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Criminal Defense · Practice Area

Florida DUI Defense Attorney

Florida DUI defense representation — challenging the stop, breath/blood tests, administrative license suspensions, and building aggressive defenses under Fla. Stat. § 316.193.

Florida DUI Defense Attorney | Challenging Drunk Driving Charges Statewide

Facing a DUI charge in Florida can be daunting, with penalties more severe than in many other states. But with Bernhardt Riley, Attorneys at Law, PLLC, you have a team that understands the complexities of DUI law and the nuances of an effective defense strategy. Our DUI defense team — led by former prosecutors — is ready to stand with you.

With a strong presence in Palm Harbor and offices in Destin, Tampa, and Clearwater, our firm offers experienced legal representation to challenge DUI charges and work toward a favorable outcome. We meticulously review the details of your case — from the traffic stop to the breathalyzer or field sobriety tests — to ensure your rights are respected at every turn. Our goal is to provide an aggressive defense that minimizes the potential consequences of a DUI charge.

Florida DUI Law: Fla. Stat. § 316.193

Florida’s DUI statute, § 316.193, Florida Statutes, defines the offense of Driving Under the Influence. A person commits DUI if they are driving or in actual physical control of a vehicle and either:

  1. Are under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that their normal faculties are impaired; or
  2. Have a blood-alcohol level (BAL) or breath-alcohol level (BrAC) of 0.08 or higher (0.02 for drivers under 21; 0.04 for commercial drivers).

Penalties escalate quickly with prior offenses, accidents, minors in the vehicle, or very high BAL readings. A DUI conviction in Florida cannot be sealed or expunged, which makes fighting the charge at the outset especially important.

Potential Penalties for a Florida DUI

The exact penalty depends on priors, BAL, and case facts, but Florida’s DUI framework generally includes:

  • First offense: up to $1,000 fine, up to 6 months jail, 6–12-month license revocation, 50 hours community service, DUI school, vehicle impoundment
  • Second offense: higher fines, up to 9 months jail (5 years if within 5 years of a prior), ignition interlock device (IID) for at least 1 year, longer license revocation
  • Third offense within 10 years: felony exposure, lengthy license revocation, mandatory IID
  • DUI with property damage, injury, or serious bodily injury: enhanced penalties, including felony charges and longer incarceration exposure
  • DUI manslaughter: second-degree felony with mandatory minimum prison time

Collateral consequences can include insurance surcharges, employment impact (especially for CDL holders and professional licensees), immigration consequences for non-citizens, and long-term license and background-check effects.

Driver’s License Suspension After a Florida DUI Arrest

A critical aspect of any DUI case in Florida involves the driver’s license. Under Florida’s implied consent law (Fla. Stat. § 316.1932), you are deemed to have consented to approved chemical tests when lawfully arrested for DUI. Refusing a breath, blood, or urine test carries administrative consequences.

You must act swiftly — generally within 10 days of your arrest — to either:

  1. Demand a Formal Administrative Review Hearing to contest the administrative license suspension; or
  2. Waive review in exchange for a “business-purposes only” license (BPO), where available.

Missing the 10-day deadline can result in an automatic suspension regardless of the outcome of the criminal case. Bernhardt Riley, Attorneys at Law, PLLC, is adept at navigating these processes, including assisting first-time offenders in applying for hardship licenses. See our related page on driving while license suspended or revoked.

What the State Must Prove in a Florida DUI Case

In a DUI prosecution, the state bears the burden of proof beyond a reasonable doubt. To convict, the state must generally establish:

  • Identity — the defendant was the person driving or in actual physical control
  • Driving or actual physical control — this is broader than active driving; case law addresses parked vehicles, keys in ignition, and similar scenarios
  • Impairment — either under the influence to the extent that normal faculties were impaired, or a BAL/BrAC above the legal limit
  • Jurisdiction and venue
  • Admissibility of chemical test results — proper operator certification, instrument maintenance records, 20-minute observation period, and compliance with Florida Administrative Code provisions governing approved instruments

Any weakness in these elements is a potential defense.

