Understanding Florida’s DUI laws, penalties, and how an experienced defense attorney can protect your future.
Facing your first DUI charge in Florida can be one of the most stressful moments of your life. Many of my clients tell me they felt an overwhelming mix of fear, embarrassment, and uncertainty in the days after their arrest. As a Florida DUI defense attorney, I can tell you that while this is serious, it is not hopeless. Understanding the law, the court process, and the defenses available is the first step toward protecting your rights, your license, and your future.
Florida DUI Law – §316.193
Florida’s main DUI statute is Florida Statutes §316.193, which defines what it means to drive under the influence and sets the penalties for a first offense.
Florida Statutes §316.193 provides in part:
316.193 – Driving under the influence; penalties
(1) A person is guilty of the offense of driving under the influence and subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.(2)(a) Except as provided in paragraph (b), any person who is convicted of a violation of subsection (1) shall be punished:
By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.By imprisonment for:
a. Not more than 6 months for a first conviction.(b) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level of 0.15 or higher, or who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:
By a fine of:
a. Not less than $1,000 or more than $2,000 for a first conviction.By imprisonment for:
a. Not more than 9 months for a first conviction.(6) With respect to any person convicted of a violation of this section, regardless of any penalty imposed under this section:
(a) The court shall place all offenders on monthly reporting probation and shall require attendance at a substance abuse course.
(b) The court must revoke the driver license of the person for a period not less than 180 days and not more than 1 year.
For a first offense, this means you could face up to six months in jail, thousands in fines, mandatory DUI school, probation, community service, and a driver’s license suspension. If your BAC was .15 or higher or you had a minor in the vehicle, the penalties are more severe. This is why it’s critical to have a private attorney evaluate every detail of your case from the very start.
The Criminal Case and Administrative Suspension
When you’re arrested for a first DUI in Florida, two separate cases begin: a criminal case in county court and an administrative license suspension process with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Many people make the mistake of thinking the court case is all that matters, but the administrative side can take away your license before your criminal case is even decided.
Florida’s Implied Consent Law – §316.1932
Florida’s Implied Consent Law requires drivers to submit to chemical testing under certain circumstances.
Florida Statutes §316.1932 states:
316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal
(1)(a) Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath, for the purpose of determining the alcoholic content of his or her blood or breath, if lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.(1)(b) The chemical or physical breath test shall be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of alcoholic beverages.
(1)(c) The refusal to submit to a breath, urine, or blood test, upon the request of a law enforcement officer, shall result in the suspension of the privilege to operate a motor vehicle for a period of 1 year for a first refusal.
If you refused a breath, blood, or urine test, your license will be suspended for one year on a first refusal — even if your DUI case is later dropped. Having an attorney fight the refusal allegation at a formal review hearing can be the difference between keeping and losing your driving privileges.
Administrative Suspension Procedure – §322.2615
The administrative suspension process is explained in Florida Statutes §322.2615:
322.2615 – Suspension of license; right to review
(1) A law enforcement officer shall suspend the privilege to operate a motor vehicle of any person arrested for a violation of s. 316.193 if the person has a blood-alcohol level or breath-alcohol level of 0.08 or higher or if the person refuses to submit to a breath, blood, or urine test.(2) The suspension shall be for a period of 6 months for a blood-alcohol level or breath-alcohol level of 0.08 or higher. The suspension shall be for a period of 1 year if the person refused to submit to testing.
(3) The driver may request a formal review of the suspension within 10 days after the date of arrest. If the review is not requested within this time, the right to challenge the suspension is waived.
This is where many first-time offenders lose their driving privileges unnecessarily. You have a strict 10-day deadline to request a hearing. A private attorney will ensure the request is filed, represent you at the hearing, and challenge whether the suspension was lawful.
Possible Reduction to Reckless Driving – §316.192
In some cases, it’s possible to negotiate a reduction from DUI to reckless driving.
Florida Statutes §316.192 provides:
316.192 – Reckless driving
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(2) Every person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
A reckless driving plea can avoid many of the consequences of a DUI, such as the mandatory license suspension and ignition interlock requirements. Achieving this outcome often requires showing weaknesses in the prosecution’s evidence, which is why having an attorney who knows what to look for is so important.
Common Defenses for First-Time DUI Charges
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Illegal Stop – If the officer lacked reasonable suspicion to stop you, all evidence obtained afterward can be suppressed.
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Improper Field Sobriety Testing – Poor lighting, uneven surfaces, or unclear instructions can invalidate the results.
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Breathalyzer Issues – Florida’s Administrative Code requires strict machine maintenance and operator certification. Failure to comply can make test results inadmissible.
