Being arrested for a DUI in Florida can be one of the most stressful and confusing experiences of your life. You may feel overwhelmed, embarrassed, or even hopeless. You might be worried about losing your driver’s license, facing steep fines, or even spending time in jail. You may also be concerned about how a conviction could affect your job, your family, your reputation, and your future.
As a Florida DUI lawyer who has helped many people in situations just like yours, I want you to know that you are not alone. You do not have to face the system without guidance. Florida’s DUI laws are strict, but they are also complex; and with the right legal defense, it is often possible to reduce charges, minimize penalties, or in some cases, even have your case dismissed.
If you’re facing a DUI charge in Florida, call 1-888-839-4384 or use our online contact form for a free consultation with an experienced Florida DUI lawyer today!
This article will explain what a DUI in Florida means, the penalties you could face, the defenses that may apply, and why working with an experienced Florida DUI attorney is one of the most important decisions you can make after an arrest.
What Is a DUI in Florida?
DUI stands for “Driving Under the Influence.” Under Florida Statute §316.193, you can be charged with DUI if you are driving or in actual physical control of a vehicle while:
- Your blood alcohol concentration (BAC) is 0.08% or higher, or
- Your normal faculties are impaired by alcohol, controlled substances, or certain medications.
It is important to understand that you can be arrested for a DUI in Florida even if your BAC is below 0.08%, so long as the police officer believes your ability to operate the vehicle safely is impaired.
This means that even a small amount of alcohol, prescription medication, or illegal drugs in your system could lead to an arrest if the police believe you are not in full control of your faculties.
Penalties for a DUI in Florida
The penalties for a DUI in Florida vary depending on your blood alcohol level, prior DUI offenses, and whether there were aggravating factors like accidents, injuries, or minors in the vehicle.
Here is an overview of potential consequences for a DUI in Florida:
| DUI Offense | Fines | Jail/Probation | License Suspension | Additional Penalties |
| First DUI (BAC .08 – .149) | $500 – $1,000 | Up to 6 months jail, up to 1 year probation | 6 months license suspension | 50 hours community service, DUI school, vehicle impoundment (10 days) |
| First DUI (BAC .15+ or minor in vehicle) | $1,000 – $2,000 | Up to 9 months jail | 6 – 12 months suspension | Ignition interlock device (IID) for at least 6 months |
| Second DUI (within 5 years) | $1,000 – $2,000 | Up to 9 months jail (mandatory 10 days if within 5 years) | 5 years license revocation | IID for at least 1 year, community service, probation |
| Third DUI (within 10 years) | $2,000 – $5,000 | Mandatory 30 days in jail (up to 12 months) | 10 years license revocation | IID for at least 2 years |
| Fourth DUI (any time) | Minimum $2,000 | Up to 5 years in prison (felony) | Permanent revocation | IID, loss of driving privileges, felony record |
| DUI with Injury | $1,000 – $5,000 | Up to 5 years prison (third-degree felony) | 3+ years suspension | Restitution to victims |
| DUI Manslaughter | Up to $10,000 | Up to 15 years prison (first-degree felony if hit and run: up to 30 years) | Permanent revocation | Mandatory minimum prison term |
Aggravating Factors in a Florida DUI Case
Certain circumstances can make the consequences of a DUI in Florida even more severe. These are known as aggravating factors and can elevate a misdemeanor DUI to a felony charge:
- High BAC (.15% or higher)
- DUI with a minor in the vehicle
- Causing an accident that results in property damage, injury, or death
- Multiple prior DUI convictions
- Driving with a suspended or revoked license
If any of these apply to your case, it is even more important to work with a DUI lawyer in Florida who understands how to fight for the best possible outcome.
Florida’s Implied Consent Law
When you drive on Florida roads, you automatically give “implied consent” to submit to a breath, blood, or urine test if law enforcement suspects you of driving under the influence. Refusing these tests can result in serious consequences:
- First refusal – 1-year license suspension
- Second or subsequent refusal – 18-month license suspension and possible misdemeanor charges
Even if you believe you are under the legal BAC limit, refusing a test may make your situation more complicated. A Florida DUI lawyer can review whether the officer followed proper procedure and whether the refusal was lawful.
What to Do After a DUI Arrest in Florida
If you’ve been arrested for a DUI in Florida, here are the immediate steps you should take:
- Stay Calm and Cooperative: Arguing with officers or resisting arrest can make matters worse.
- Exercise Your Rights: You have the right to remain silent and the right to an attorney. Use them.
- Request a DMV Hearing Within 10 Days: This is critical to fight your license suspension.
- Hire a Florida DUI lawyer quickly: The earlier you involve a DUI defense attorney, the stronger your defense will be.
