Practical Defense Approaches Under Florida Law and Why the Right Attorney Makes the Difference
Being arrested for DUI in Florida is one of the most stressful and overwhelming experiences a person can face. The law comes down hard on drunk and drug-impaired driving, and prosecutors are trained to push for convictions. Florida’s DUI laws are strict, the penalties are serious, and the impact on your life can be devastating. A conviction can lead to jail time, fines, license suspension, ignition interlock requirements, skyrocketing insurance rates, and a permanent criminal record.
I have represented clients facing DUI charges throughout Florida for years, and I can tell you that the outcome of your case is rarely determined on the day you are arrested. The fight is in the courtroom, and the strength of that fight depends on having a lawyer who knows how to find problems with the state’s case. My role is to look at every angle — from the moment an officer first noticed your vehicle to the way the evidence was collected and tested — to find grounds for suppression, dismissal, or acquittal.
Florida law allows for a number of defenses to DUI charges, but these defenses are not one-size-fits-all. The key is matching the facts of your case to the right legal strategy. In this article, I will explain the law, go through common defense strategies, and share an example of a real case where we were able to secure a victory for our client.
Understanding Florida’s DUI Law
The primary DUI statute is Florida Statute §316.193, which states:
“A person is guilty of the offense of driving under the influence and is subject to punishment… 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; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”
The statute also outlines escalating penalties for repeat offenses, DUIs involving accidents with injuries, and DUIs with minors in the vehicle. It’s important to note that the law covers both impairment and per se violations based on BAC level. This means the state can try to prove a DUI even if your BAC was below 0.08, as long as they claim your normal faculties were impaired.
This broad definition is why an experienced attorney is essential. The prosecution’s case may rest on an officer’s opinion about your impairment or on chemical test results. Both can be challenged.
Strategies Your Lawyer Might Use
Challenging the Traffic Stop
Under the Fourth Amendment and Florida law, an officer must have a lawful reason to stop you. If the initial stop was unlawful — for example, based solely on a hunch without reasonable suspicion of a traffic violation or criminal activity — the evidence gathered afterward may be suppressed. Florida courts have thrown out DUI cases when the stop was not legally justified. If the stop falls apart, so does the case.
Questioning Field Sobriety Exercises
Field sobriety tests are often subjective. Florida does not mandate that an officer administer these tests, but if they do, the National Highway Traffic Safety Administration (NHTSA) guidelines require specific instructions and conditions. Poor lighting, uneven surfaces, medical conditions, fatigue, or improper instructions can all invalidate the officer’s conclusions.
Attacking Breath Test Results
Florida’s Implied Consent Law, found in §316.1932, requires drivers to submit to approved chemical testing if lawfully arrested for DUI. However, the state must prove the testing device was properly maintained, calibrated, and operated by a certified technician. If there are gaps in the maintenance logs or if the officer failed to observe you for the required 20 minutes before testing, the results may be excluded.
Disputing Blood or Urine Tests
Blood draws are strictly regulated under §316.1933, which permits them only in certain DUI cases involving serious injury or death, or if you consent. Urine testing is generally used for suspected drug impairment, but lab contamination, chain of custody issues, or improper storage can undermine reliability.
Medical and Alternative Explanations for Impairment
Conditions such as diabetes, neurological disorders, or even dental work can mimic signs of impairment. For example, hypoglycemia can cause slurred speech and unsteady movements. Acid reflux can artificially inflate breath test results by introducing alcohol vapor from the stomach.
Arguing Lack of Actual Physical Control
Florida law allows DUI charges if you are in “actual physical control” of a vehicle, even if you are not driving. However, whether you had the ability to operate the vehicle at the time is a factual question. If you were sleeping in a parked car with the keys out of reach, we may argue you were not in actual control.
Why You Need a Private DUI Attorney for These Defenses
Public defenders are skilled, but they are often overloaded with cases and limited in resources. A private attorney can dedicate the time to conduct a thorough investigation, hire expert witnesses, and challenge the state’s evidence aggressively. Every DUI defense requires tailored preparation. It’s not enough to simply know the law; you need someone who will use it strategically for your benefit.
Real Case Example We Won
One of my clients was stopped at a late-night checkpoint. The officer claimed my client’s eyes were bloodshot and speech was slurred. Field sobriety tests were conducted on uneven pavement near flashing lights from patrol cars. My client had a BAC reading of 0.09.
We obtained the breath test maintenance records and discovered the device had failed a diagnostic check three weeks earlier and had not been recalibrated properly. Additionally, we had a medical expert explain that my client’s bloodshot eyes were due to allergies, not alcohol. We filed a motion to suppress the breath test results and the judge granted it. With no chemical evidence and weak field test observations, the prosecutor dismissed the case.
Additional Florida Laws That Impact DUI Cases
License Suspension – §322.2615
If you blow over 0.08 or refuse a test, your license is subject to immediate administrative suspension. You have only 10 days from the arrest to request a formal review hearing. Missing that deadline can mean months without driving privileges.
Penalties for Refusal – §316.1939
A first refusal can add a one-year license suspension. A second refusal can be prosecuted as a first-degree misdemeanor with up to one year in jail.
Hardship Licenses – §322.271
You may qualify for a hardship license to drive for work, school, or medical needs. Applying requires proof of enrollment in DUI school and meeting other conditions.
Florida DUI Defense FAQs
What is the legal limit for DUI in Florida?
Florida law sets the legal BAC limit at 0.08 for drivers 21 and older. For drivers under 21, any BAC of 0.02 or higher can lead to penalties. Commercial drivers face a limit of 0.04. Even if you are below these numbers, the state can still prosecute if it claims you were impaired.
Can I refuse a breath test in Florida?
Yes, but refusal carries serious consequences under the Implied Consent Law. A first refusal leads to a one-year license suspension. A second refusal is a separate misdemeanor offense. Refusing may prevent the state from having chemical evidence, but it can still be used against you in court.
What happens at the DMV hearing after a DUI arrest?
You have 10 days to request a hearing to challenge your license suspension. This is separate from your criminal case and handled by the Florida Department of Highway Safety and Motor Vehicles. Winning the hearing can restore your driving privileges while your case is pending.
Are DUI checkpoints legal in Florida?
Yes, if they meet strict constitutional and statutory requirements. The checkpoint must be properly authorized, publicized in advance, and conducted according to a written plan. Any deviation from the plan can result in evidence being suppressed.
Can medical conditions affect DUI charges?
Absolutely. Conditions like diabetes, seizures, or even fatigue can produce symptoms mistaken for impairment. Certain conditions can also cause inaccurate breath test readings. A skilled attorney can present medical evidence to challenge the state’s conclusions.
How long does a DUI stay on my record in Florida?
A DUI conviction stays on your driving record for 75 years. This is why avoiding a conviction through dismissal, acquittal, or reduction is so important.
Can a first-time DUI be reduced to reckless driving?
Yes, in some cases. This is known as a “wet reckless” plea. It carries fewer penalties and does not have the same long-term consequences as a DUI conviction.
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.