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The Law Offices of Salazar & Kelly Law Group, P.A. Motto
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Facing a First DUI in Florida: What Happens Next and Why It Matters

DUIGavel

A pair of flashing lights in the rearview mirror can turn an ordinary night into a legal ordeal that lingers for months. If you have never been arrested before, a first-time DUI charge in Kissimmee can feel disorienting, and knowing what lies ahead can make all the difference in how you respond. Our Kissimmee DUI defense attorneys regularly guide first-time defendants through this exact process, and understanding the road ahead is the first step toward protecting your future.

How Florida Defines Impaired Driving

Under Florida Statute § 316.193, a person is guilty of driving under the influence if they are driving or in actual physical control of a vehicle while their normal faculties are impaired by alcohol or drugs, or if their blood or breath alcohol level measures 0.08 or higher. Notably, the vehicle does not need to be moving. A driver asleep at the wheel with the engine running can still face charges if officers determine they were in physical control of the car.

The Arrest and Booking Process

After a traffic stop that leads to a DUI arrest, the driver is typically taken into custody, transported for breath or blood testing, and booked into jail. Florida law allows for an automatic administrative license suspension separate from any criminal case, which begins almost immediately. This dual track, one administrative and one criminal, often catches first-time defendants off guard, since they may not realize their license is at risk even before a judge hears their case.

What Penalties Might Look Like

A first conviction can bring fines, mandatory DUI school, probation, community service, and in some cases a short jail sentence, along with license suspension. Courts may also require the installation of an ignition interlock device. The specific outcome depends heavily on the circumstances of the arrest, including breath test results, field sobriety performance, and whether property damage or injury occurred.

Steps to Take After an Arrest

Several early decisions can shape the outcome of a case:

  • Request an administrative hearing quickly, since there are strict deadlines to challenge license suspension
  • Avoid discussing the incident on social media or with anyone other than an attorney
  • Gather any documentation, such as medical records or receipts, that might explain physical symptoms mistaken for impairment
  • Consult a defense attorney before speaking further with law enforcement

Building a Defense

Not every DUI case results in a conviction. Breath testing equipment can malfunction, field sobriety tests can be administered incorrectly, and traffic stops themselves can sometimes lack proper legal justification. Each of these factors can become the foundation of a strong defense, particularly for someone facing their very first charge.

Reach Out to Our Team for Guidance

A first-time DUI charge does not have to define your future, but the choices made in the days after an arrest carry real weight. At Salazar & Kelly Law Group, P.A., we sit down with clients, walk through every detail of their arrest, and build a defense strategy suited to their situation. If you were recently arrested for DUI, reach out to us today to schedule a confidential consultation and find out where you stand.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

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