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Florida’s DUI laws are strict, and even a first-time offense can carry serious penalties such as fines, license suspension, probation, vehicle impoundment, and possible jail time. If you have been charged, it is critical to understand that an arrest is not a conviction, and you still have rights and options.
Under Florida law, you can be arrested for DUI by allegedly driving or being in actual physical control of a vehicle, while under the influence of alcohol, chemical substances, or controlled substances to the extent that your normal faculties were impaired; or,
You had blood or breath alcohol level (BAC) of 0.08 or higher.
Florida’s implied consent law says that when you drive in Florida, you are considered to have agreed to submit to a breath, blood, or urine test if you are lawfully arrested for DUI. If you refuse to submit to testing, you can face an immediate driver’s license suspension, criminal charges, and the refusal may also be used as evidence in your DUI case.
If you refuse to submit to testing, you can face an immediate driver’s license suspension, criminal charges, and the refusal may also be used as evidence in your DUI case.
Trenton’s Law: Florida has changed the stakes for DUI refusals. Under Trenton’s law, if a driver refuses a lawful breath or urine test on a DUI offense, that refusal will now lead to an administrative license suspension and a criminal charge, including a second-degree misdemeanor for a first refusal and a first-degree misdemeanor for repeat refusal.
Prior to Trenton’s law, only administrative penalties applied for a first-time refusal, with criminal charges reserved for a repeat refusal.
The length of an administrative suspension depends on whether or not you submitted to testing.
Because a DUI refusal can affect both your driving privileges and your criminal record, anyone facing a DUI refusal should speak with a Pace DUI lawyer as soon as possible.
When you are arrested for DUI, law enforcement will typically seize your physical driver's license and issue a citation that serves as a 10-day temporary driving permit.
You have two main options during this 10-day window:
One, you or your attorney can request a formal review hearing through the Bureau of Administrative Reviews (BAR) to challenge the administrative suspension of your license. This allows you to contest the traffic stop, the officer's probable cause, or the breath test results. Winning this hearing may invalidate the suspension.
Two, you can waive your right to an administrative hearing and seek a restricted or hardship license (often referred to as a Business Purpose Only license). This generally requires enrollment in Florida’s 12 Hour ADI (Advanced Driver Improvement) course, obtaining a copy of your 30-day driving record, and submitting an application for administrative hearing along with your 30-day driving record. Of course, you will be responsible for paying any administrative fees.
If you let the 10-day window expire without requesting a hearing or applying for a hardship permit, your license suspension will automatically take effect on day 11. Depending on whether you took a breathalyzer or refused it, you will face an automatic hard suspension period where you cannot legally drive at all. Driving on a suspended driver’s license may result in additional criminal charges, and the court revoking your bond on the DUI offense.
An administrative driver’s license suspension is completely separate and apart from a criminal DUI driver’s license suspension. In other words, you may two have separate license suspensions with the administrative suspension occurring at the beginning of your case, and the criminal suspension occurring at the end of your case if you enter into a plea agreement or are found guilty at trial.
The penalties and punishments the court may impose for a DUI depends how the offense is charged.
Florida law requires the court to adjudicate you guilty regardless if you have little to no prior record. Meaning the court cannot withhold adjudication resulting in a formal conviction for DUI and permanent criminal record.
Florida law treats certain DUI offenses more seriously when specific factors are present. For example, cases involving a BAC of .15 or higher, a minor in the vehicle, injury, property damage, death, or repeat offenses are considered aggravating factors leading to enhanced penalties or felony charges.
A DUI conviction may trigger your auto insurer to reclassify you as a high-risk driver causing your insurance premiums to double or triple, or potentially lead to your insurer cancelling your auto policy.
| Offense | Fine | Jail Time | Probation | License Revocation | Vehicle Impound | Ignition Interlock | Additional Penalties |
|---|---|---|---|---|---|---|---|
| 1st DUI | $500–$1,000 | Up to 6 months | Up to 1 year / + cost of supervision | 180 days–1 year | 10 days | N/A. Court’s Discretion | DUI school; 50 hours community service; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 1st DUI (BAC 0.15+ or Minor Passenger) | $1,000–$2,000 | Up to 9 months | Up to 1 year / + cost of supervision | 180 days–1 year | 10 days | Minimum 6 months | DUI school; 50 hours community service; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 2nd DUI within 5 years | $1,000–$2,000 | Mandatory 10 days. / Up to 9 months | Up to 1 year / + cost of supervision | Minimum 5 years | 30 days | Minimum 1 year | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 2nd DUI within 5 years (BAC 0.15+ or Minor Passenger) | $2,000-$4,000 | Mandatory / 10 Days. Up to 1 year | Up to 1 year / + cost of supervision | Minimum 5 years | 30 days | Minimum 1 year | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court Costs; Costs of prosecution |
