When you hold a professional license in Florida, a DUI arrest is never just about the possibility of fines, probation, or even jail time. It is about protecting the career you worked so hard to build. I have seen countless cases where the criminal charge itself was manageable, but the hidden threat—the administrative case before a licensing board—was the one that could end a person’s livelihood.

Florida is home to over 200 regulated professional occupations. From physicians and nurses to real estate agents, lawyers, commercial pilots, engineers, accountants, teachers, and cosmetologists, all of these professions are governed by agencies with their own disciplinary powers. These agencies often have the authority to take action based on conduct alone, regardless of the outcome in criminal court.

A DUI arrest immediately puts your reputation, your income, and your future at risk. That is why my first piece of advice is simple: do not wait until your court date. The moment you are arrested, the clock is ticking on both your criminal defense and your professional defense. As a private DUI defense attorney, I know how to manage both fronts to give you the best chance of protecting your record and your license.

The Florida DUI Law and Why It Matters for Your License

Florida’s primary DUI law is found in Section 316.193, Florida Statutes, which states:

“A person is guilty of the offense of driving under the influence… 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… 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.”

Penalties for a first conviction under §316.193(2) can include:

  • Fines ranging from $500 to $1,000
  • Probation up to one year
  • Up to six months in jail
  • Mandatory DUI school
  • A driver’s license suspension of six months to one year

While these penalties are serious, for licensed professionals, the consequences reach far beyond the courtroom. Many boards treat any alcohol-related offense as a sign of impaired judgment or unprofessional conduct.

Mandatory Reporting to Licensing Boards

Most Florida professional licensing boards require self-reporting of criminal charges or convictions within a set timeframe. Some require reporting of the arrest itself, not just the outcome.

For example:

  • Florida Board of Nursing: Under Section 456.072(1)(x), failing to report a criminal disposition is grounds for discipline. This applies even if adjudication is withheld.
  • Florida Bar: Rule 3-7.2 requires attorneys to notify the Bar within 10 days of a felony arrest and promptly report convictions.
  • Florida Real Estate Commission: Rule 61J2-8.021 requires the timely disclosure of any criminal conviction or plea.
  • Florida Board of Medicine: Failure to report within 30 days can result in fines, reprimand, or suspension.

I have had clients who were more concerned about the reporting obligation than the criminal charge itself. The truth is, failure to report can sometimes lead to harsher discipline than the underlying DUI. That is why a coordinated legal strategy—addressing both the court case and the administrative reporting—is so important.

Real Case Example: How Quick Action Saved a Doctor’s Medical License

I once represented a physician in Fort Myers who was stopped for allegedly weaving within his lane. He was polite and cooperative, but he refused the breath test because he had been advised in the past that refusal might help his case. The officer arrested him for DUI under §316.193, and he immediately faced suspension of his driver’s license under §322.2615 for refusal.

The Florida Board of Medicine requires licensed physicians to report criminal charges within 30 days. We moved fast. I requested a formal review hearing for the license suspension and began gathering dashcam footage. The video showed minimal driving issues and no evidence of impairment. At the hearing, we argued the stop was unsupported by probable cause under §901.151 (Florida Stop and Frisk Law). The suspension was overturned.

With the criminal case still pending, we negotiated a reduction to a non-alcohol-related traffic infraction. Because the case did not result in a DUI conviction, and because the physician reported timely with a full explanation, the Board of Medicine closed the administrative matter with no discipline. His license remained intact, and his hospital privileges were unaffected.

How DUI Arrests Trigger Disciplinary Authority

The Florida Department of Business and Professional Regulation (DBPR), Department of Health, and other agencies have broad authority under Chapter 456, Florida Statutes.

Under §456.072(1)(c):

“Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of the licensee’s profession” is grounds for discipline.

The phrase “regardless of adjudication” means you can still face consequences even if the judge withholds adjudication or you plead no contest. Boards often claim that a DUI “relates to the practice” of a profession because it reflects on judgment, responsibility, or public safety.

Defenses That Protect Both Your Criminal Case and Your License

When representing a licensed professional, I take a dual-track approach: defend aggressively in criminal court while managing the administrative exposure. Common defenses include:

Illegal Stop – If the officer lacked reasonable suspicion or probable cause, the stop and all resulting evidence can be suppressed.

Improper Field Sobriety Exercises – Officers must follow National Highway Traffic Safety Administration (NHTSA) guidelines, and many do not. Poor instructions or non-standard tests can undermine the State’s case.

Faulty Breath or Blood Testing – Florida Administrative Code Rule 11D-8 governs breath testing procedures. Improper calibration, expired solutions, or unqualified operators can make results inadmissible.

No Actual Physical Control – If you were not driving and the State cannot prove you had actual physical control, the case may be dismissed.

Each of these defenses not only impacts the criminal outcome but also strengthens your position before your board. A dismissal or reduction to reckless driving under §316.192 can be critical in keeping your license.

Why a Private Attorney Is Critical for Professionals

Public defenders are talented trial lawyers, but they cannot represent you in administrative proceedings before your licensing board. Your career requires a defense that anticipates every angle: criminal, administrative, and professional.

I work to:

  • Structure plea agreements to avoid statutory triggers for license discipline
  • Prepare accurate yet strategic self-reporting statements
  • Coordinate with licensing defense counsel
  • Seek reductions that preserve your eligibility for sealing or expungement under §943.0585 or §943.059

Consequences Beyond the Courtroom

A DUI arrest can affect more than your license:

  • Loss of employment due to contractual morality clauses
  • Loss of malpractice or liability insurance coverage
  • Loss of hospital privileges or professional appointments
  • Damage to your reputation in your field

Even a single arrest can trigger automatic reporting to national databases, including the National Practitioner Data Bank for health care providers, which can follow you for years.

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.

FAQs – DUI Arrests and Professional Licenses in Florida

Can I lose my professional license for a first-time DUI in Florida?

Yes. Many boards view a DUI as unprofessional conduct or conduct that reflects poorly on judgment. Even without prior offenses, discipline can include probation, fines, or suspension. The way the criminal case is resolved directly impacts what the board may do.

Do I have to report a DUI arrest to my licensing board?

Usually yes. Boards often require reporting within 30 days of arrest or conviction. Failure to report is itself a violation that can lead to harsher discipline. An attorney can help you prepare the report to meet requirements while protecting your legal position.

Will a DUI conviction automatically revoke my license?

Not necessarily, but for certain safety-sensitive professions—pilots, CDL holders, some health care providers—the consequences can be severe. Some boards impose mandatory suspension or require treatment programs before reinstatement.

If my DUI is reduced to reckless driving, do I still have to report it?

Yes, in most cases. Boards generally require reporting of any criminal disposition, not just DUI. However, a reckless driving disposition is usually less damaging than a DUI conviction when the board considers discipline.

Can I get a DUI expunged or sealed to protect my license?

A DUI conviction cannot be sealed or expunged in Florida. If the case is dismissed or reduced and adjudication is withheld, you may be eligible for sealing under §943.059, which can help limit access to the record.

Why do I need a private attorney if I already have a public defender?

A public defender cannot represent you before your licensing board, and their focus is on the criminal case only. A private attorney can manage both the criminal defense and the administrative defense, ensuring the strategy in one does not damage the other.

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.