Driving Under the Influence (DUI) in Florida

Florida Statute §316.193   |   Classification: First-Degree Misdemeanor (first offense) to First-Degree Felony (DUI Manslaughter)

What Is This Charge?

A person is guilty of DUI in Florida if they are driving or in actual physical control of a vehicle while impaired by alcohol, a controlled substance, or a chemical substance — or while their blood/breath alcohol concentration (BAC) is 0.08 or higher.

Penalties & Fines

• First Offense: Up to 6 months jail (9 months if BAC 0.15+ or minor in vehicle)

• First Offense Fine: $500–$1,000 ($1,000–$2,000 if BAC 0.15+ or minor in vehicle)

• License revocation: 180 days to 1 year

• 50 hours mandatory community service

• Probation up to 1 year; vehicle impoundment for 10 days

• Second Offense: Up to 9 months jail; if within 5 years: mandatory 10-day jail minimum

• Third Offense within 10 years: Third-Degree Felony — up to 5 years, $2,000–$5,000 fine

• DUI with Serious Bodily Injury: Third-Degree Felony — up to 5 years

• DUI Manslaughter: Second-Degree Felony — up to 15 years; if leaving scene: First-Degree Felony — up to 30 years with mandatory 4-year minimum

  
  

Additional Consequences

• DUI convictions are permanent in Florida — they cannot be sealed or expunged

• Commercial driver's license (CDL) disqualification

• Increased auto insurance rates

• Ignition interlock device requirement

• Immigration consequences for non-citizens

  
  

Possible Defenses

• The traffic stop was unlawful — no reasonable suspicion

• Field sobriety tests were improperly administered

• The breathalyzer was not properly calibrated or maintained

• Rising BAC defense — BAC was below 0.08 while driving but rose by time of testing

• Medical conditions that affected test results

• Actual physical control was not established

  
  

Why You Need a Defense Attorney

A DUI conviction stays on your record permanently in Florida. Irizarry DUI and Criminal Defense, PLLC was built specifically to fight DUI charges. Attorney Erica Irizarry knows exactly how the State builds these cases and uses that knowledge to challenge every element — from the initial stop to the breath test results.

Call today for a free consultation: (813) 888-8888  |  Email: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.