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Pensacola DUI Attorney

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A DUI arrest in Florida is not just a traffic matter — it triggers both a criminal case and an administrative action against your license, and you have a narrow window to respond to both. Camryn Pape is a former Assistant Public Defender in Florida's First Judicial Circuit with extensive jury trial experience. At Pape Law, PLLC, he handles your DUI defense personally, from the first consultation through resolution.

Serving Escambia, Santa Rosa, and Okaloosa counties.

Section: What a DUI Charge Means in Florida

Under Florida law, you can be charged with DUI if you are driving or in actual physical control of a vehicle while impaired by alcohol, a controlled substance, or any chemical substance — or if your blood alcohol content (BAC) is .08 or higher. That last point matters: you can be arrested even if you don't feel impaired, based solely on a breath or blood test result.

A DUI in Florida is both a criminal charge and a license matter handled separately by the Department of Highway Safety and Motor Vehicles (DHSMV). These run on different tracks. You need to address both, and the clock on the license issue starts immediately after arrest.

Section: The 10-Day Window — Act Now

This is the most time-sensitive part of a DUI arrest.

When you are arrested for DUI in Florida, your license is typically suspended on the spot. You have 10 days from the date of arrest to request a formal review hearing with the DHSMV — or waive that right and apply for a hardship license. If you miss this window, the suspension goes into effect automatically and you lose the right to contest it administratively.

This 10-day deadline applies regardless of what happens in your criminal case. The two proceedings are independent.

Contact Pape Law as soon as possible after a DUI arrest. Getting an attorney involved in the first 24–48 hours gives you the best chance of protecting your driving privileges while your criminal case is pending.

Section: Florida's Implied Consent Law

When you drive in Florida, you are considered to have given your consent to a lawful breath, blood, or urine test if a law enforcement officer has probable cause to believe you are driving under the influence. This is Florida's implied consent law.

What this means in practice:

  • Refusing a breath test carries its own consequences — an automatic one-year license suspension for a first refusal, 18 months for a second or subsequent refusal. A second refusal can also be charged as a separate misdemeanor.
  • Refusing a test does not prevent a DUI charge. Prosecutors can and do use refusal as evidence at trial.
  • A blood draw can be compelled in certain circumstances, including serious bodily injury accidents and situations where breath testing is unavailable.

There is no clean answer to "should I refuse the test?" — it depends on your specific situation. That's one more reason to have an attorney's number saved before you ever need it.

Section: DUI Penalties in Florida

First Offense

A first DUI conviction in Florida (without aggravating factors) carries:

  • Fine: $500–$1,000 (up to $2,000 if BAC was .15 or higher, or a minor was in the vehicle)
  • Probation: Up to one year
  • Jail time: Up to six months (up to nine months with aggravating factors)
  • License revocation: Minimum 180 days, up to one year
  • 50 hours of community service
  • Mandatory DUI school and substance abuse evaluation
  • Vehicle impoundment: 10 days
  • Ignition interlock device: Required if BAC was .15 or higher or a minor was present

A first offense DUI is typically a second-degree misdemeanor, but it can be elevated depending on the circumstances.

Second Offense

  • Fine: $1,000–$2,000 (higher with aggravating factors)
  • Jail time: Up to nine months; mandatory minimum of 10 days if within five years of a prior conviction
  • License revocation: Minimum five years if within five years of a prior conviction
  • Ignition interlock device: Mandatory for at least one year (two years if within five years of prior)
  • Vehicle impoundment: 30 days

Third Offense and Beyond

A third DUI within 10 years of a prior DUI conviction is a third-degree felony in Florida — punishable by up to five years in prison. A fourth or subsequent DUI is a felony regardless of when the prior convictions occurred. The penalties escalate significantly, and a felony DUI conviction carries long-term consequences beyond the sentence itself.

