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.
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 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.
Why Choose Robert Malove for Your Florida DUI Defense
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
Multiple Office Locations
Serving clients throughout Florida from offices in:
Contact Our Florida DUI Defense Team
Don't let a DUI charge derail your future. Contact experienced Florida DUI attorney Robert Malove for a free consultation.
Free Consultation Available
- Phone: (954) 761-3888
- Available 24/7 for DUI arrests
- Free case evaluation
- Affordable payment plans available
Time is critical in DUI cases. The 10-day deadline for DMV hearings means you need to act quickly. Contact us today to protect your rights and build a strong defense against your DUI charges.
