Florida DUI Laws: Penalties and Defenses

Introduction

Driving under the influence (DUI) is a serious offense in Florida, carrying significant legal consequences. Whether it’s your first offense or you have prior DUI convictions, understanding the laws, penalties, and potential defenses can help you navigate the legal system.

This blog post will break down Florida’s DUI laws, the penalties for DUI convictions, and common legal defensesavailable to those charged with DUI.

---

What Is Considered a DUI in Florida?

Under Florida Statutes § 316.193, a person commits DUI if they:

1. Operate or have actual physical control of a motor vehicle, AND
2. Are impaired by alcohol, drugs, or a controlled substance, OR
3. Have a blood alcohol concentration (BAC) of 0.08% or higher.

Key points:

• You do not have to be driving to be charged with DUI—having control of the vehicle while impaired (e.g., sitting in the driver’s seat with the keys in the ignition) may be enough.
• DUI charges apply to alcohol, prescription drugs, and illegal drugs, even if legally prescribed.

---

Penalties for DUI in Florida

The consequences of a DUI conviction depend on the number of prior offenses, BAC level, and whether there were aggravating factors (such as property damage or injury).

First DUI Offense (Misdemeanor)

• Fines: $500 – $1,000
• License Suspension: 6 months – 1 year
• Jail Time: Up to 6 months
• Probation: Up to 1 year
• Community Service: Minimum of 50 hours
• DUI School: Required
• Vehicle Impoundment: 10 days

Second DUI Offense (Misdemeanor)

• Fines: $1,000 – $2,000
• License Suspension: Minimum of 5 years (if within 5 years of first DUI)
• Jail Time: Up to 9 months (mandatory 10 days if within 5 years of first DUI)
• Ignition Interlock Device (IID): Required for at least 1 year

Third DUI Offense

• Within 10 years of prior conviction: Felony DUI
• Fines: $2,000 – $5,000
• License Suspension: Minimum of 10 years
• Jail Time: Up to 5 years
• Ignition Interlock Device (IID): Required for at least 2 years

Fourth DUI Offense (Felony)

• Fine: Minimum $2,000
• License Revocation: Permanent
• Prison Sentence: Up to 5 years
• Ignition Interlock Device (IID): Mandatory

DUI with Aggravating Factors

Certain circumstances can increase the penalties for a DUI offense:

• DUI with Property Damage or Injury: Up to 1 year in jail and a $1,000 fine
• DUI with Serious Bodily Injury: A third-degree felony punishable by up to 5 years in prison
• DUI Manslaughter: A second-degree felony punishable by up to 15 years in prison

---

Florida’s Implied Consent Law

Florida has an implied consent law, meaning drivers automatically consent to chemical testing (breath, blood, or urine) when arrested for DUI. Refusing a breathalyzer or blood test leads to:

1. First refusal: 1-year license suspension
2. Second refusal: 18-month suspension and misdemeanor charges

Refusing a breath test can also be used as evidence against you in court.

---

Common DUI Defenses in Florida

A DUI arrest does not guarantee a conviction. A skilled defense attorney can use several strategies to challenge the charges, such as:

1. Challenging the Traffic Stop

• Did the officer have a valid reason to stop you?
• If there was no probable cause, evidence may be thrown out.

2. Questioning Field Sobriety Tests (FSTs)

• Were the tests administered correctly?
• Were there external factors that affected performance? (e.g., uneven pavement, medical conditions, fatigue)

3. Challenging Breathalyzer or Blood Test Results

• Was the device properly calibrated?
• Was the test administered correctly?
• Was the officer certified to perform the test?

4. Proving Lack of Impairment

• You may have had a BAC under the legal limit at the time of driving.
• Medical conditions (such as acid reflux) can lead to false positives on breath tests.

5. Arguing “No Actual Physical Control”

• If you were not driving or had no intent to drive, you may not be guilty of DUI.

6. Violations of Your Rights

• If you were not read your Miranda rights, certain statements may be inadmissible in court.
• If you were denied access to a lawyer, this could impact the case.

---

What to Do If You Are Arrested for DUI

If you are charged with DUI, take the following steps immediately:

✔️ Remain Silent – Do not answer questions without a lawyer.
✔️ Do Not Admit Guilt – Anything you say can be used against you.
✔️ Request an Attorney – Call an experienced DUI defense lawyer immediately.
✔️ Write Down Everything – Note details about the arrest, including where, when, and how the stop happened.
✔️ Do Not Refuse Testing Without Understanding Consequences – Refusing a breath test can lead to license suspension.

---

How a DUI Attorney Can Help

A DUI conviction can have lasting consequences on your record, job opportunities, and driving privileges. Hiring an experienced DUI lawyer can:

• Evaluate the evidence and identify weaknesses in the prosecution’s case
• Challenge illegal traffic stops or improper testing procedures
• Negotiate for reduced charges, probation, or dismissal
• Fight for your driving privileges in administrative hearings

At Bonderud Law, we have a proven track record of successfully defending DUI cases. If you have been arrested for DUI in Florida, call us today for a consultation.

---

Conclusion

A DUI charge does not mean an automatic conviction. Understanding Florida’s DUI laws, penalties, and possible defenses is crucial to protecting your rights. If you or a loved one is facing DUI charges, contact an experienced DUI defense attorney as soon as possible.