First DUI Offense In Florida
Daytona Beach First DUI Defense Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Getting arrested for DUI for the first time is frightening.
For many people, it is the first time they have ever been arrested.
The experience can be overwhelming.
Questions begin immediately.
Will I go to jail?
Will I lose my driver’s license?
Will I have a criminal record?
Can I keep my job?
Should I plead guilty?
What happens next?
The good news is that being arrested for DUI does not mean you will be convicted.
Many first-time DUI cases involve defenses, weaknesses in the evidence, and opportunities to challenge the State’s case.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with first-offense DUI throughout Daytona Beach, Port Orange, Ormond Beach, New Smyrna Beach, DeLand, Palm Coast, Volusia County, Flagler County, and throughout Central Florida.
What makes our firm different is Patrick’s background.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, police instructor, traffic homicide investigator, and homicide detective.
He understands DUI investigations because he conducted them.
Today, he uses that experience to help clients fight DUI charges and protect their futures.
What Is A First DUI Offense?
In Florida, a first DUI offense generally means a person has not previously been convicted of driving under the influence.
A person may be charged with DUI if the State alleges:
- The person was driving or in actual physical control of a vehicle; and
- The person’s normal faculties were impaired by alcohol or drugs; or
- The person’s breath or blood alcohol level was .08 or higher.
The State must prove its case beyond a reasonable doubt.
An arrest alone is not enough.
A DUI Arrest Is Not A Conviction
Many people mistakenly assume there is no defense because:
- They were arrested.
- They blew over the legal limit.
- They performed poorly on field sobriety exercises.
None of these facts automatically result in a conviction.
Every DUI case should be carefully reviewed.
Potential issues may include:
- Illegal traffic stops
- Improper DUI investigations
- Faulty field sobriety exercises
- Breath test issues
- Medical conditions
- Constitutional violations
The facts matter.
The evidence matters.
The investigation matters.
What Happens After A DUI Arrest?
Most first-time DUI cases follow a similar process.
Arrest
The driver is arrested and processed.
Driver’s License Suspension
The arrest may trigger an administrative suspension of driving privileges.
Court Proceedings
The case proceeds through the criminal court system.
Discovery
Evidence is obtained and reviewed.
Motions
Legal challenges may be filed.
Negotiations Or Trial
The case may be resolved through negotiation or proceed to trial.
Every case is unique.
Will I Lose My Driver’s License?
Possibly.
Florida’s DUI laws include administrative driver’s license suspensions.
The consequences depend upon factors such as:
- Breath test results
- Refusal allegations
- Prior history
In many cases, immediate action is necessary to preserve important rights.
Failure to act quickly may limit available options.
Related Page:
DUI License Suspension Defense
Penalties For A First DUI Conviction
The specific penalties depend upon the facts of the case.
Potential consequences may include:
Fines
Court-ordered fines may be imposed.
Probation
Many first-offense cases involve probationary supervision.
Community Service
Community service hours may be required.
DUI School
Educational programs are often mandatory.
Driver’s License Suspension
Driving privileges may be suspended.
Vehicle Impoundment
In some circumstances, vehicle impoundment may be required.
Jail
Although many first offenders do not serve significant jail time, incarceration remains a possible penalty.
The stakes are real.
That is why a careful defense is important.
How DUI Investigations Are Conducted
Most DUI arrests follow a familiar pattern.
Initial Observation
An officer observes alleged driving behavior.
Examples may include:
- Weaving
- Speeding
- Improper lane changes
- Traffic violations
Traffic Stop
The officer initiates a stop.
Driver Contact
The officer observes:
- Speech
- Balance
- Coordination
- Odor of alcohol
- Physical appearance
Field Sobriety Exercises
The officer may request field sobriety exercises.
Breath Testing
A breath sample may be requested.
Arrest
The officer decides whether probable cause exists for arrest.
Each stage of the investigation may present opportunities to challenge the State’s evidence.
Field Sobriety Exercises Are Not Perfect
Many people believe field sobriety exercises are scientific tests.
They are not.
These exercises involve human judgment.
Performance can be affected by:
- Age
- Weight
- Fatigue
- Anxiety
- Medical conditions
- Physical injuries
- Environmental conditions
Even completely sober individuals may perform poorly.
Related Page:
Breath Tests Are Not Infallible
Breath testing devices are sophisticated instruments.
However, they are not perfect.
