Worried about going to jail after a DUI arrest in Florida? You’re not alone — but the truth is, many people don’t go to jail for a first or even second DUI, especially when they have an experienced defense lawyer on their side early.
Whether you were arrested in Fort Lauderdale or anywhere in Broward County, here’s how we fight to keep our clients out of jail — and off the sentencing track entirely.
🧑⚖️ Florida DUI Laws Allow Jail — But Don’t Require It
✅ 3 Ways to Stay Out of Jail After a DUI Arrest
At Michael White, P.A., we focus on early intervention, evidence suppression, and negotiation to keep you out of jail. Here’s what works
1. Challenge the Stop or Test Results
Under Florida law, jail is possible for:
First DUI (up to 6–9 months if BAC > .15 or minor in car)
Second DUI (mandatory 10 days if within 5 years)
Third DUI (possible felony with up to 5 years)
But prosecutors don’t always push for jail — and judges have discretion when you have mitigating evidence, no criminal record, or a strategic legal defense.
If we can get the breath test, field sobriety exercises, or even the arrest itself thrown out, the entire case may fall apart.
No 20-minute observation period?
Medical or metabolic condition?
These are real issues we raise every week in Broward DUI courts.
🔗 Related: Florida DUI Breath Test
🔗 Related: 20-Minute Observation Rule
2. Negotiate a Reckless Driving Plea
We regularly negotiate DUIs down to reckless driving with withhold of adjudication — especially for:
First-time offenders
Borderline BAC (.08–.10)
No crash, no minors, no injuries
This keeps jail off the table and makes the case eligible for sealing later
3. Present Strong Mitigating Factors
Judges and prosecutors take voluntary steps seriously:
DUI school or outpatient treatment
Proof of employment, community ties
No prior criminal history
Personal letter of remorse or family hardship
We use this to secure probation instead of jail, or alternatives like community service or SCRAM monitoring.
📍 Facing Jail for a DUI in Florida? Let’s Build a Defense That Works
At Michael White, P.A., we’ve helped countless clients walk out of court without jail time — even when prosecutors asked for it.
Whether your DUI was a mistake, a misunderstanding, or part of a bigger personal struggle — we’re here to help you protect your freedom.
📘 DUI Jail Time FAQs in Florida
❓ Is jail mandatory for a first DUI in Florida?
No. Jail is possible but not required. With early legal help, many first-time offenders avoid incarceration.
❓ Can I go to jail for refusing the breath test?
Not usually — but refusal can lead to license suspension and may affect your case if you have prior refusals.
❓ What are my chances of getting DUI reduced to reckless driving?
If your BAC was borderline and no one was injured, your chances are good — especially with no prior offenses.
❓ Can I avoid jail by going to DUI school or rehab?
Yes. Voluntary enrollment can be used as a bargaining tool to show responsibility and avoid harsher penalties.
❓ Do I need a lawyer to stay out of jail?
Absolutely. Without a lawyer, you risk harsher sentencing and lose the leverage needed to negotiate.