Getting arrested for DUI has critical consequences. You not only face stiff penalties but also the possibility of doing jail time—and you could lose driver license. And if it’s not your first time, the penalties for a second or subsequent offense are even stiffer. You need to hire Broward County DUI Attorney Robert Malove. As a founding member of the National College for DUI Defense, he's handled tens of thousands of DUI cases over his 42-year career. Regardless of whether this is your first DUI offense or a second or subsequent DUI charge, Robert Malove and his team have over 120 years combined experience an
ACT QUICKLY Once you're arrested for DUI, you only have 10 days to request a special hearing before the Florida Department of Highway Safety and Motor Vehicles suspends your driver’s license. If the hearing isn’t requested in time, you stand to lose your driver’s license for up to 18 months! Before any of this happens, contact the DUI defense team at The Law Offices of Robert David Malove. We're ready to take on the criminal justice system and fight for you.
What to Do After a Florida DUI Arrest
Immediate Steps (First 10 Days)
- Contact an experienced DUI attorney immediately
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- Request DMV hearing within 10 days
- Gather all arrest documentation
- Document any medical conditions or medications
- Preserve evidence from the arrest scene if possible
Building Your Defense
An experienced DUI attorney will:
- Review all evidence including police reports, videos, and test results
- Challenge improper procedures or constitutional violations
- Investigate officer training and equipment maintenance
- Negotiate with prosecutors for reduced charges when appropriate
- Represent you at both DMV hearings and criminal proceedings
Florida DUI Penalties and Consequences
First-Time DUI Penalties
Even a first DUI conviction in Florida carries significant penalties:
- Fines: $500 to $1,000 (higher if BAC is 0.15% or above)
- Jail Time: Up to 6 months (up to 9 months if BAC 0.15% or higher)
- License Suspension: 180 days to 1 year
- DUI School: Mandatory completion required
- Community Service: Up to 50 hours
- Probation: Up to 1 year
- Ignition Interlock Device: May be required, especially for high BAC cases
Enhanced Penalties for Aggravating Factors
Penalties increase substantially when certain factors are present:
- BAC of 0.15% or higher
- Minor passenger in the vehicle
- Property damage or personal injury
- Previous DUI convictions
Long-Term Consequences
A DUI conviction creates lasting impacts beyond immediate penalties:
- Permanent criminal record
- Employment limitations
- Professional license issues
- Increased insurance rates
- Immigration consequences for non-citizens
Critical Time Limits After DUI Arrest
10-Day DMV Hearing Deadline
You have only 10 days from your arrest date to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). This hearing is separate from your criminal case and addresses the administrative license suspension. Missing this deadline results in automatic license suspension for up to 18 months.
What Happens at the DMV Hearing
The administrative hearing provides an opportunity to challenge the license suspension by examining:
- Whether the officer had probable cause for the traffic stop
- Whether you were lawfully arrested
- Whether proper testing procedures were followed
- Whether you refused testing or your BAC was 0.08% or higher
Florida DUI Testing and Evidence
Field Sobriety Tests
Officers typically administer standardized field sobriety tests including:
- Horizontal Gaze Nystagmus (eye tracking test)
- Walk-and-turn test
- One-leg stand test
These tests are subjective and can be challenged based on medical conditions, weather, improper instructions, or testing surface conditions.
Breathalyzer Testing
Florida uses the Intoxilyzer 8000 for breath testing. These devices must be properly maintained, calibrated, and operated according to strict protocols. Issues with the testing process can invalidate results.
Blood Testing
Blood tests are typically required when:
- A crash occurred
- Drug impairment is suspected
- The subject is unconscious
Blood testing must follow strict chain of custody procedures and be performed by qualified personnel.
What You Need to Know About Florida DUI Charges
Getting arrested for DUI in Florida carries serious consequences that can affect your freedom, driving privileges, career, and finances. Understanding Florida's DUI laws and your defense options is crucial to protecting your future.
Florida DUI Law Basics
In Florida, you can be charged with DUI (Driving Under the Influence) if law enforcement has probable cause to believe you were driving or in actual physical control of a vehicle while under the influence of alcohol or drugs. Importantly, your vehicle doesn't need to be moving - simply being behind the wheel with keys in the ignition can result in DUI charges.
Two Ways Florida Prosecutors Can Pursue DUI Charges:
- Blood Alcohol Content (BAC) Standard: BAC of 0.08% or higher for regular drivers, 0.04% for commercial drivers, 0.02% for drivers under 21
- Impairment Standard: Impairment of normal faculties regardless of BAC level
Common DUI Defense Strategies
While every case is unique, some of the most common DUI defenses fall into several key areas.
