Understanding DUI Charges in Florida: Penalties, Defenses, and Your Options

DUI in Florida: More Than Just a Ticket

Driving Under the Influence (DUI) is a serious criminal offense in Florida with immediate and long-term consequences. A conviction can result in jail time, heavy fines, license revocation, and a permanent criminal record that cannot be sealed or expunged.

Legal Limits and Implied Consent

In Florida, you are DUI if your Blood Alcohol Content (BAC) is .08% or higher, OR if your "normal faculties are impaired" by alcohol or drugs. Under "Implied Consent" laws, by driving in Florida, you agree to submit to approved chemical tests (breath, blood, urine) if lawfully arrested. Refusal leads to an automatic 1-year license suspension for a first offense.

Penalties Breakdown

• First Conviction: Fines $500-$1,000; up to 6 months jail; license revocation 6 months to 1 year; DUI school; probation.
• Second Conviction: Higher fines; up to 9 months jail; mandatory ignition interlock device. If within 5 years of first, mandatory 10 days jail.
• Third Conviction: Can be charged as a 3rd-degree felony if within 10 years of prior conviction. Up to 5 years prison.

Common Defenses

A skilled DUI attorney can challenge various aspects of the state's case:

• The Stop: Was there valid reasonable suspicion to pull you over?
• The Field Sobriety Tests: Are they accurate? Did weather, medical conditions, or footwear affect performance?
• The Breathalyzer: Was the machine properly calibrated? Was the operator certified? Was the 20-minute observation period observed?
• Rising Blood Alcohol: Was your BAC actually below the limit while driving but rose by the time of testing?

The 10-Day Rule

You only have 10 days from the date of arrest to request a formal review hearing to fight the administrative suspension of your license. Do not wait.

Conclusion

Don't let one mistake define your future. We aggressively defend DUI cases to reduce charges (to "Wet Reckless") or seek dismissal whenever possible.