First Offense DUI

First Offense DUI Defense in Pensacola

Addressing the Charge & Your Driving Privileges

A first arrest for DUI can trigger two separate proceedings: a criminal prosecution and an administrative suspension of driving privileges. Michael J. Griffith, P.A. addresses both from the beginning, explaining the immediate deadlines, evidence, and decisions involved in each.

We’ve represented individuals throughout the Florida Panhandle since 1990. Michael J. Griffith brings more than 40 years of experience across criminal, civil, and family law cases. We also communicate with clients in Spanish and French.

Call (850) 495-7977 promptly after a DUI arrest in Pensacola to discuss the charge, the licensing proceeding, and your legal options.

What to Do After a First-Time DUI Arrest

Florida generally gives a driver 10 calendar days after an arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews. Missing that deadline can result in an automatic administrative license suspension. Because this proceeding is separate from the criminal case, defending the charge alone doesn’t resolve the licensing issue.

Florida’s implied consent law treats driving on the state’s roads as advance consent to breath, urine, or blood testing after a lawful DUI arrest. Under Trenton’s Law, effective October 1, 2025, a first breath-test refusal is also a second-degree misdemeanor and carries a one-year administrative suspension. We examine what the officer requested, how the request was communicated, and what occurred afterward.

How We Investigate a First-Offense DUI Case

Our process begins with a detailed intake covering the traffic stop, roadside investigation, requested testing, release conditions, and immediate concerns about driving privileges. We listen to the client’s account before developing a strategy based on the known facts and objectives.

Once retained, we request discovery, the evidence the prosecution intends to use, and investigate the materials produced. This review may cover reports, recordings, test documentation, and other evidence connected to the stop and arrest.

Our investigation can include:

Breath-test evidence: We review the reported results and the circumstances surrounding the test.
Calibration and maintenance records: We examine records associated with the breath-testing instrument.
Officer training records: We evaluate documented training relevant to the investigation and testing procedures.

Get Guidance on the Deadlines Ahead

An early review allows us to identify the proceedings involved and explain the available choices. As the evidence develops, we keep clients informed and provide practical advice based on the specific facts.

Call (850) 495-7977 to discuss your first-offense DUI charge, immediate licensing deadline, and potential next steps.

Florida Penalties for a First DUI

Florida Statute 316.193 defines driving under the influence as driving or being in actual physical control of a vehicle while normal faculties are impaired or while having a blood or breath alcohol level of 0.08 or higher. Depending on the circumstances, actual physical control can apply even when the vehicle isn’t moving.

A first DUI conviction can carry a fine of $500 to $1,000 and up to six months of imprisonment. If the blood or breath alcohol level was 0.15 or higher, or if a minor was in the vehicle, the fine increases to $1,000 to $2,000 and imprisonment can extend to nine months.

Additional consequences of a first conviction may include:

Probation for up to one year.
At least 50 hours of community service or participation in a community work project.
A 10-day vehicle impoundment or immobilization period, subject to the statutory family-transportation exception.

The applicable penalties depend on the charge, evidence, aggravating circumstances, and final disposition. An arrest isn’t a conviction, so we evaluate the prosecution’s evidence before advising a client about possible resolutions or trial.

First-Offense DUI Proceedings in Escambia County

DUI criminal cases in Escambia County are handled at the M. C. Blanchard Judicial Center within Florida’s First Judicial Circuit. A case can involve court hearings, discovery, resolution discussions, motions, and potentially a trial. Its path and timing depend on the evidence, disputed legal issues, court schedule, and decisions made by the accused.

The administrative license suspension follows a separate process through the Bureau of Administrative Reviews, with its own issues and deadlines. A result in one proceeding doesn’t automatically determine the outcome of the other.

The Long-Term Effect of a DUI Record

Florida law generally doesn’t allow a DUI conviction to be sealed or expunged, meaning removed or restricted from ordinary public access. The record typically remains publicly accessible. Relief may be possible when a case concludes without a DUI conviction, but eligibility depends on the disposition and applicable record-sealing or expungement rules.

