DUI Defense

A Florida DUI arrest starts two separate cases at once — a criminal case and an administrative case against your driver license. You have only 10 days to act on the second one.

Overview

Two Cases, One Deadline

When you are arrested for DUI in Florida, the officer typically takes your license and issues a citation that acts as a temporary permit. From that date you have 10 days to request a formal review hearing with the DHSMV. Miss it, and the suspension takes effect automatically.

The criminal case runs on its own track. A first conviction carries fines, probation, community service, DUI school, possible vehicle immobilization, and a permanent conviction that cannot be sealed in Florida. Penalties escalate sharply with prior offenses, a high breath reading, or a minor in the vehicle.

DUI cases are also unusually technical, which is where defenses live. Breath instruments require documented maintenance and calibration. Field sobriety exercises have strict administration standards. The stop itself must be supported by reasonable suspicion. Each of these is a place where the state's case can fail.

Case Types

How DUI Cases Are Challenged

No reasonable suspicion for the traffic stop
No probable cause for the arrest
Improperly administered field sobriety exercises
Breath instrument maintenance and calibration failures
Failure to observe the required 20-minute pre-test period
Medical conditions and diet affecting breath results
Rising blood alcohol at the time of driving
Blood draw chain-of-custody problems
Unlawful checkpoint procedures
Miranda and statement suppression issues
Video contradicting the officer's written report
Refusal cases and implied consent warnings

How It Works

Our Approach to Your Case

Protect the License

We file the DHSMV hearing request within the 10-day window and use that hearing to cross-examine the officer under oath — often before the criminal case has even begun.

Attack the Evidence

We obtain the maintenance records for the breath instrument, review body camera footage frame by frame, and evaluate whether the exercises were administered to standard.

Resolve or Try

Many DUI charges can be reduced to reckless driving, which is sealable, or dismissed outright. Where the state's case holds, we prepare for trial.

FAQ

Frequently Asked Questions

What happens if I refused the breath test?+

Refusal triggers a one-year administrative license suspension for a first refusal, and a second refusal is a separate criminal misdemeanor. However, the state loses its breath evidence, which can make the criminal case significantly harder to prove.

Can a Florida DUI be expunged?+

No. A DUI conviction in Florida cannot be sealed or expunged and stays on your record permanently. This is a major reason to fight for a reduction to reckless driving, which can be sealed if the case is resolved correctly.

Will I lose my license immediately?+

Your citation usually serves as a temporary permit for 10 days. Requesting a formal review within that window preserves driving privileges while the hearing is pending, and can result in the suspension being invalidated entirely.

Do I have to go to court myself?+

For most misdemeanor DUI appearances your attorney can appear on your behalf, though certain hearings require your presence. We tell you exactly which dates you need to attend.

What are the penalties for a first DUI in Florida?+

A first offense generally carries up to $1,000 in fines, up to six months in jail, 12 months of probation, 50 hours of community service, DUI school, and a license suspension. Penalties increase with a breath reading of .15 or higher.

Where We Serve

Arrested for DUI? The 10-Day Clock Is Already Running.

Use the live chat at the bottom of your screen — day or night. We respond quickly and fight hard for you.