How DUI Charges Work in Florida: Penalties, Process, and Your Defense Options

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In Florida, driving under the influence (DUI) can be proven two ways. Understanding the state’s requirements for a criminal offense and the potential defenses against such a charge are critical to getting fair treatment in a Florida court room.

An experienced criminal defense attorney can determine if police followed the correct procedures while looking for ways to get a DUI charge reduced. Understanding Florida’s “actual physical control” aspect of DUI is also important.

What Counts as DUI in Florida

In Florida, DUI is established by impairment of a person’s normal faculties or by a blood alcohol or breath alcohol level of .08 or above, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). And, in Florida, a driver may be charged even if their vehicle isn’t moving. Sleeping in the driver’s seat with the keys within reach constitutes “actual physical control” of the vehicle, and that can be enough for a DUI charge.

How Much a DUI Conviction Costs

Florida treats DUI offenses aggressively, with mandatory minimum fines that escalate quickly with subsequent charges. For instance:

  1. A first conviction on DUI charges carries a $500-$1,000 fine and a six-month jail term
  2. The fine increases to $1,000 to $2,000 if the driver’s blood alcohol level is .15 or higher, or if there was a minor in the vehicle
  3. Enhanced cases can also carry a nine-month jail term
  4. Probation, 50 hours of community service, “DUI school” and a mandatory 10-day vehicle impoundment are imposed for a first conviction
  5. Repeat offenders face mandatory jail terms (if the conviction is within 5 years of the first offense), and a third DUI within 10 years of a conviction or a fourth DUI at any time are charged as third degree felonies punishable with up to five years in prison and up to a $5,000 fine

The 10-Day Rule: Florida’s Two-Track System

A DUI launches two separate cases. While the criminal charge proceeds in the courts the FLHSMV launches an administrative case that suspends the suspect’s driver’s license regardless of the outcome of court proceedings. The accused has just 10 days from their arrest to request a hearing challenging the license suspension.

Implied Consent and a New Law That Raised the Stakes

All states, including Florida, have an implied consent law: by driving in Florida, people agree to submit to lawful breath, blood, or urine testing. Refusing to submit carries more serious consequences than it did in the past. Here’s what happens:

  1. Refusing a chemical sobriety test triggers an automatic license suspension of one year for the first refusal, 18 months for subsequent refusals
  2. Following Trenton’s Law, effective October 1, 2025, refusing breath or urine testing is a criminal offense: a second-degree misdemeanor for a first refusal and a first-degree misdemeanor for repeat refusals.
  3. Those who are visiting Florida should note that a suspension ordered in Florida can follow them home through the Driver License Compact

Closing Court Loopholes for DUI

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There are two more Florida-specific rules that make consequences of a DUI conviction almost impossible to avoid:

  1. Courts may “withhold adjudication” which means they decline to formally convict, but Florida laws specifically prevent that finding on a DUI charge
  2. Judges may not allow an alleged offender to plea to a lesser charge if their blood alcohol level was .15 or higher
  3. DUI convictions remain on a person’s driving record for 75 years without the opportunity to seal or expunge

Understanding and Exercising Your Defense Options

A DUI arrest is not a conviction but having the expertise of attorney Brian Casey can tip the scales in your favor. He will take prompt action to seek a review of the administrative suspension, then deploy common defense strategies such as attacking law enforcement’s reasonable suspicion for a traffic stop and improperly administered or calibrated field sobriety testing in an attempt to reduce the DUI to reckless driving. Some Florida counties also offer first offender diversion programs. Call for a consultation to get the best chance to protect your license and your record.