Florida DUI Defense Lawyers

If you were arrested in Florida for driving under the influence (DUI) due to alcohol and/or drugs, you could be facing one or two counts of this crime. Our Florida DUI defense attorneys have the experience to help you create a viable case for court.

Florida takes DUI offenses very seriously, and you could be facing a 3rd-degree felony charge and a maximum fine of between $2,000 to $5,000. 

The risk for you facing a DUI charge in Florida is elevated if your blood-alcohol content (BAC) peaks at 0.08% or more. If you are found guilty of multiple offenses related to your DUI, your punishment will be worse. 

Dui Charges In Florida

According to Florida statute Chapter 316, Section 193, you may be facing a DUI conviction if you:

1. Operate a vehicle or are in physical control of a vehicle within the state of Florida;
2. While under the influence of alcoholic beverages and/or any chemical substance as identified in Chapter 893;
3. Have a blood-alcohol contact of 0.08 or more grams of alcohol per 100 milliliters of blood or have a BAC of 0.08 grams of alcohol per 210 liters of breath.

Additionally, according to Title XXIII, Chapter 316.193 (1), you are guilty of DUI if you are driving under the influence of a potentially addictive or influential substance while in physical control of a vehicle. In order to be found guilty of a first conviction DUI, you must have:

1. Consumed alcohol, illegal drugs, or any controlled substances that impaired your judgment and reflexes
2. You have a blood-alcohol content that records 0.08% + grams of alcohol per 100 milliliters of blood
3. You had a blood-alcohol level of 0.08% or more grams of alcohol per 201 liters of breath.

Second, Third And Fourth Dui Offense Enhancements In Florida

Second Offense: Implementation of an ignition interlock device and increased fines

Second Offense within 5 years of a previous DUI: mandatory 10 days in jail, 5-year driver’s license suspension, ignition interlock, and increased fines

Third Offense within ten years of a previous DUI: 3rd-degree felony, mandatory 30 days in jail, 10-year driver’s license suspension, ignition interlock, and increased fines

Third Offense after ten years of previous Violation: Increased fines and mandatory interlock.

Fourth or more Offenses: Third-degree felony and an increased likelihood of extended jail or prison time.

Florida Dui Arrests – Two Different Cases Against You

In Florida, if you are arrested for a DUI, two cases will be brought against you by the state of Florida. They are:

1. A criminal case
2. An Administrative Hearing regarding your driving privilege.

In an administrative hearing, you will be dealing with such things as your driver’s license, your ability to drive, and license suspension.

The criminal DUI case is to determine whether you are innocent or guilty of the criminal charges. If you are found guilty, the court will determine your punishment.

How To Protect Your Driver’s License And Ability To Drive In Florida After A Dui 

In Florida, the state handles your punishment for license suspension based on a few situations. They include:

1. Are you under the age of 21?
2. Did you refuse alcohol chemical testing?
3. Do you have any previous DUI convictions on your record?
4. Are you facing other criminal charges?
5. Are you charged with a DUI or BUI?
6. Other Factors as determined by the Florida court

Can You Still Drive To Work In Florida After Your Dui?

This is one of the most common questions the Florida DUI defense attorneys at Stevenson Klotz get asked by our DUI clients. The short answer is: it depends.

If you are under the age of 21, Florida’s Zero Tolerance Law will suspend your driver’s license. These suspensions are difficult to challenge, but you may have rights. You should talk with a lawyer immediately.

If you are over the age of 21, you should contact us as soon as possible to protect your ability to drive, and so we can represent you at a formal hearing review within ten days of your arrest.

At an administrative hearing, which must be requested within 10 days of your arrest, our DUI defense lawyers will be able to cross-examine the officer that arrested you, the breath test machine technician, the machine calibration technicians, lab technicians, and any other witnesses. The advantage of having our Florida DUI defense attorneys on your side is that we will be able to subpoena any and all legal evidence and documents pertaining to your trial.

It also may be advantageous to waive your right to formal administrative circumstances in some situations to maximize the time you are eligible for business purposes only license. The decision about whether to waive a formal hearing is an important one that takes into account many factors such as: do you have prior DUI arrests? Do you have an out of state license? Did you blow over the legal limit? Did you refuse to blow? Are you charged with being under the influence of chemical or controlled substances? This important decision about whether to waive or have a formal administrative hearing must be made within 10 days of your arrest. You should consult with an experienced DUI attorney before making this election. 

What Are The Legal Defenses To A Florida Dui Charge?

The truth is, any criminal charge can be challenged based on legal, constitutional, or administrative grounds depending on your individual situation and the conduct of the arresting officer and/or police department.

Some of the most common methods we use to fight a Florida DUI charge include:

1. Challenging whether the initial traffic stop was lawful
2. Challenging the accuracy of the results of your field sobriety test or breathalyzer test, and blood test if one was administered to you
3. We can seek to have your individual statements suppressed, which may have been gained without providing you with the required information and/or your rights.

There is a chance that if any step of your Florida DUI arrest was unlawful, the charge might be thrown out by a Florida judge.

Being arrested for driving under the influence of alcohol and/or drugs in Florida is a very serious matter. The Florida DUI defense attorneys at Stevenson Klotz Injury Lawyers can make sure your legal rights are protected and aggressively defend you so you may be able to stay out of jail, keep your license, or avoid heavy fines. Contact us today!