL

First-Time DUI

Florida enforces some of the strictest DUI penalties in the nation, and Brevard County courts rarely show leniency, even for first offenders. A conviction can cost you your license, your freedom, and thousands of dollars in fines and fees.

But as a first-time offender, you may have options to protect your future, keep your license, and avoid jail time. At Legal Eagles, our Florida DUI lawyers have helped hundreds of Brevard County residents navigate the local court system and fight for reduced penalties or case dismissals.

Why Choose Legal Eagles for Your Brevard County DUI Case?

  • 24/7 attorney availability, speak with a lawyer anytime
  • Local experience with Brevard County judges and prosecutors
  • Free, confidential consultation: know your options 
  • Transparent process: no hidden fees or surprise costs
woman getting first time DUI

Get a FREE consultation today.

Attorneys Available by Phone 24/7
Call 321-631-0506

What Happens When You Get Your First DUI?

Automatic License Suspension

The Florida DHSMV suspends your driver’s license for six months when your Blood Alcohol Content (BAC) measures or higher. Refusing a breathalyzer test immediately activates the “Implied Consent” law, imposing a longer one-year suspension.

Temporary Permit After DUI Arrest

After your arrest, the officer will typically provide you with a temporary driving permit on the spot, assuming you’re otherwise eligible. This permit lets most drivers continue driving for up to 10 days from the arrest date while you sort out your next steps.

If you’re under 21, there’s a slight twist: your 10-day window begins 12 hours after the permit is issued, not immediately. This grant of limited privilege is your brief opportunity to line up legal help or contest the suspension before you’re sidelined completely.

Restricted Hardship License

You become eligible to apply for restricted driving privileges, allowing travel to work, school, and necessary medical appointments. This is available only after serving a minimum 30-day hard suspension period with no driving whatsoever.

Mandatory Fines

Standard fines range from to . Fines increase substantially, rising to , if your BAC was or higher, if you transported a minor passenger, or if the DUI caused an injury.

Probation and Community Service

The court imposes mandatory probation for a specified term. You must complete at least 50 hours of court-ordered community service as a condition of that probation.

Vehicle Impoundment

The state seizes and impounds your vehicle for a mandatory 10-day period. This impoundment period cannot run concurrently with any term of jail time.

Possible Jail Time

While the judge may not mandate jail time for a standard first offense, they retain the authority to impose incarceration depending on the specific facts and aggravating circumstances of your case.

Ignition Interlock Device (IID)

The judge requires you to install an IID. This is a breath-alcohol sensing device. You will have it for a minimum of six months if your BAC was or greater or if you had a minor in the vehicle.

The Critical 10-Day Rule

You must act quickly: you have only 10 days from the date of arrest to formally request a DHSMV hearing and fight the automatic administrative license suspension. Failure to act waives your right to challenge the suspension.

Obtain Legal Assistance for First Time DUI Charge in Florida

If you have been arrested or charged with DUI, you should immediately contact Mario Gunde Peters & Kelley at Legal Eagles. While courts are not always sympathetic to first time offenders, we understand how to leverage this in your favor in court. Therefore, we are always here to assist you in developing the best defense strategy possible. 

Depending on the facts of your case, we will negotiate a reduced charge on your behalf and protect your rights. Contact our office for a free consultation on your first time DUI charge today.

Additional First FLorida DUI Q&A

In Florida, a driver can be charged with DUI if they are:

  • Driving or in actual physical control of a vehicle
  • While impaired by alcohol or drugs
  • Or with a BAC of 0.08% or higher

Impairment matters even if the BAC is below the legal limit. Officers may rely on field sobriety exercises, driving behavior, speech patterns, or other observations when making an arrest.

Florida DUI laws also apply to:

  • Prescription medications
  • Illegal drugs
  • Marijuana
  • A combination of substances

Most first DUI offenses in Florida are misdemeanors.

However, a first DUI can become more serious if:

  • Someone was injured
  • Property damage occurred
  • A child was in the vehicle
  • The BAC was significantly above the legal limit

DUI cases involving serious bodily injury may be charged as felonies.

Usually, yes, although representation rules may vary depending on the circumstances.

Yes, but refusal carries consequences.

Florida has implied consent laws, meaning drivers agree to chemical testing by operating a vehicle in the state.

A refusal may lead to:

  • Automatic license suspension
  • Additional penalties
  • Use of the refusal as evidence in court

A second refusal can even trigger separate criminal charges.

A DUI conviction in Florida can remain on a criminal record permanently.

Unlike some offenses, DUI convictions generally cannot be sealed or expunged if there is a conviction.

However:

  • Arrest records without conviction may sometimes qualify for expungement
  • Reduced charges may create different eligibility outcomes

This distinction is important when evaluating plea offers.

It can.

A DUI may impact:

  • Professional licensing
  • Commercial driving eligibility
  • Insurance rates
  • Background checks
  • Security clearances

Some employers view a single DUI differently than repeat offenses, but consequences vary by industry.

Jobs involving driving are often affected the most.

The true cost often extends far beyond court fines.

Potential expenses include:

  • Fines and court costs
  • DUI school
  • Towing and impound fees
  • Increased insurance premiums
  • Ignition interlock device costs
  • Lost wages
  • Legal representation

For many people, the total financial impact reaches several thousand dollars.

Florida courts frequently require DUI school after a conviction.

These programs focus on:

  • Substance abuse education
  • Risk reduction
  • Driving behavior
  • Evaluation and treatment recommendations

Completion may be necessary for license reinstatement.

Sometimes.

Not every DUI arrest leads to a conviction.

Defense strategies may challenge:

  • The traffic stop
  • Officer observations
  • Field sobriety exercises
  • Breath testing procedures
  • Calibration records
  • Constitutional violations

In some cases, charges may be reduced through negotiation. In others, weaknesses in the evidence become central to the defense.

Many people initially assume they can handle a first DUI alone. But DUI cases often involve:

  • Strict deadlines
  • Technical evidence
  • Separate administrative proceedings
  • Long-term consequences

An attorney may help evaluate:

  • Whether the stop was lawful
  • Possible defenses
  • License options
  • Negotiation opportunities
  • Trial risks

Even seemingly straightforward DUI cases can contain procedural issues that affect the outcome.

The hours and days after an arrest matter.

Common recommendations include:

  • Avoid discussing the case publicly
  • Preserve paperwork and receipts
  • Write down details while memories are fresh
  • Track all court dates and deadlines
  • Address license issues immediately
  • Consult legal counsel before making decisions

Quick action may protect driving privileges and improve defense options.

Get a FREE consultation today.

Attorneys Available by Phone 24/7
Call 321-631-0506