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Kissimmee First DUI Defense
If last night was the worst night of your life — the lights, the roadside exercises, the booking photo — here is the most important thing to know this morning: a first DUI arrest is not a DUI conviction — in Osceola and Orange County, properly defended first offenses can often be reduced, diverted, or dismissed, though every case turns on its own facts. The second most important thing: you have 10 days to act to protect your driver's license.
Chad Seibel is a former prosecutor who has handled DUI cases from both sides — prosecuting them, then defending them. Call or text 407-846-8008 today — the earliest decisions in a DUI case are the ones that can't be redone.
First-Conviction Penalties Under § 316.193
If convicted of a first DUI, Florida law requires:
• A fine of $500 to $1,000 (raised to $1,000–$2,000 if your breath or blood alcohol level was .15 or higher, or a minor was in the car);
• Up to 6 months in jail (up to 9 months with the .15+/minor enhancement) — though jail is rare on a defended first offense;
• Probation up to 1 year, with monthly reporting;
• At least 50 hours of community service;
• 10-day vehicle impoundment;
• DUI school and a substance-abuse evaluation, with any recommended treatment;
• A 6-month to 1-year driver's license revocation, and with the .15+/minor enhancement, an ignition interlock device for at least 6 months.
A DUI conviction in Florida can never be sealed or expunged, and it can never be removed from your driving record. That permanence is exactly why fighting the charge — or steering it to a reduced outcome — matters so much on a first offense.
The First Deadline: 10 Days for Your License
The criminal case and your license are two separate fights. The administrative suspension starts the night of arrest; your DUI citation acts as a 10-day driving permit. Within those 10 days you (or your lawyer) must either demand a formal review hearing to challenge the suspension — which also lets us cross-examine the officer under oath, early and on the record — or, for most first offenders, apply for immediate hardship reinstatement by enrolling in DUI school, so there is no gap in your ability to drive to work. Which path is right depends on the facts of your stop; see our 10-Day Rule & Hardship License page. Either way: the clock is running.
How First DUIs Get Won or Reduced
• The stop. Weaving within a lane, “wide turns,” and anonymous tips often don't legally justify a stop. If the stop falls, the evidence that followed may fall with it.
• The roadside exercises. Field sobriety exercises are graded subjectively, by the officer who already decided to investigate you — on video that often looks better than the report reads.
• The breath test. Maintenance records, the 20-minute observation rule, and calibration histories are all attackable. A .08 or .09 reading has a margin-of-error problem the State would rather not discuss.
• Reckless driving reductions. Where the evidence has problems, prosecutors may agree to amend a first DUI to reckless driving (“wet reckless”) — avoiding the DUI conviction, the insurance catastrophe, and the permanent record. With a withhold of adjudication and completed conditions, a reduced charge may later be sealed.
• Diversion. Depending on the facts and the State Attorney's current program criteria in the Ninth Circuit, first-offense diversion can end the case without a conviction.
Frequently Asked Questions
Will I go to jail for a first DUI?
Jail is uncommon on a defended first offense without aggravating facts. The realistic stakes are your record, your license, your insurance, and your job — which is where the defense focuses.
Should I just plead guilty and get it over with?
Not before a lawyer reviews the stop, the video, and the test records. A DUI conviction is permanent; a few weeks of patience can turn into a reduced charge or better.
I blew under .08. Why was I still arrested?
Florida charges impairment, not just numbers — and officers arrest first and let the State sort it out. Under-.08 cases can be very defensible.
I refused the breath test. Is that better or worse?
It changes the case: less evidence for the State, but a longer license suspension — and since October 1, 2025, a first refusal is itself a crime. See our DUI Refusal page; refusal cases need counsel immediately.
Ten Days. One Phone Call.
Bring us the citation and the story while the details are fresh. Call or text 407-846-8008 for a free consultation with former prosecutor Chad Seibel. Office visits are by appointment only.