Challenging the Traffic Stop
The officer must have reasonable suspicion to stop your vehicle. Without proper justification, evidence obtained during the stop may be suppressed.
Questioning Field Sobriety Test Results
Field sobriety tests can be challenged based on:
- Medical conditions affecting performance
- Improper test administration
- Environmental factors
- Officer training and certification issues
Breathalyzer and Blood Test Challenges
Testing equipment and procedures can be challenged for:
- Improper calibration or maintenance
- Operator certification issues
- Observation period violations
- Medical conditions causing false positives
- Chain of custody problems
Constitutional Violations
Evidence may be suppressed if constitutional rights were violated:
- Unlawful traffic stop
- Failure to read Miranda rights
- Coerced testing
- Improper arrest procedures
Frequently Asked Questions About Florida DUI
What are the chances of beating a DUI in Broward County?
While outcomes always depend on the specific facts of a case, clients who work with The Law Offices of Robert David Malove benefit from an exceptional track record. Our firm has achieved a success rate of over 95% in DUI cases.
What are the penalties for a first-time DUI in Florida?
First-time DUI penalties in Florida include fines of $500-$1,000, up to 6 months jail time, 180 days to 1 year license suspension, DUI school completion, possible community service, probation, and potential ignition interlock device installation. Enhanced penalties apply if BAC is 0.15% or higher, or if a minor is in the vehicle.
How long do you have to request a DMV hearing after a DUI arrest in Florida?
You have only 10 days from the date of your DUI arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Missing this deadline results in automatic license suspension. This hearing is separate from your criminal case and provides an opportunity to challenge the license suspension.
What is Florida's implied consent law for DUI testing?
Florida's implied consent law means that by driving in Florida, you automatically consent to breath, blood, or urine testing if arrested for DUI. Refusing these tests results in an automatic one-year license suspension for a first refusal, and 18 months for subsequent refusals, even if you're found not guilty of DUI.
Can you be charged with DUI in Florida without driving?
Yes, in Florida you can be charged with DUI for being in 'actual physical control' of a vehicle while impaired, even if not driving. This means simply being behind the wheel with keys in the ignition while under the influence can lead to DUI charges, regardless of whether the vehicle is moving.
What BAC level constitutes DUI in Florida?
In Florida, you can be charged with DUI in two ways: (1) BAC of 0.08% or higher for regular drivers, 0.04% for commercial drivers, or 0.02% for drivers under 21, or (2) impairment of normal faculties regardless of BAC level. The state can pursue DUI charges based on either standard.
Beat Your Fort Lauderdale DUI Charges with 40+ Years of Proven Defense Experience
The Law Offices of Robert David Malove specializes in DUI defense throughout South Florida, with Attorney Robert Malove having helped hundreds of people facing DUI charges over his 42+ year legal career. The firm provides comprehensive DUI defense services, covering everything from first-time offenses to repeat violations and DUI manslaughter cases.
- Phone: (954) 861-0384
- Available 24/7 for DUI arrests
- Free case evaluation
- Affordable payment plans available
- Over 60 years combined experience
Proven Experience
- Over 40 years of criminal defense experience
- Founding member of the National College for DUI Defense
- Hundreds of successful DUI cases defended
- Board-certified in criminal trial law
Comprehensive Defense Strategy
- Thorough investigation of all evidence
- Challenge improper testing procedures
- Aggressive DMV hearing representation
- Experienced trial advocacy when necessary
Statewide Service Areas
Serving clients throughout South Florida from offices in:
- Broward County: Fort Lauderdale, Pompano Beach, Hollywood
- Palm Beach County: West Palm Beach, Boca Raton, Palm Beach Gardens, Delray Beach, Jupiter
- Miami-Dade County: Miami Beach
- Lee County: Fort Myers, Cape Coral
- Monroe County: Key West
- Martin County: Stuart
- St. Lucie County: Fort Pierce, Port St. Lucie
- Collier County: Naples, Marco Island
- Additional Counties: Hendry County, Sarasota County
Contact Our Fort Lauderdale DUI Lawyer for a Free Consultation
With offices in Fort Lauderdale, Fort Myers, Palm Beach County, St. Lucie County, and Key West, The Law Offices of Robert David Malove offers free consultations and affordable payment plans. Don't trust your case to just any criminal lawyer - your family and future depend on finding the toughest, most experienced DUI defense attorney in South Florida.
