You will probably go to jail for at least eight to 12 hours. Many times a person is taken to the jail for a breath test, whether they have been formally arrested or not. Under Florida law, a person arrested for DUI must be held at least eight hours before release, unless they are no longer intoxicated, their faculties are no longer impaired, or they have a BAC (blood alcohol content) less than .05.
If you lose your case at trial or enter a plea, it is possible that you will be sentenced to jail. The amount of jail you serve, if any at all, is up to the sentencing judge, and these are some guidelines:
A first time DUI is punishable by up to six months in a county jail.
A second DUI is punishable by up to nine months in a county jail. If it is a second offense within five years there is a MANDATORY 10-day jail sentence that must be imposed.
A third DUI is punishable by up to one year in jail. A third offense within 10 years carries with it a MANDATORY 30-day jail sentence that must be imposed.
A fourth DUI is considered a felony and substantial jail or prison time may be imposed.
If you are charged with refusing a breath test, you may face up to one year in jail.
If your breath test “blow” measures over .15, the maximum jail time may be extended by up to three months.
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