First-Time DUI Defense

A First DUI Charge Is Not a Conviction

A first arrest for driving under the influence is frightening, and the paperwork you receive can make the outcome feel decided. It is not. A charge is the beginning of a process, and how that process is handled from the first days often shapes everything that follows, including whether the case results in a conviction at all.

There are two matters running at the same time after a DUI arrest. One is the criminal case in court. The other is an administrative action against your driver license, which moves on its own deadline that can run out in as little as ten days. The firm addresses both.

First DUI Penalties in Florida

Florida sets out DUI penalties in Section 316.193 of the Florida Statutes. For a first conviction, the statute provides for a fine of not less than $500 and not more than $1,000, up to six months of imprisonment, a period of probation, at least fifty hours of community service, completion of DUI school and a substance abuse evaluation, and a ten-day vehicle impoundment or immobilization.

When the driver's blood or breath alcohol level was 0.15 or higher, or a minor was in the vehicle, the exposure increases to a fine of not less than $1,000 and not more than $2,000, up to nine months of imprisonment, and a mandatory ignition interlock device. A first DUI that involves property damage, serious bodily injury, or death carries substantially higher, felony-level penalties.

The Back on Track Program in Miami-Dade

For eligible first-time offenders, Miami-Dade offers a diversion path that can change the outcome significantly. Through the State Attorney's Office Back on Track program, a first-time DUI defendant may, at the prosecutor's discretion, have the opportunity to complete the program and receive a withhold of adjudication on a reduced charge of Reckless Driving rather than a DUI. When that happens, the result is often very favorable, because there is no DUI conviction on the record.

Eligibility is decided by the prosecution and depends on factors such as the person's criminal and driving history and the circumstances of the arrest, so it is not automatic and not available in every case. Pursuing it effectively means presenting the case to the State Attorney's Office in the strongest possible light from the start. The firm evaluates whether this option, or another resolution, is realistic for your situation.

DUI Charges in Washington, D.C.

The firm also handles first-offense DUI matters in Washington, D.C. The District addresses impaired driving in Section 50-2206.13 of the D.C. Code, where a first offense is punishable by a fine of up to $1,000, up to 180 days of incarceration, or both, along with mandatory minimum periods of incarceration that increase with the driver's alcohol concentration. Because the District layers mandatory minimums on top of the base penalty, the specific facts of the stop and the chemical test results matter a great deal. If your matter arises in the District, the firm will walk you through how its rules differ from Florida's.

How the Firm Defends a First DUI

A DUI case is built on evidence, and evidence can be challenged. The firm examines the reason for the traffic stop, how field sobriety exercises were administered, whether the breath or blood testing was performed and maintained correctly, and whether your rights were respected throughout. Where the evidence is weak, that becomes leverage. Where it is strong, the focus turns to mitigation and to outcomes that protect your record and your license.

Alec Kohn spent three years as a prosecutor in the Miami-Dade State Attorney's Office before founding the firm. Having evaluated and tried cases from the state's side, he understands how a DUI file is assembled and where it can come apart. You work directly with the attorney handling your case, and the firm is reachable 24 hours a day.