DUI in Florida — What You Need to Know

DUI in Florida — What You Need to Know Florida Statute §316.193

What Is a DUI in Florida? Driving Under the Influence (DUI) is one of the most common criminal charges in Florida — and one of the most serious. Unlike many states, Florida treats DUI convictions as permanent. They cannot be sealed, expunged, or removed from your record under any circumstances. One conviction can follow you for the rest of your life. Under Florida Statute §316.193, a person commits DUI when they drive or are in actual physical control of a vehicle while: • Impaired by alcohol, a controlled substance, or a chemical substance to the extent that their normal faculties are affected, OR • Their blood alcohol content (BAC) is 0.08 or higher You do not have to be driving a moving vehicle to be charged. Simply sitting in the driver's seat with the keys in the ignition — even if the car is parked — can be enough to support a DUI charge under Florida's "actual physical control" doctrine. DUI Penalties in Florida First Offense DUI • Jail: Up to 6 months (up to 9 months if BAC was 0.15 or higher, or a minor was in the vehicle) • Fine: $500 to $1,000 ($1,000 to $2,000 if BAC 0.15+ or minor present) • License revocation: 180 days to 1 year • 50 hours of mandatory community service • Probation: Up to 1 year • Vehicle impoundment: 10 days • Mandatory DUI school and substance abuse evaluation • Ignition interlock device may be required Second Offense DUI • Jail: Up to 9 months (up to 12 months if BAC 0.15+ or minor present) • Fine: $1,000 to $2,000 • If within 5 years of prior DUI: mandatory minimum 10 days in jail, license revocation for 5 years, ignition interlock required for at least 2 years Third Offense DUI • If within 10 years of second DUI: Third-Degree Felony — up to 5 years in prison, fine of $2,000 to $5,000 • If more than 10 years after second DUI: First-Degree Misdemeanor — up to 1 year in jail DUI with Enhanced Penalties Florida law provides for enhanced penalties in several situations: DUI with Serious Bodily Injury: Third-Degree Felony — up to 5 years in prison and $5,000 fine DUI Manslaughter: Second-Degree Felony — up to 15 years in prison. If the driver knew or should have known the accident occurred and failed to give information or render aid: First-Degree Felony — up to 30 years with a mandatory minimum of 4 years in prison. DUI with a Minor in the Vehicle or BAC of 0.15+: Enhanced fines and jail time even for a first offense. Additional Consequences of a DUI Conviction A DUI conviction affects far more than just your driving privileges: Permanent Criminal Record: Florida DUI convictions cannot be sealed or expunged. They appear permanently on background checks for employment, housing, and professional licensing. Commercial Driver's License (CDL): A DUI conviction results in disqualification of your CDL for one year on a first offense — even if you were not driving a commercial vehicle at the time. A second offense results in lifetime disqualification. Professional Licenses: Nurses, teachers, attorneys, healthcare workers, real estate agents, and other licensed professionals may face license suspension or revocation following a DUI conviction. Immigration Consequences: A DUI conviction can constitute a crime of moral turpitude and trigger deportation, denial of naturalization, and permanent inadmissibility for non-citizens, including lawful permanent residents. Auto Insurance: DUI convictions typically result in significantly higher insurance premiums or cancellation of coverage entirely. Florida's Administrative Suspension: Separate from any criminal penalties, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will administratively suspend your license upon a DUI arrest — even before your case goes to court. You have only 10 days from your arrest to request a formal review hearing to challenge this suspension or apply for a hardship license. Understanding the DUI Arrest Process Most DUI arrests in Florida begin with a traffic stop. The officer will observe the driver for signs of impairment — red or glassy eyes, slurred speech, odor of alcohol, and unusual behavior. If the officer suspects impairment, they will typically administer Standardized Field Sobriety Tests (SFSTs), which may include: • The Horizontal Gaze Nystagmus (HGN) test • The Walk-and-Turn test • The One-Leg-Stand test If the officer believes you are impaired after these tests, they will arrest you and request a breath, blood, or urine sample. Florida's Implied Consent Law Under Florida's Implied Consent Law, any person who operates a vehicle in Florida is deemed to have given their consent to a lawful breath or blood test. Refusing to submit to a breath test results in: • First refusal: 1-year administrative license suspension • Second or subsequent refusal: 18-month license suspension and a First-Degree Misdemeanor criminal charge While refusal cannot be used as evidence of guilt at trial, it does carry its own significant consequences and is admissible in some proceedings. Possible Defenses to a DUI Charge A DUI arrest is not a DUI conviction. There are many defenses available depending on the specific facts of your case: Illegal Traffic Stop: The officer must have had a reasonable, articulable suspicion of a traffic violation or crime before pulling you over. Evidence obtained from an unlawful stop may be suppressed. Improper Field Sobriety Tests: Field sobriety tests must be administered according to strict standardized protocols. Deviations — even minor ones — can affect the reliability and admissibility of the results. Breathalyzer Issues: The breath testing device must be properly calibrated, maintained, and operated by a certified operator. Florida requires regular maintenance logs and accuracy checks. Problems with the machine or its operation can challenge the BAC result. Rising BAC Defense: Alcohol continues to absorb into the bloodstream after you stop drinking. Your BAC at the time of the test may have been higher than it was when you were actually driving. This defense is particularly relevant in cases where the BAC is close to the legal limit. Medical Conditions: Certain medical conditions — including acid reflux, GERD, diabetes, and neurological conditions — can affect the results of field sobriety tests and breath tests. Actual Physical Control: In cases where the vehicle was not moving, the State must prove you were in actual physical control. The location of the keys, position of the seat, and other factors are relevant. Failure to Read Miranda Rights: If you were in custody and interrogated without being advised of your Miranda rights, statements you made may be suppressed. Challenging the Implied Consent Warning: If the officer did not properly advise you of the consequences of refusal, the refusal may not be used against you. What to Do If You Are Arrested for DUI If you have been arrested for DUI in Florida, take these steps immediately: 1. Do not say anything beyond providing your basic identification. Do not explain where you were, what you drank, or how long ago. Everything you say will be used against you. 2. Do not perform field sobriety tests if you have not already. While refusal may result in arrest, it denies the State physical evidence of impairment. 3. Contact a DUI defense attorney as soon as possible. You have only 10 days from your arrest to request a DHSMV hearing to challenge your license suspension. 4. Do not post anything on social media about the arrest, the incident, or the evening's events. 5. Write down everything you remember about the stop, the officer's instructions, and the testing procedures while the details are fresh. Why You Need a DUI Defense Attorney DUI defense is one of the most technically complex areas of criminal law. The science behind breath testing, field sobriety evaluations, and blood analysis is highly specialized — and highly challengeable. An experienced DUI defense attorney will: • Immediately review dashcam and body camera footage • Obtain and scrutinize the breathalyzer maintenance and calibration records • Challenge the legality of the traffic stop • Evaluate every element of the field sobriety tests • File a timely request for a DHSMV hearing to protect your driving privileges • Explore all available plea options and diversion programs for eligible defendants At Irizarry DUI and Criminal Defense, PLLC, Attorney Erica Irizarry built this firm specifically to fight DUI charges. As a former prosecutor and former public defender, she knows exactly how the State builds DUI cases — and exactly where those cases can be challenged. She will analyze every aspect of your case from the initial stop to the final test result and pursue every available defense on your behalf. Se habla español. Call today for a free and confidential consultation: (813) 509-6075 Email: erica@fllegaldefense.com www.criminallawyertampaei.com Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available. Attorney Advertising. This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you are facing DUI charges, please contact a licensed Florida attorney immediately.