| 2nd DUI outside 5 years | $1,000-$2,000 | Up to 9 months | Up to 1 year + cost of supervision | 180 days-1 year | 10 days | Minimum 1 year | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 2nd DUI outside 5 years (BAC 0.15+ or Minor Passenger) | $2,000-$4,000 | Up to 1 year | Up to 1 year + costs of supervision | 180 days-1 year | 10 days | Minimum 2 year | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 3rd DUI within 10 years / ( 3rd Degree Felony) | $2,000- $5,000 | Mandatory 30 days. Up to 5 years prison | Up to 5 years / + costs of supervision | Minimum 10 years | 90 days | Minimum 2 years | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 3rd DUI within 10 years (BAC 0.15+ or Minor Passenger) (3rd Degree Felony) | $4,000-$5,000 | Mandatory 30 days. Up to 5 years prison | Up to 5 years / + costs of supervision | Minimum 10 years | 90 days | Minimum 2 years | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 3rd DUI outside 10 years | $2,000-$5,000 | Up to 1 year | Up to 1 year + costs of supervision | 180 days-1 year | 10 days | Minimum of 2 years | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 3rd DUI outside 10 years (BAC 0.15+ or Minor Passenger) | $4,000-$5,000 | Up to 1 year | Up to 1 year + costs of supervision | 180 days-1 year | 10 days | Minimum of 2 years | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 4th or Subsequent DUI (3rd Degree Felony) | $2,000-$5,000 | Up to 5 years prison | Up to 5 years + / costs of supervision | Permanent revocation | 90 days | Minimum of 2 years | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
| 4th or Subsequent DUI (BAC 0.15+ or Minor Passenger) (3rd Degree Felony) | $2,000-$5,000 | 0, 10, or 30 days depending on age of prior DUI. Up to 5 years prison | Up to 5 years + / costs of supervision | Permanent revocation | 90 days | Minimum of 2 years | Multi offender DUI school; Substance abuse evaluation & treatment; Radum urine & breath testing; Court costs; Costs of prosecution |
A Pace DUI lawyer may examine every aspect of your case, including the legality of the traffic stop, the administration of field sobriety exercises, reading of implied consent, and accuracy of the breath, urine, or blood testing results.
A DUI case begins with the traffic stop. Law enforcement must have a reasonable suspicion that a traffic violation or criminal offense occurred before initiating a stop. If law enforcement lacked a lawful basis, any evidence obtained afterward including field sobriety exercises, breath test results, or statements made by you may be excluded, which may lead to reduced charges or even dismissal of the DUI case.
Standardized Field Sobriety Tests (SFSTs) are commonly used in DUI investigations, but they are not always reliable indicators of impairment. Performance can be affected by medical conditions, fatigue, age, weather, uneven surfaces, improper footwear, and other factors unrelated to alcohol or drugs. If law enforcement failed to follow standardized procedures or administered the tests under improper conditions, the results may be challenged.
In Florida, the implied consent warning is read after a lawful DUI arrest and before an officer requests a breath, blood, or urine test. Florida law requires law enforcement to advise drivers of the consequences of refusing the test. There is a limited exception if a person is unconscious or otherwise incapable of refusing a blood test. If law enforcement failed to properly read the implied consent warning or did not comply with Florida's implied consent requirements, the admissibility of the test or refusal evidence may be challenged.
Before administering a breath test, Florida law requires officers to observe the driver for at least 20 minutes to ensure nothing occurs that could affect the results, such as eating, drinking, smoking, or vomiting. If law enforcement failed to follow this required observation period, the accuracy and reliability of the breath test may be challenged.
Breath test results are not always accurate or admissible. Breath testing instruments must be properly maintained, calibrated, and operated according to strict legal requirements. If the machine was improperly maintained, malfunctioned, or the officer failed to follow required procedures, the breath test results may be suppressed. In some cases, excluding this evidence can lead to reduced charges or dismissal of the DUI case.
In some DUI investigations, law enforcement may request a urine sample to test for alcohol, controlled substances, or certain medications, particularly when a driver's breath test result is below the legal limit of 0.08. However, urine test results are not always reliable and may be challenged.
A urine test does not measure a person's level of impairment at the time of driving. Instead, it detects the presence of substances or metabolites that can remain in the body long after they are ingested. As a result, a positive urine test does not necessarily prove a driver was impaired.
Blood test results are often considered some of the strongest evidence in a DUI prosecution, particularly in cases involving death or serious bodily injury, or when obtaining a breath or urine sample is impossible or impractical.
Under Florida law when law enforcement has probable cause to believe that a driver was operating a motor vehicle under the influence of alcohol, a chemical substance, or a controlled substance, and that the driver caused a crash resulting in death or serious bodily injury, the officer shall require the driver to submit to a blood test. This is commonly referred to as a “forced” blood draw.
The blood sample must be obtained by a qualified medical professional, and the statute allows law enforcement to use reasonable force when necessary to obtain the sample. In these limited circumstances, the blood draw is not required to be conducted as part of a lawful arrest before the sample may be obtained. For a typical misdemeanor or felony DUIs not involving death or serious bodily injury law enforcement generally must obtain a warrant to force a blood draw.
Although Florida law provides this exception for serious DUI-related crashes, law enforcement must still satisfy the statutory requirements and constitutional protections governing searches and seizures. A challenge may be appropriate when officers lack probable cause, the circumstances do not meet the requirements of the statute, or the blood draw was conducted improperly.
If you or a loved one were arrested for DUI in Pace, Florida or in Northwest Florida, you do not have to face the criminal justice system alone. Consulting with a Pace DUI lawyer as soon as possible helps ensure your rights are protected and that you understand your legal options from the outset.
Contact Pape Law today or complete our online contact form to schedule a free consultation with a Pace DUI lawyer. Consultations are available by appointment only.
The information contained in this website is for general educational purposes only and is not intended to provide legal advice. Viewing this website does not create an attorney-client relationship.