Common DUI Defense Strategies

Florida’s stringent DUI laws mean that a conviction carries serious consequences — but not every DUI case is clear-cut. Defense strategies often include:

  • Challenging the stop — whether the officer had reasonable suspicion to initiate the traffic stop
  • Challenging the arrest — whether there was probable cause to arrest for DUI
  • Field sobriety test (FST) issues — NHTSA standardization, officer training, environmental conditions, medical conditions, and footwear
  • Breath test challenges — Intoxilyzer 8000 maintenance records, operator certification, 20-minute observation period, mouth alcohol, radio-frequency interference, and slope detector issues
  • Blood test challenges — chain of custody, lab accreditation, vial preservatives, and phlebotomist qualifications
  • Video evidence — dash-cam and body-cam footage can contradict officer reports
  • Medical conditions — GERD, diabetes, ketosis, neurological conditions
  • Rising BAL defense — alcohol absorbed after driving
  • Miranda and statement-suppression issues
  • Improper DUI checkpoints — compliance with constitutional and statutory standards

Each case varies, and a tailored defense strategy depends on the police reports, video, breath-test records, and witness accounts. See our overview of criminal defense for related charges and defenses.

DUI cases often bring related or enhanced charges, including:

  • DUI with property damage or serious bodily injury
  • DUI manslaughter
  • Leaving the scene of an accident (hit-and-run)
  • Reckless driving (sometimes negotiated as a reduced charge)
  • Driving with a suspended license (DWLS / DWLSR)
  • Child endangerment when minors are passengers
  • Refusal enhancement on a second or subsequent refusal

Steps to Take Immediately After a Florida DUI Arrest

  1. Contact a DUI defense attorney before speaking about the case.
  2. Request a Formal Administrative Review Hearing within 10 days.
  3. Document your recollection of the stop, tests, and arrest while fresh.
  4. Preserve any dash-cam, body-cam, or witness information available.
  5. Avoid social media posts about the arrest.
  6. Attend all court dates and follow bond conditions strictly.

Frequently Asked Questions About Florida DUI Charges

Under Fla. Stat. § 316.193, the legal limit is 0.08 for most drivers, 0.02 for drivers under 21, and 0.04 for commercial driver’s license (CDL) holders. A reading above the limit creates a per-se DUI, but the state can also prove DUI based on impairment alone, even below the per-se limit.

What are the common defenses against a DUI charge in Florida?

Common defenses include challenging the legality of the stop, challenging probable cause for arrest, questioning the accuracy of breath or blood tests, raising issues with field sobriety test administration, and presenting evidence of medical conditions or non-alcohol causes of observed behavior. Each case is fact-specific.

What are the steps to take immediately following a DUI arrest?

Contact a DUI defense attorney, request a Formal Administrative Review Hearing within 10 days, document everything you recall about the stop and arrest, and avoid discussing your case with anyone other than your attorney. Stay off social media about the case.

Why is quick action essential within 10 days of a DUI arrest?

Florida law requires you to request a Formal Administrative Review Hearing within 10 days of arrest to contest your driver’s license suspension. Failing to act within this window can result in an automatic administrative suspension, regardless of the outcome of the criminal case.

Can I refuse a breath test in Florida?

Under Florida’s implied consent law (§ 316.1932), refusal to submit to a breath, blood, or urine test after a lawful DUI arrest results in an automatic administrative license suspension (1 year for a first refusal; 18 months for a second or subsequent refusal). A second refusal can also be charged as a first-degree misdemeanor. Whether refusal is strategically advantageous depends on many facts and should be discussed with counsel — ideally before you ever need the answer.

What happens if I am stopped at a DUI checkpoint?

Florida permits DUI checkpoints subject to strict constitutional and procedural requirements — including advance notice, neutral selection criteria, and a written operational plan. Deviations can support a motion to suppress evidence gathered at the stop.

Will I lose my driver’s license for a first-offense DUI?

A first-offense DUI conviction typically results in a 6-to-12-month license revocation, plus an administrative suspension if challenged unsuccessfully. Hardship licenses may be available in some circumstances after an eligibility period and DUI school.

Can a DUI be expunged or sealed in Florida?

No. Florida statute excludes DUI convictions from eligibility for sealing or expungement. That is a key reason to fight the charge or pursue a negotiated alternative disposition where available.

What are the potential consequences of a DUI conviction in Florida?

Consequences can include fines, driver’s license suspension, ignition interlock device, community service, DUI school participation, probation, and possible jail or prison time. Severity depends on priors, BAL, accident or injury facts, and any minors in the vehicle.

For more context on when Florida drivers might be at risk of a DUI charge, see our article on 3 times Florida drivers might be at risk of a DUI charge.

Let Our DUI Defense Team Protect Your Rights

Don’t let a DUI define your future. Reach out to Bernhardt Riley, Attorneys at Law, PLLC, today to schedule a consultation with our dedicated defense attorneys. Call us at (727) 275-9575 or fill out our online contact form. We’re here to provide the guidance and advocacy you need to navigate this challenging time.

Serving Palm Harbor, Tampa, Clearwater, Destin, and all of Florida.

Discuss Your Case Call (727) 275-9575