Yes, jail is a possibility on a first DUI in Florida, regardless of whether there was property damage. On a first DUI without property damage, you are facing 6 or 9 months depending on the breath alcohol level. However, if there is property damage, that figure jumps up to 1 year in jail since Florida then explicitly classifies the crime as a first degree misdemeanor.
The fact that you did not hurt anyone does not reduce the potential exposure to jail. However, a DUI with property damage does not require that jail be imposed, only that a judge COULD sentence you up to 1 year in jail if he or she deems it appropriate.
Harris W GilbertCriminal Defense AttorneyMiami, FL ·
On a 1st DUI you face a maximum of 180 days in jail. However, we have been very successful in keeping our 1st time DUI clients out of jail by obtaining a dismissal, breakdown to a lesser change or a plea to probation.
tephen George CobbDUI / DWI AttorneyShalimar, FL ·
The last DUI with an accident I handled two counties over had a plea offer of 6 months in the county jail as the first offer out of the box. In Pensacola, it depends on a variety of factors, including which of the five divisions, which prosecutor and all of the facts.