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.