DUI/DWI Law FAQs

In Florida, the offense is called a DUI, which stands for "Driving Under the Influence." Our state does not have a "DWI" which stands for "Driving while Intoxicated." What is important about Florida's DUI, is that it does not only refer to someone who is driving drunk. Driving under the influence can include driving while high or on medications, even if they are legally prescribed. For example, if you have a marijuana card, this does not mean that you can smoke or ingest your medically prescribed marijuana and then go drive a car while high. That can and probably will eventually lead to a DUI arrest.

Driving under the influence (DUI) in Florida can carry extremely strict and multi-tiered penalties. Meaning there is not only the criminal side that will need legal representation but also the administrative side of the charge as well. Some of the penalties of a DUI conviction include but are not limited to a mandatory driver's license suspension that can escalate given the degree of DUI or if it is a first time or a subsequent offense, heavy fines, a minimum 10 day vehicle impoundment, and even the potential of jail time. As stated above these penalties have the potential to escalate when there is a high Blood Alcohol Content, known as a BAC level, if an individual under the age of 18 is present during the commission of the DUI, or if there are repeat offenses.

As for the Administrative Penalties, which are done through the DMV and the Bureau of Administrative Review, and are the first penalties one will face when even just arrested for DUI, these punishments could include the following:
1. When simply just arrested for a DUI in Florida, your license is subject to immediate administrative suspension.
If this is a first offense then your drivers license will be subject to a 6 to 12-month suspension.
Keep in mind that if you refuse to take a breath, blood, or urine test as legally required by law you will not only be committing another second degree misdemeanor but you will be automatically signing up for a 1-year driver's license suspension.
2. You have a window of exactly 10 days from the date of arrest to request a formal review hearing, or to file a waiver of the review hearing if entitled, with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to challenge the suspension.

The administrative penalties will increase with each subsequent DUI arrest.

Then after the Administrative Penalties you will face the Criminal Penalties upon conviction:

First Conviction: Fines: $500 to $1,000. If your BAC was 0.15% or higher, or a minor was in the vehicle, fines increase to $2,000 to $4,000.
Jail Time: This is not mandatory but you could face up to 6 months in the local county jail, and the exposure increases to potentially 9 months if you had a BAC of 0.15% or higher.
Probation Probation is mandated by statute when there is a DUI conviction. Therefore, upon being convicted of the charge you will face up to 1 year of probation.
Community Service: 50 hours of mandatory community service. If you are lucky your county will allow for a buy out of these hours, normally between $10-$13 per hour, but this is case by case and county by county, so never assume you can just pay these hours off.
Vehicle Impoundment: 10-day vehicle impoundment or immobilization. What this means is you will need to remove your license plate from you vehicle and turn it in to your probation officer or DMV for a period of time, which is at a minimum 10 days.
DUI School: Mandatory completion of a Florida DUI education program, these are costly programs and you will either have to take the Tier 1 course of the Tier 2.
Insurance Hikes: A DUI will generally classify you as a high-risk driver, leading to a massive increase in insurance premiums and requirements for specialized coverage for a certain amount of years after the arrest
Additional Classes: You will also need to complete the Victim Impact Panel, or what is referred to as the Mothers Against Drunk Driving Class.
Permanent Driving History: A DUI conviction stays on a Florida driving record for 75 years

If this is not your first DUI then the penalties go up from there:
Second Conviction
Fines: $1,000 to $2,000 ($2,000 to $4,000 if BAC 0.15+ or minor in vehicle).
Jail Time: potentially up to 9 months. If the second offense occurs within 5 years of a prior DUI conviction then the State Attorney is mandated by Florida Statute to include a minimum 10 day jail sentence.
Ignition Interlock Device: Required for at least 1 year. An ignition interlock is a device that will be installed on your vehicle so that before you can start the engine you have to provide a clean breath sample, every single time.

It gets worse:
Third Conviction (Within 10 years of prior DUI conviction): Can be charged as a third-degree felony as long as the State can show that your 2 previous DUI's were plead to with the help of counsel. A conviction for this level DUI results in a mandatory 30 days in jail but potentially up to 5 years in prison, up to $5,000 in fines, and a 10-year license revocation.