A conviction for DUI also doesn’t prevent an injured person from filing a separate civil lawsuit for damages against the person convicted. The criminal case, licensing matter, and any civil claim are distinct proceedings with different standards and legal issues.

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"Mr. Griffith is the one to call!"
Mr. Griffith, Cheryl, and their entire team stood by me and fought for me during the two most difficult years of my life. He is compassionate and truly cares about his clients. His ability to pair his vast knowledge of the law with incredible intuition makes him a master of his craft. I will never be able to thank him enough for giving me my life back. If you find yourself in need of someone to fight for you and winning is the only option, Mr. Griffith is the one to call. Trust him, be patient, and don't get discouraged. It is difficult but he can and will make it happen.

- Former Client
"Thank goodness for Michael!"
What a professional!! A young person, for whom I care dearly, made a mistake that could have landed him in prison for five years, with a felony on his record to boot. Needless to say, we were distraught and needed the very best attorney we could find in the Pensacola area...that was Michael Griffith. Michael certainly knows what he is doing and his staff kept me informed all along the way with letters of upcoming court dates and full disclosure of all materials pertaining to the case. He was always available for discussion of the case, either immediately or with a timely returned call. If you're looking for an attorney who fully understands the legal system and how to handle a client's case for the best outcome, that's Michael. In the end, with Michael's skilled negotiations, the felony was reduced to a misdemeanor and the young person was given the option of probation or to serve a short sentence and have no probation. It was a totally unbelievable outcome, considering the result that could have been. Now this young person, who has realized how close he came to ruining his life, still has a chance to be successful with all doors open to him. All I can say is thank goodness for Michael!

- Diane
"This man works miracles!"
Michael Griffith is by far the best attorney you could get to represent you. He genuinely cares about each and every client he represents and coming from someone that works in the legal profession, know that is something hard to find in an attorney. Trust him and the processes of his office. If you have questions he is only a phone call away and always returns calls within 24 hours. It is truly remarkable to see an attorney care about his clients' futures and well being the way Michael Griffith does. He got me results better than anything I could have ever expected because of the hard work and knowledge his office puts in. If you hire Michael Griffith, do so knowing you have the best possible representation and will get the best possible outcome for your particular case. This man works miracles!

- Kelci
"Amazing work!"
Mr. Griffith is a true monster in the courtroom. Saved my son twice, from ruining his future. He is worth every penny. Believe in what he does. He has your best interest at heart. Just don't call him every five days. He already has your case figured out the first time you are in his office. He just won't tell you because, he doesn't want you messing it up. Just listen to him, show up to court, and enjoy the show. Wish you could live forever brother. The work you do is amazing. Thanks again Mr. Griffith.

- Yuki
"Absolutely amazing!"
Mr. Griffith was absolutely amazing and one of the sweetest, most professional people I have met in Pensacola. I was charged with a felony and Mr. Griffith helped me get my felony completely dropped from my record. He is very personal and treats you like a human being rather than just another client who has made a mistake. I DEFINITELY RECOMEND Micheal J. Griffith!

- Lauren
"Worth every penny!"
Great, experienced attorney. Delivered beyond our expectations and saved our son by getting him a second chance. Worth every penny! We visited other so called criminal attorneys who just gave us lip service and wanted the cash. We highly recommend Mr. Griffith.

- L.H.
"He went above and beyond for me!"
Michael Griffith is hands down the best attorney. I had traveled to Pensacola from out of state and unfortunately got into some legal trouble. I was able to reach attorney Griffith on a Sunday and get in to see him the following Monday. He went above and beyond for me, stayed in touch with me as I had to return to my home state. He was constantly updating me and always asking if I had any questions. He fought hard on my case and the outcome was far better than I expected.

- Amanda
"Had my best interest in mind."
I've used this attorney for years and I always feel that he has my best interest in mind at all times and the complete staff is professional and polite.

- B.G.

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Why Choose Michael J. Griffith, P.A.?

Attorney Griffith levels the playing field with his extensive experience, skills, and client service

Over 50 Years of Experience
Proven Track Record of Success
Admitted to the U.S. Supreme Court
Passionate About Fighting for Those in Need

Hard-Hitting Advocacy

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