Understanding DUI Charges and Defense Strategies Under Florida Law
Getting arrested for driving under the influence (DUI) in Florida can be overwhelming, but it does not mean a conviction is automatic. DUI cases have weaknesses, and many defenses can be used to challenge the charges. Whether it’s improper police procedure, faulty testing equipment, or violations of constitutional rights, there are several ways to fight a DUI charge.
Defining DUI Under Florida Law
Under Florida Statutes § 316.193, a person commits DUI when they:
- Operate or are in actual physical control of a vehicle while
- Under the influence of alcohol, drugs, or controlled substances to the extent that their normal faculties are impaired, or
- Have a blood alcohol concentration (BAC) of 0.08% or higher
Unlike some states, Florida law does not require a person to be actively driving to be charged with DUI. Simply sitting in the driver’s seat with the keys in the ignition can result in an arrest.
The Consequences of a DUI Conviction in Florida
DUI penalties depend on prior offenses, BAC level, and aggravating factors.
First DUI Conviction
- Up to 6 months in jail
- License suspension of 6 to 12 months
- Fines between $500 and $1,000
- 50 hours of community service
- Vehicle impoundment for 10 days
Second DUI Conviction
- Up to 9 months in jail (or 12 months if BAC is 0.15% or higher)
- License suspension of at least 5 years if within 5 years of the first offense
- Fines between $1,000 and $2,000
- Mandatory ignition interlock device (IID)
Third DUI Conviction (Felony if within 10 years of the prior DUI)
- Up to 5 years in prison
- Minimum license revocation of 10 years
- Fines up to $5,000
- Mandatory IID for at least 2 years
A DUI conviction stays on your record for 75 years in Florida and cannot be sealed or expunged. Because of these harsh penalties, it is critical to explore every possible defense.
Defenses That Can Help Get a DUI Dismissed
Challenging the Traffic Stop
Under Florida Statutes § 901.151, police must have reasonable suspicion to stop a vehicle. If the officer did not have a valid reason, any evidence gathered afterward could be suppressed, which may result in the case being dismissed.
No Probable Cause for Arrest
Even if the stop was legal, the officer must have probable cause to make an arrest. If the DUI arrest was based only on vague observations like "red eyes" or "slurred speech," without additional evidence, it may not hold up in court.
Breathalyzer Test Errors
Breath tests must follow strict guidelines under Florida Statutes § 316.1934. If the breathalyzer machine was improperly calibrated, not maintained, or the officer failed to observe you for 20 minutes before testing, the results may be unreliable.
Field Sobriety Test Issues
Field sobriety tests (FSTs) are highly subjective. Many factors can cause poor performance, including:
- Uneven pavement
- Medical conditions
- Anxiety or fatigue
- Poor lighting
The National Highway Traffic Safety Administration (NHTSA) recognizes that these tests are not 100% accurate. If the officer failed to follow proper procedures, the test results can be challenged.
Illegal DUI Checkpoints
DUI checkpoints must follow constitutional guidelines. If officers failed to use a neutral selection process, detained drivers too long, or did not follow Florida checkpoint regulations, the evidence collected may be thrown out.
Lack of Actual Physical Control
Florida law requires that a person be in actual physical control of a vehicle. If you were sitting in a parked car or sleeping in the backseat, it may be possible to argue that you were not operating the vehicle and should not be charged.
What Happens If You Refuse a Breathalyzer Test?
Florida has an Implied Consent Law under Florida Statutes § 316.1932, meaning that anyone with a driver’s license agrees to submit to a breath, blood, or urine test if lawfully arrested for DUI.
Consequences of Refusal
- First Refusal: 1-year license suspension
- Second or Subsequent Refusal: 18-month license suspension and a first-degree misdemeanor
While refusing a test means no breathalyzer results, the prosecution can argue refusal as an admission of guilt. However, breath test refusals can also limit the evidence against you, making it harder to prove impairment.
How to Protect Your License After a DUI Arrest
After a DUI arrest, you have 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you do not act within this timeframe, your license will be automatically suspended.
At the hearing, we can challenge the suspension by arguing:
- The officer lacked probable cause
- The breath test was unreliable
- You were not properly informed of the consequences of refusal
If successful, your license can be reinstated or you may qualify for a hardship license, allowing you to drive for work or school.
Florida DUI Defense FAQs
What is the best defense against a DUI in Florida?
The best defense depends on the facts of the case. Common strategies include arguing that the traffic stop was illegal, the breath test was unreliable, or the officer lacked probable cause to make the arrest. Every DUI case is different, so building a strong defense requires a careful review of the evidence.
Can DUI charges be reduced in Florida?
Yes. In many cases, DUI charges can be reduced to reckless driving under Florida Statutes § 316.192. This is often called a "wet reckless" plea, which carries fewer penalties and does not result in a mandatory license suspension.
How long does a DUI stay on your record in Florida?
A DUI conviction stays on your record permanently in Florida and cannot be expunged or sealed. This is why it is critical to fight the charges before they result in a conviction.
What happens if I refuse a breath test in Florida?
Refusing a breathalyzer test results in an automatic license suspension under Florida’s Implied Consent Law. A first refusal leads to a one-year suspension, while a second refusal can lead to an 18-month suspension and criminal charges.
Can a first-time DUI be dismissed in Florida?
Yes, but dismissals depend on the circumstances. If the traffic stop was illegal, field sobriety tests were administered incorrectly, or the prosecution lacks sufficient evidence, the charges may be dropped or reduced.
Will I go to jail for my first DUI in Florida?
Jail time is possible, but not mandatory for most first-time DUI offenses. If there are no aggravating factors, such as an accident or high BAC, the court may offer probation, fines, and community service instead of jail.
Do I need a lawyer for a DUI in Florida?
Yes. DUI cases involve complex legal issues, and an attorney can challenge the evidence, negotiate plea deals, and fight for reduced charges or dismissals. Without a lawyer, the chances of facing maximum penalties increase.
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 in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.