Fort Lauderdale Criminal Attorney Blog
Facing a first-time DUI in Broward County can be a scary experience, especially for those who have never navigated the criminal justice system before. Although it may not result in significant jail time (assuming no one was seriously hurt), we do need to stress that it’s a mistake to think that a first-time DUI in Broward County will result in nothing more than a slap on the wrist. The reality is a DUI conviction can have lasting consequences for your career, your education and your personal relationships.
The good news is that even if a dismissal of the charge is impossible, there are legal avenues that could minimize the impacts. Specifically, Broward County has a number of diversion programs and alternative resolutions that may be available, particularly for first-time offenders. But just because you’ve never been in trouble before doesn’t mean the state attorney’s office is going to be eager to let you off light. It’s important to hire a skilled Fort Lauderdale DUI defense lawyer to ensure you aren’t taking an unfair deal or one that could have latent consequences you haven’t considered.
Understanding First-Time DUI Penalties in Florida
Before discussing alternatives, it’s crucial to understand what’s at stake. Under Florida Statute §316.193, a first-time DUI conviction carries significant penalties:
- Fines ranging from $500 to $1,000 (or $1,000 to $2,000 with a BAC of .15 or higher)
- Up to 6 months imprisonment (or up to 9 months with a BAC of .15 or higher)
- License suspension from 180 days to 1 year
- 50 hours of community service
- 12 months of probation
- DUI school completion
- Vehicle impoundment for 10 days
- Ignition interlock device installation (mandatory for BAC of .15 or higher)
Aggravating Factors That Increase Penalties
Several circumstances can enhance these penalties substantially:
- Having a minor in the vehicle at the time of arrest (increases fines and potential jail time)
- Causing property damage or bodily injury (elevates the charge to a first-degree misdemeanor or felony)
- Having an extremely high BAC level (.15 or higher)
- Refusing to submit to a breath, blood, or urine test (triggers automatic license suspension under Florida’s implied consent law)
Broward County Diversion Programs
Fortunately, the option of a diversion program may help first-time DUI offenders avoid the full weight of these consequences.
The main avenue for first-time DUI offenders is:
Misdemeanor Diversion Program (M.D.P.)
The Misdemeanor Diversion Program is a potential option for some offenders in Broward County with a short or non-existent criminal history. That can include first-time DUI offenders. Those who are accepted – and successfully complete — the program will be eligible to have the court drop the charges against them. The program is managed by the Broward County Sheriff’s Office Probation Division in Fort Lauderdale.
Acceptance into the diversion program is at the discretion of the state attorney’s office. In fact, eligibility requirements may be somewhat flexible on a case-by-case basis. This is one of those times when having an experienced DUI defense lawyer to advocate on your behalf to prosecutors can go a long way – even when the evidence against you is significant.
When a diversion program isn’t an option, other resolution strategies may include:
Reducing Charges Through Plea Negotiations
An experienced defense attorney can often negotiate with prosecutors to reduce charges from DUI to reckless driving (a “wet reckless”). While still a serious offense, this reduction avoids the DUI conviction on your record and some of the harshest penalties.
Challenging Evidence
Successful challenges to breathalyzer results, field sobriety tests, or the legality of the traffic stop can sometimes result in dismissed or reduced charges. In Williams v. State (2021), evidence from a DUI arrest was suppressed when the court found that the officer lacked reasonable suspicion for the initial traffic stop.
Why Legal Representation Is Essential for First-Time DUI Case
Even for first-time offenders, navigating Broward County’s legal system without professional representation is extremely risky. A skilled criminal defense lawyer in Fort Lauderdale can help with:
1. Determining Eligibility for Diversion Programs
An attorney can evaluate your case, determine your eligibility to a diversion program, and ensure proper application procedures are followed. Note that even if you technically qualify for a diversion program, prosecutors have a lot of discretion in deciding whether to actually accept you. Having a defense attorney to advocate for you can make a difference.
2. Identifying Defense Strategies
A skilled DUI defense attorney will review all evidence, including:
- Police reports and body camera footage
- Breathalyzer maintenance records
- Officer training certifications
- Witness statements
These reviews often reveal procedural errors or constitutional violations that could significantly impact your case. This is especially important considering that the immediate consequences of a DUI conviction aren’t all you need to worry about. Long-term consequences can include risk to your professional licenses, employment opportunities, auto insurance rates, immigration status and future criminal penalties (if you’re arrested again).
3. Navigating Administrative Proceedings
A DUI arrest triggers two separate processes: criminal court proceedings and administrative actions by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You have just 10 days after arrest to request an administrative hearing to contest your license suspension—a deadline many unrepresented defendants miss. A criminal defense lawyer can help.
Bottom Line
While facing a first-time DUI in Broward County is serious, numerous options exist that may help minimize the impact on your life. The key is acting quickly and enlisting qualified legal representation familiar with local courts, prosecutors, and diversion programs.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Diversion Programs, Broward County State Attorney
More Blog Entries:
DUI Checkpoints in Broward County: Know Your Rights, April 9, 2025, Broward DUI Lawyer