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Rising Blood Alcohol – Your BAC could have been under the legal limit while driving but over the limit when tested.
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No Actual Physical Control – If you were not driving or in control of the vehicle, the state may not be able to prove its case.
Real Case Example – Dismissal for Illegal Stop
I once represented a client in Collier County who was stopped for “weaving” within his lane. The officer claimed my client’s eyes were glassy and his breath smelled of alcohol. A breath test registered .081, just over the legal limit. After reviewing the dashcam footage, we saw my client’s driving was safe and within the lane. We filed a motion to suppress based on lack of reasonable suspicion. The judge granted it, and the case was dismissed. Without aggressive legal work, my client would have faced a conviction.
Why Acting Quickly Matters
Every day you wait reduces the chances of building the strongest defense. Evidence can disappear, witnesses can forget details, and critical deadlines like the 10-day DMV hearing window can be missed. Having an attorney act immediately is often the difference between winning and losing.
Frequently Asked Questions About First-Time DUI Charges in Florida
What is the difference between a DUI and reckless driving in Florida?
A DUI in Florida requires proof that you were driving or in actual physical control of a vehicle while your normal faculties were impaired, or that your BAC was .08 or higher. Reckless driving, under §316.192, is driving with willful or wanton disregard for safety. The penalties for reckless driving are generally less severe, and in some cases, a DUI can be reduced to reckless driving through negotiation. This often depends on the evidence, such as breath test results, officer observations, and whether there were any aggravating factors. I work to identify weaknesses in the state’s case so we can pursue this type of reduction if it’s in your best interest.
How long will my license be suspended after a first-time DUI arrest?
If you took the breath test and blew .08 or higher, the Florida Department of Highway Safety and Motor Vehicles will impose a six-month suspension. If you refused testing, the suspension is one year for a first refusal. These are administrative penalties and are separate from any suspension ordered by the criminal court. You have just 10 days from your arrest to request a formal review hearing to challenge the suspension. I file these requests immediately for my clients so we can fight for their driving privileges.
Can I drive to work if my license is suspended?
If your license is suspended after a DUI arrest, you may qualify for a hardship license that allows you to drive for work, school, or essential purposes. To obtain one, you must enroll in DUI school and meet specific eligibility requirements. If you refused a breath test, it may be harder to qualify. I guide clients through the hardship application process and represent them before the Bureau of Administrative Reviews to improve their chances of approval.
Will a first-time DUI show up on my record forever?
Yes. A DUI conviction in Florida is permanent and cannot be sealed or expunged. This is why fighting the charge or seeking a reduction is so important. A reckless driving conviction, in some circumstances, can be sealed after the required waiting period if no other disqualifying convictions exist. My goal is always to prevent a permanent DUI conviction from going on my clients’ records whenever possible.
Do I have to do jail time for a first DUI in Florida?
While the statute allows for up to six months in jail, many first-time DUI offenders do not serve actual jail time if their case is handled correctly. Alternatives such as probation, community service, and DUI school are often available, especially if there are no aggravating factors. However, cases involving a BAC of .15 or higher, a crash, or a minor in the vehicle increase the risk of jail. I negotiate aggressively to avoid incarceration for my clients.
What happens if I refused the breath test?
Refusing the breath test triggers an automatic one-year administrative suspension for a first refusal. In court, the prosecution may try to argue that your refusal indicates consciousness of guilt, but this is not always persuasive to a judge or jury. I challenge the legality of the request for testing and whether the officer complied with the implied consent law. If the stop or arrest was unlawful, the refusal may not be admissible at all.
How much will a first-time DUI cost me?
The total cost can be significant. Fines range from $500 to $1,000 for a first conviction, plus court costs, DUI school fees, possible ignition interlock device expenses, and increased insurance premiums. If the case is handled poorly, the financial impact can easily exceed $10,000 over time. My job is to minimize both the legal and hidden costs by working toward dismissal, acquittal, or reduction.
Is it worth hiring a private DUI lawyer for a first offense?
Absolutely. A first DUI can have life-long consequences, and public defenders simply do not have the time or resources to fully investigate every case. I spend the necessary hours reviewing evidence, visiting the arrest location, cross-examining witnesses, and filing motions to suppress unlawfully obtained evidence. Even if the goal is a negotiated plea, having a strong defense often results in better offers from the state.
Can a DUI case be won without going to trial?
Yes. Many DUI cases are resolved favorably before trial through motions to suppress, motions to dismiss, or plea negotiations. I file pretrial motions to challenge traffic stops, breath test results, and other key evidence. If the state sees its case is weak, it may reduce or drop the charges. While I am always prepared to go to trial, my goal is to get the best result in the most efficient way possible.
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.