Driving Under the Influence (DUI)                                                                                                       

DUI state charges are very serious in Florida and some of the factors which could affect the outcome of your case are as follows:

DUI Facts

The most important thing to remember after an arrest is DO NOT MAKE ANY STATEMENTS OR ADMISSIONS when questioned. Tell the law enforcement officer that you wish to speak to your attorney. CALL OUR OFFICE IMMEDIATELY.

The first part of Florida's DUI law is a criminal prosecution. Following your arrest, in this criminal prosecution, a prosecutor for the State of Florida files a criminal complaint against you. If you are convicted of DUI, you are subject to penalties as provided by applicable Florida Statutes.

If you have been arrested for DUI, you have TEN (10) days from the date of your arrest to request a Formal Review Hearing with the Department of Highway Safety and Motor Vehicles. This is an important deadline. Failure to request a Formal Hearing Review within TEN (10) days could result in your license being suspended by the State of Florida. This Formal Review Hearing constitutes the administrative component, which results from being charged with DUI.

Factors That Could Affect Your DUI Case

Florida law requires law enforcement officers to follow specific procedures to protect your rights during a DUI investigation. If these procedures are not followed, a DUI prosecution may fail. The issues affecting the outcome a DUI case are as follows:

Did the law enforcement officer advise you of the right to a lawyer before taking any roadside tests?

Did the officer administering the breath test advise you to continue blowing air during the breath test?

Were you stopped for a lawful reason (i.e. Failure to Yield the Right of Way, Failure to Maintain a Single Lane, Speeding etc.)?

Important considerations must be weighed such as if you suffered from any sickness or injury at the test of the Field Sobriety Exercises.

Did the law enforcement officer advise you that your license would be suspended if you refused to take a breath test?

Did your arrest occur on private property?

Was the breath testing equipment accurate?

Did the law enforcement officer observe you for 20 minutes prior to the breath test?

Did a police officer tell you to "keep blowing" during the breath test?

Were you wearing removable dentures during the breath test?

Were you wearing contact lenses while taking roadside tests?

Do you suffer from diabetes or hypoglycemia?

Do you suffer from an injury to your hips, knees, back or other joints?

Did you recently suffer a concussion?

Did the glare from the police car's overhead lights blind you or make you dizzy?

Was your field sobriety test conducted on a surface that even, flat, clean, properly lighted or protected from the wind?

Did the Law Enforcement Officer wake you from a deep sleep while you were stopped or parked?

Were you in an accident where you suffered injuries that might have caused the Law Enforcement Officer to mistakenly believe you were drunk?

Did the officer confuse exhaustion or fear with intoxication?

Do you know people who saw you shortly before you were stopped and can honestly testify that you were fine?

DUI Criminal Penalties Under Florida Law (Section 316.193), Florida Statutes

If you are convicted for DUI, you may be subjected to criminal penalties as provided by Section 316.193, Florida Statutes. These penalties include the following:

First Offense

    a. Fine: $250.00 - $500.00 (.20% or higher: $500.00 - $1,000.00)
    b. License suspension: 6 months - 1 year
    c. Probation: 6 months - 1 year
    d. Incarceration: 0 - 6 months (.20% or higher: 0 - 9 months)
    e. Impoundment: at least 10 days
    f. Ignition device: (.20% or higher: 0-6 months)
Second Offense within 5 years
    a. Fine: $500.00 - $1,000.00 (.20% or higher: $1,000.00 - $2000.00) b. License suspension: 5 years
    c. Probation: 1 year
    d. Incarceration: 10 days - 9 months (.20% or higher: 10 days - 1 year)
    e. Impoundment: at least 30 days impoundment
    f. Ignition device: at least 1 year (.20% or higher: at least 2 years)
Second DUI beyond 5 years
    a. Fine: $500.00 - $1,000.00 (.20% or higher: $1,000.00 - $2,000.00)
    b. License Suspension: 6 months - 1 year
    c. Probation: 1 year
    d. Incarceration: 0 - 9 months (.20 or higher: 0 - 12 months)
    e. Ignition device: at least 1 year
    (.20% or higher: at least 2 years)
Third Conviction within 10 years (Felony)
    a. Fine: $.00 - $5,000.00 (.20% or higher: $2,000.00 - $5,000.00)
    b. License Suspension: 1 year
    c. Probation: 0 to 5 years
    d. Incarceration: 30 days - 5 years
    e. Impoundment: 90 days impoundment
    f. Ignition device: at least 2 years
Third Conviction beyond 10 years (Misdemeanor)
    a. Fine: $1,000.00 - $2,500.00(.20% or higher: $2,000.00 - $5,000.00)
    b. License Suspension: 6 months -1 year
    c. Probation: 1 year
    d. Incarceration: 0 - 1 year
    e. Ignition device: at least 2 years
Fourth Conviction (Misdemeanor)
    a. Fine: $1,000.00 - $2,500.00 (.20% or higher: $2,000.00 - $5,000.00) a. License Suspension: Permanent
    a. Probation: 1 year
    b. Incarceration: 0 - 1 year
Fourth Conviction (Felony)
    a. Fine: $1,000.00 - $5,000.00(.20% or higher: $1,000.00 - $5,000.00)
    b. License Suspension: Permanent
    d. Probation: 0- 5 years
    e. Incarceration: 0 - 5 years
Second Refusal (Misdemeanor)
    a. Fine: $.00 - $1,000.00
    b. License Suspension: 18 months
    c. Probation: Up to 1 year
    d; Incarceration: Up to 1 year