Aggravated DUI

Certain factors can increase penalties at any level: a BAC of .15 or higher, a minor in the vehicle, property damage, or bodily injury to another person. DUI with serious bodily injury is a third-degree felony. DUI manslaughter is a second-degree felony with a minimum mandatory four-year prison sentence, and can be elevated to a first-degree felony if the driver left the scene.

Section: What Happens to Your License

Florida uses a two-track system for DUI license actions:

Administrative Suspension (DHSMV) This is triggered automatically at arrest — not by conviction. If you submitted to a breath or blood test and registered .08 or above, your license is suspended for six months on a first offense. If you refused testing, the suspension is one year. This is where the 10-day window matters. A DHSMV hearing can result in invalidation of the suspension or issuance of a hardship license allowing you to drive to work or school while your case is pending.

Criminal Revocation (Court) If you are convicted of DUI, the court imposes a separate license revocation. The length depends on your offense level and history. In some cases, you may be eligible for a hardship license after a waiting period; in others, you are not.

An attorney can work on both tracks simultaneously — contesting the administrative suspension while defending the criminal charge.

Section: How an Attorney Challenges a DUI

A DUI charge is not a guaranteed conviction. There are multiple points in the process where the evidence can be challenged.

The Traffic Stop

Law enforcement must have a lawful reason to stop your vehicle — a traffic violation, equipment issue, or reasonable suspicion of criminal activity. If the stop was not legally justified, evidence gathered after it — including any breath or blood test — may be suppressible. Suppression of key evidence can result in a reduced charge or dismissal.

Field Sobriety Tests

The Standardized Field Sobriety Tests (SFSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are not foolproof. Performance on these tests can be affected by medical conditions, physical limitations, uneven pavement, inadequate lighting, officer instruction errors, and scoring inconsistencies. The officer administering the tests must follow specific protocols; deviation from those protocols can undermine the results. These are subjective evaluations — and they can be contested.

Breathalyzer Evidence

Florida uses the Intoxilyzer 8000 as its approved breath testing instrument. Breath test results are subject to challenge on multiple grounds: whether the instrument was properly maintained and calibrated, whether the officer was certified to administer the test, whether the required observation period was followed, and whether medical conditions such as GERD, diabetes, or a high-protein diet could have produced a falsely elevated reading. A number that looks straightforward on paper often isn't.

Blood Test Evidence

When blood is drawn, the chain of custody, lab procedures, and proper preservation all become relevant. Errors in any of those areas can affect the reliability and admissibility of the result. Blood test evidence is not automatically reliable simply because it involves a lab.

Section: What to Do After a DUI Arrest

  1. Do not discuss the incident with anyone except your attorney. This includes law enforcement, the prosecutor, and well-meaning friends. Anything you say can be used against you.
  2. Note the 10-day deadline. Contact an attorney immediately so the DHSMV hearing request can be filed in time.
  3. Write down everything you remember — the sequence of events, what was said, road and weather conditions, how the tests were administered. Detail fades quickly.
  4. Don't assume a plea is your only option. Many DUI cases have defensible issues. An attorney can evaluate the evidence and tell you honestly what you're working with.

Section: Camryn Pape — DUI Defense in Pensacola

Camryn Pape spent years as an Assistant Public Defender in Florida's First Judicial Circuit — the same circuit that covers Escambia, Santa Rosa, and Okaloosa counties. he has tried cases before juries, negotiated with the same prosecutors, and worked inside the same courthouses where your case will be heard.

At Pape Law, he handles every DUI case personally. You won't talk to a paralegal when you call. Your case won't be reassigned. Free consultations are available in person, by phone, or on Zoom.

DUI is also part of a broader criminal defense practice. If you're facing other charges alongside a DUI — or want to understand how it fits into your overall situation — see the Criminal Defense page.

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Arrested for DUI in Pensacola or the surrounding area? The 10-day window to protect your license is already running. Don't let it expire.

Schedule a Free Consultation | Call (850) 450-8284