Whether a Florida DUI / DWI defendant faces jail time depends on the charges and the number of drunk driving arrests within a five- or 10-year span. An experienced Florida DUI / DWI attorney will defend each case with the goal of minimizing or eliminating jail time.

A first-time drinking and driving defendant faces up to six months in jail; however, the driver is unlikely to be incarcerated as long as the drrunk driving arrest didn’t involve an accident or an injury. First-time DUI / DWI defendants who had a blood alcohol content (BAC) of .20 percent or greater face up to nine months in jail.

Drivers arrested for a second DUI / DWI offense within five years face 10 days to nine months in jail. A second drunk driving conviction is punishable by up to nine months in jail. Second-offense drunk drivers who had a BAC of .20 percent or greater can be sentenced to up to one year in jail.

A third DUI / DWI arrest is punishable by up to one year in jail regardless of the timing of prior convictions or the driver’s BAC.

If the drunk driving arrest involves an accident or injury, or the driver is arrested for DUI / DWI after three prior drinking and driving convictions, the motorist will likely be charged with a felony, and the motorist’s exposure to jail time increases substantially. A driver convicted of a fourth-time felony DUI / DWI offense faces up to five years in jail along with a host of other punishment.