Most people believe that once you are arrested for a DUI there is no way to argue the charges, and while the cards may be stacked for the other side there are several key arguments that can be made if the facts support them.

One of the first ways is to challenge the traffic stop. This could look like arguing there was insufficient reasonable suspicion for the stop, if an attorney can successfully argue that the stop was illegal than the entire case may be dismissed.

Another way is to look into any potential constitutional rights violations and/or due process violations. This could be the failure to read Miranda warnings during a custodial interrogation, or failing to properly inform an individual of implied consent.

A third challenge could be to the scientific testing, if done, showing impairment let it be a breath test machine, blood tests, or urine tests. Each one of these machines and test have very specific rules and guidelines that must be followed to ensure the integrity of the results and when not done properly can lead to the results being invalidated.

Lastly, if and when Body Worn Camera is available it is very important to review all the footage and challenge any issues found within. Were there inconsistencies between the offense report and the video, was there any evidence of officer wrongdoing during the DUI investigation, was the behavior of the accused consistent with a non-intoxicated individual. All of these are important when reviewing Body Worn Camera's and Dash Cams.

Many factors can help or hurt a DUI case but what all DUI cases really boil down to is the legality of the traffic stop, how reliable the tests administered are, and how the individual accused of being under the influence acts during the investigation. A DUI case can be won or lost solely on the attitude and actions of an individual especially when those actions are caught on Body Worn Cameras or Dash Cams.

Pre-Trial motions can be the start and the end of a DUI case. They act as the battlefield before trial to try and litigate all the insufficiencies of the case and the investigation. An attorney can challenge evidence being admitted in future proceedings, argue to protect your constitutional rights, and help shape how an eventual trial may be heard. Pre-Trial motions, when necessary, are done to put the accused into the best position possible for future litigation and often result in better plea negotiations or even a case being dismissed.

It is incredibly common for DUI cases to resolve in plea deals. Especially given new protocol in both the 7th and 4th Judicial Circuits regarding early resolution contracts which allow for a plea to Reckless Driving rather than a DUI, it is often within a clients best interest to enter a plea.

The easiest answer is when it is necessary. If is it is within a clients best interest to push the case to a trial setting then it should absolutely be done.

Absolutely. If there are valid arguments or motions that can be filed then a case may be dismissed. If it is a first time offense, especially in the local 7th and 4th judicial circuits, DUI's are often reduced to Reckless Driving.

A DUI charge affects an individuals driver's license in two ways.

1. The Administration Suspension
This occurs immediately upon arrest for DUI.
2. The Suspension upon conviction
This suspension occurs once a formal conviction is entered on the case

A DUI conviction could lead to mandatory driver’s license revocation which will then incur severe reinstatement fees.

In Florida a DUI conviction requires an adjudication of guilt, which means the charge can never be sealed or expunged from your record. If convicted of DUI an individual will have a permanent mark on their criminal record and risk being reclassified as a high-risk driver. Being labeled high risk often comes with drastic insurance premium increases and a specialized additional insurance for a period of time.

Yes, mitigation to obtain the best offer possible is essential with a DUI charge. An attorney who can hit the ground running and provide materials to the State Attorney's Office to ensure a good plea offer or resolution on the case is paramount to reduce a DUI's impact.

On average a DUI case can take anywhere from 2-3 months to up to a year depending on the litigation required to ensure a proper resolution.

Your best option when being arrested for DUI but you were not driving under the influence is to remain calm, cool, and collected. Remain polite with law enforcement and any other individuals you come into contact with. The more evidence you are able to provide showing you are maintaining your cool and clearly not intoxicated the harder the burden will be on the State to show you were to the contrary.

A first-time DUI conviction comes with several mandatory penalties, including anywhere from a 6-12 month of probation, a drivers license revocation of up to 12 months, attending and completing a drivers safety and education class, attending and completing the Mothers Against Drunk Driving class, 50 hours of community service, court fees, fines from $500 to $2,000, and the potential of jail time up to six months.