- Follow Court Orders: Attend all hearings, complete any required classes, and comply with bond conditions.
Why You Need a Florida DUI Attorney
After being arrested for a DUI in Florida, you may wonder whether you really need a lawyer. You might think you can handle it on your own, or that hiring a Florida DUI lawyer is too expensive. But the truth is, the stakes are simply too high to take that risk.
Here’s why hiring an experienced DUI lawyer in Florida is essential:
- Protecting Your License: You only have 10 days to request a hearing to challenge your driver’s license suspension. A DUI defense lawyer can file the request immediately and fight for your driving privileges.
- Negotiating with Prosecutors: A Florida DUI attorney can often negotiate for reduced charges, such as reckless driving, or secure alternatives to jail like probation or treatment programs.
- Building a Strong Defense: From analyzing the breathalyzer machine’s maintenance records to cross-examining the arresting officer, a skilled criminal defense attorney knows how to expose weaknesses in the prosecution’s case.
- Minimizing Penalties: Even if a DUI conviction cannot be avoided, an attorney may be able to negotiate reduced fines, community service in place of jail time, or limited driving privileges so you can still get to work.
- Guidance and Support: Beyond the courtroom, a criminal defense lawyer helps you understand each step of the process, alleviates stress, and gives you confidence that you are not facing this challenge alone.
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Florida’s DUI Legal Process
After being arrested for a DUI in Florida, the legal process begins almost immediately. Here’s what you can generally expect:
- The Arrest
If an officer suspects impairment, they may conduct field sobriety tests or request a breath test. Refusing the test can result in an immediate administrative license suspension under Florida’s implied consent law. - Driver’s License Suspension
If you blow over 0.08% BAC, or if you refuse a breath, blood, or urine test, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will automatically suspend your driver’s license. This suspension can last six months for a first offense with a failed test, and one year for a refusal. You have only 10 days from the date of arrest to request a formal review hearing to challenge the suspension. - Arraignment
At your arraignment, you will be formally charged and asked to enter a plea of guilty, not guilty, or no contest. This is a critical point to have a DUI lawyer in Florida on your side to help you decide the best course of action. - Pre-Trial and Motions
Your attorney may file motions to suppress evidence, such as challenging the legality of the traffic stop, the validity of the field sobriety tests, or whether the breathalyzer was properly calibrated and administered. - Trial or Negotiated Resolution
Some DUI cases go to trial, while others are resolved through plea agreements that can reduce penalties or even result in a non-DUI disposition.
Defenses a DUI Lawyer in Florida Can Use
Every DUI case is unique, and a skilled Florida DUI attorney will carefully examine the evidence to determine the best defense strategy. Some of the most common drunk driving defenses include:
- Challenging the Traffic Stop
Police must have reasonable suspicion to stop your vehicle. If they lacked legal justification, evidence gathered afterward may be suppressed. - Questioning Field Sobriety Tests
These tests are often unreliable. Factors like medical conditions, fatigue, nervousness, or even the type of footwear you were wearing can affect your performance. - Breathalyzer Issues
Breath testing devices must be properly calibrated and maintained according to Florida Department of Law Enforcement (FDLE) standards. If the machine was not functioning properly or the officer was not certified, the results may be thrown out. - Challenging Blood and Urine Tests
Blood draws must follow strict procedures. Improper storage, contamination, or lack of a proper warrant can invalidate results. - Rising Blood Alcohol Defense
Alcohol takes time to absorb into the bloodstream. You may not have been over the legal limit while driving, but only tested above the limit later when the alcohol was fully absorbed. - Medical Explanations
Certain medical conditions such as diabetes, hypoglycemia, GERD, or neurological disorders can mimic signs of impairment or produce false positives on breath tests.
The Role of a Florida DUI Lawyer in Court
When you hire a DUI lawyer in Florida, their job is to protect your rights and aggressively pursue the best possible resolution. Some of the ways I assist my clients include:
- Investigating the stop and arrest to determine if your constitutional rights were violated.
- Reviewing evidence such as dashcam or bodycam footage, witness statements, and chemical test results.
- Filing motions to suppress illegally obtained evidence.
- Challenging police testimony during cross-examination at hearings or trial.
- Exploring alternatives such as pre-trial diversion programs or reduced charges.
- Advocating for leniency in sentencing, including community service, probation, or treatment programs instead of jail.
How a Florida DUI Lawyer Can Help Protect Your Future
My role as your attorney goes beyond the courtroom. When you hire me as your Florida DUI lawyer, I will:
- Listen carefully to your story so I understand exactly what happened.
- Review the evidence to look for weaknesses in the State of Florida’s case.
- Fight to protect your driver’s license so you can maintain your independence and livelihood.
- Negotiate with prosecutors to pursue reduced charges or alternative sentencing.
