DUI Charges in Florida
A DUI in Florida is a criminal charge and a license problem at the same time. I defend DUI cases in Hillsborough, Pinellas and Pasco counties.
What does the State have to prove in a DUI case?
Under s. 316.193, the State must prove you were driving or in actual physical control of a vehicle and that you were under the influence of alcohol, a chemical substance, or a controlled substance to the extent your normal faculties were impaired, or that your blood or breath alcohol level was 0.08 or more. Impairment and a 0.08 reading are separate routes, and each can be challenged.
What are the penalties for a DUI in Florida?
First conviction: a fine of $500 to $1,000 and up to 6 months in jail, probation of up to 1 year, 50 hours of community service, DUI school, and a court-ordered license revocation of at least 180 days and up to a year. A blood or breath level of 0.15 or higher, or a minor in the vehicle, raises the fine to $1,000 to $2,000 and the jail exposure to 9 months.
Second conviction: a fine of $1,000 to $2,000 and up to 9 months in jail, and a mandatory ignition interlock device for at least a year. If it falls within 5 years of the first conviction, the law requires at least 10 days in jail and a longer license revocation.
Third conviction: within 10 years of a prior conviction it is a third-degree felony. After 10 years it is a misdemeanor with a fine of $2,000 to $5,000 and up to 12 months in jail.
Fourth or later: a felony, however far apart the convictions are.
A DUI with serious injury is a felony, and a death can be charged as DUI manslaughter.
What happens to my license after a DUI arrest?
Separate from the criminal case, your license can be suspended at the time of arrest. A breath or blood result of 0.08 or more means a 6-month suspension for a first offense. Refusing a test means a 1-year suspension for a first refusal. Refusing a breath or urine test is also a separate crime: a second-degree misdemeanor for a first refusal. You have 10 days from the date of the notice to request a hearing. Drivers under 21 face a separate 6-month suspension at 0.02 or more, even without a DUI charge.
What defenses are there to a DUI charge?
Whether the stop was lawful. Whether the officer had a real reason to order field sobriety exercises. Whether the breath machine was maintained and the test given correctly, including the 20-minute observation period. Medical conditions, fatigue, footwear and road surface. What the body camera and dash camera show.
How I Handle These Cases
I have practiced criminal defense in the Tampa Bay area for 28 years. In a DUI case I look at the stop, the testing and the video, and I handle both the criminal case and the license. The consultation is free. Call me at 813-228-6001 or email me.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
What should I bring to the consultation?
Bring whatever paperwork you have: the citation, the paper permit that replaced your license, any bond or release papers, and notices of court dates. If you don’t have them yet, call anyway and we will sort out what is missing.
More on DUI
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.