Potential issues may involve:
- Calibration problems
- Maintenance issues
- Operator errors
- Radio frequency interference
- Medical conditions
- Observation period violations
Every breath test result should be carefully evaluated.
Related Page:
DUI Refusal Cases
Some drivers refuse breath testing.
Refusal cases create their own legal and evidentiary issues.
Questions often arise regarding:
- Implied consent warnings
- License suspensions
- Admissibility of refusal evidence
- Constitutional issues
Related Page:
Common Defenses To First DUI Charges
Every case is different.
Potential defenses may include:
Illegal Traffic Stop
If the officer lacked a lawful basis for the stop, evidence may be suppressed.
Lack Of Probable Cause
An arrest requires probable cause.
When probable cause is lacking, legal challenges may be available.
Faulty Field Sobriety Exercises
Improperly administered exercises may undermine the State’s case.
Breath Test Challenges
Breath test evidence may be subject to attack under the appropriate circumstances.
Medical Conditions
Certain medical issues may mimic signs of impairment.
Insufficient Evidence
The State must prove impairment beyond a reasonable doubt.
Sometimes it cannot.
What Should I Do After A DUI Arrest?
Remain Calm
A DUI arrest is serious, but it is not the end of the world.
Follow Court Requirements
Appear for all court dates and comply with court orders.
Preserve Evidence
Save:
- Receipts
- Photographs
- Witness information
- Medical records
Avoid Discussing The Case
Statements made to friends, coworkers, and on social media may later become evidence.
Consult A DUI Defense Attorney
Early intervention often provides the greatest opportunity to protect important rights.
Frequently Asked Questions
Will I Go To Jail For My First DUI?
Many first offenders do not receive significant jail sentences.
However, every case is different and jail remains a possible consequence.
Can A First DUI Be Dismissed?
Some DUI cases are dismissed.
Others result in reduced charges, negotiated resolutions, or acquittals at trial.
The outcome depends on the facts and evidence.
Should I Plead Guilty To A First DUI?
You should fully understand the evidence, defenses, and consequences before making any decision.
Can I Get A Hardship License?
In many cases, drivers may qualify for hardship driving privileges.
Eligibility depends upon the circumstances.
How Long Will A DUI Stay On My Record?
DUI convictions can have long-lasting consequences.
Because of these consequences, it is important to thoroughly evaluate all available defenses.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have conducted DUI investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most lawyers learn DUI investigations from police reports.
Patrick participated in them.
That experience provides valuable insight into how DUI cases are built and how they can be challenged.
A Career Dedicated To Investigating The Facts
Every DUI arrest raises important questions.
Was the stop lawful?
Were the exercises properly administered?
Was the breath test accurate?
Was probable cause present?
Patrick has spent decades evaluating evidence and investigating those issues.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every DUI defense case today.
Contact A Daytona Beach First DUI Defense Lawyer
A first DUI arrest can affect your driver’s license, employment, reputation, and future.
Do not assume there is no defense.
Do not assume the State’s evidence is correct.
Do not make decisions before understanding your options.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach DUI defense lawyer can help protect your rights and your future.
Related DUI Resources
🚔 DUI License Suspensions
Learn what happens to your driver’s license after a first DUI arrest and how Florida’s 10-day rule works.
🪪 Hardship License After A DUI
Discover whether you can continue driving for work, school, or essential purposes after a DUI arrest.
❌ Refusal To Submit To Breath Testing
Understand the consequences of refusing a breath test and how refusal cases are defended.
🧪 Breath Test Defense
Learn how breath test results are challenged and why a breath reading does not automatically mean a conviction.
🚶 Field Sobriety Exercises
Understand the roadside exercises used during DUI investigations and why many sober people struggle with them.
👁️ Horizontal Gaze Nystagmus (HGN) Test
Learn how the DUI eye test works and why officers frequently rely upon it when making arrests.
🔍 Roadside DUI Investigations In Florida
Discover what officers look for during a DUI stop and how roadside investigations are conducted.
🛑 Motion To Suppress DUI Evidence
Learn how illegal stops, searches, and detentions can result in critical evidence being excluded.
⚖️ DUI Jury Trial Defense
Understand what happens when a DUI case goes to trial and how juries evaluate DUI evidence.
🏆 How To Beat A DUI In Florida
Explore the defenses commonly used to challenge DUI charges in Florida courts.