- Defend you in court if your DUI case goes to trial.
- Support you personally throughout the process, answering your questions and making sure you never feel alone.
I know how much is at stake when you are facing a DUI in Florida. My job is to protect your rights, your license, and your future.
How to Choose the Right Florida DUI Attorney
Finding the right lawyer is one of the most important steps you can take after a DUI arrest. Here are a few things I recommend looking for when choosing a Florida DUI lawyer:
- Experience with DUI Cases: Not every criminal defense attorney focuses on DUI law. You need someone who handles DUI cases regularly and understands Florida’s specific laws and procedures.
- Knowledge of Local Courts: Every county in the State of Florida has its own judges, prosecutors, and procedures. Hiring a local DUI lawyer in Florida ensures you have someone who understands the local court system.
- Proven Track Record: Ask about case results. Has the attorney successfully defended DUI cases similar to yours?
- Communication: You should feel comfortable talking with your lawyer and confident they are keeping you informed.
- Personalized Approach: No two DUI cases are alike. A good Florida DUI defense attorney will tailor a defense strategy to your unique circumstances.
The Hidden Costs of a DUI Conviction
Many people focus only on the fines and possible jail time, but the true cost of a DUI in Florida goes much deeper. A DUI conviction can affect almost every area of your life:
- Increased Insurance Premiums: After a DUI, you will likely need to file an FR-44 form with the state, which requires you to carry higher levels of car insurance. This can triple or quadruple your rates for years.
- Employment Issues: Some employers conduct background checks and may view a DUI conviction negatively. For those with commercial driver’s licenses (CDLs), a DUI can be career-ending.
- Professional Licenses: Nurses, teachers, military members, and other licensed professionals can face disciplinary action or loss of licensure after a DUI conviction.
- Travel Restrictions: Certain countries, such as Canada, may deny entry to those with a DUI conviction.
- Personal Impact: Beyond legal penalties, many people face stigma, strained relationships, and financial stress after a DUI.
Long-Term Consequences of a DUI Conviction
While the immediate penalties are harsh, the long-term impact of a DUI conviction in Florida can be even more damaging. These include:
- Criminal Record: A DUI in Florida will remain on your record for 75 years and cannot be sealed or expunged.
- Employment Barriers: Certain employers may be reluctant to hire someone with a DUI conviction.
- Housing and Education: Background checks for housing or college applications may reveal your DUI.
- Financial Strain: Between fines, fees, insurance increases, and possible job loss, the financial burden can be overwhelming.
A knowledgeable DUI lawyer in Florida will fight to help you avoid these lasting consequences whenever possible.
Common Questions About DUI in Florida
Florida DUI laws are complex, and as such, we get asked a lot of questions with each case we take on. Some of the most commonly asked questions about a DUI in Florida include:
Will I go to jail for a first DUI?
Jail time is possible, especially if your BAC was 0.15% or higher, if you had a minor in the vehicle, or if you caused an accident. However, with the help of a skilled Florida DUI attorney, many first-time offenders are able to avoid jail time.
How long will a DUI stay on my record?
In Florida, a DUI conviction remains on your driving record for 75 years and cannot be expunged or sealed. This is why it’s so important to fight the charge from the start. If you can reduce the charges, then you have many options for sealing and expunging.
Can I get a hardship license after a DUI?
Yes. In many cases, you may be eligible for a business purposes only (BPO) license, which allows you to drive to work, school, or medical appointments during your suspension. Your Florida DUI lawyer can guide you through this process.
What happens if I refuse a breath test?
Under Florida’s implied consent law, refusing a breath test leads to an automatic license suspension; one year for a first refusal, and 18 months for a second. A refusal can also be used as evidence against you in court.
Should I plead guilty to a DUI?
Never plead guilty without first speaking to a DUI lawyer in Florida. There may be defenses available that you are unaware of, and pleading guilty can have long-term consequences that extend beyond fines or jail time.
Talk To An Experienced DUI Lawyer in Florida Today
A DUI arrest does not define who you are, but how you respond to it matters. The penalties for a DUI in Florida are serious, but with the right defense, it is possible to reduce the impact on your life. Whether it’s fighting to keep your license, challenging the evidence against you, or negotiating for a reduced charge, having an experienced DUI lawyer in Florida by your side can make all the difference.
If you or someone you love has been arrested for a DUI, do not wait. The clock starts ticking the moment you are arrested, and you only have 10 days to act to protect your license. Reach out to a trusted Florida DUI defense attorney today to discuss your options and begin building a defense.
If you’d like to learn more about the Florida DUI lawyers at Drunk Driving Defense, read some of our articles below or call 1-888-839-4384 for a free consultation with a top rated DUI defense attorney near you in Florida now!
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