Is a first DUI conviction considered a criminal misdemeanor?

Asked on May 9, 2013 under Criminal Law, Florida


Mitchell Goldman / Law Offices of Cantwell and Goldman, P.A.

Answered 7 years ago | Contributor

A first time DUI conviction is a 2nd degree misdemeanor in the state of Florida, and it is punishable by up to 180 days in jail. Often, these cases can be resolved before reaching the trial stage. I would highly recommend that you seek assistance from an attorney for this matter in order to resolve it properly.

-Jay (Cantwell & Goldman, P.A.)

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

My research suggests that driving under the influence (of either alcohol or drugs) is considered to be a misdemeanor offense in the state of FL.

Additionally, a certain amount of alcohol is permitted for those 21 years old; the legal limit is a BAC of .08%. For a first offense, illegal levels of intoxication are divided into breath or blood alcohol limits above .08% and those above 1.5%. There is a zero tolerance policy for those drivers who are under 21 years of age.

Since a criminal ffense is involved, you really should consult with an experienced DUI attorney in the area in which your arrest took place. Many times a DUI charge can be pled down or even dismissed.

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