Being arrested for driving under the influence (DUI) in Florida is a serious matter that can derail your future, tarnish your reputation, and cost you thousands in fines, legal fees, and lost opportunities. The legal process is complex, the penalties are severe, and the impact on your life can be long-lasting.
However, the good news is that with the right legal support, it is possible to minimize the consequences or even have the charges dropped. This comprehensive guide is designed to help you understand Florida DUI law, what to expect after an arrest, and how the Gainesville DUI lawyers at Turner O’Connor Kozlowski, PL can defend your rights.
If you or someone you know is facing a DUI charge, don’t face it alone. Know the law, understand your options, and take action. Call us today at 352-747-4920 to schedule a confidential consultation with one of our Gainesville criminal defense lawyers.
Understanding DUI
In Florida, a DUI occurs when a person operates a vehicle while impaired by alcohol or certain drugs to the extent that their normal faculties are impaired, or when the driver has a breath or blood alcohol concentration (“BAC”) of 0.080 or more grams of alcohol per 210L of breath or 100mL of blood .
Importantly, you can be charged with DUI even if your BAC is below the 0.080 legal limit, provided the officer believes your faculties are impaired. And, you can be prosecuted for DUI even if you never drove the car, even if you never turned on the car. Under Florida law, sitting in the driver’s seat of a car and being able to turn it on (being in “actual physical control”) is the same as driving.
Impairment can be based on alcohol, controlled substances—whether that is illegal substances like cocaine and heroin or legal prescription drugs such as narcotics, opioids, or benzodiazepine—or even some chemical substances, like nitrous oxide and other inhalants. Unlike alcohol, there is no bright-line rule where you could be convicted because your breath or blood measured at a certain amount. But, like with any DUI, the government will try to rely on the result of testing, or the refusal to submit to testing, and field sobriety exercises.
While criminal penalties are tied to either impairment or having a BAC over 0.080, administrative penalties can trigger before those levels. For commercial drivers, any amount of alcohol could cause problems. Over 0.040, the DMV will try to disqualify a CDL holder’s commercial driver licenses. For drivers under 21, any test of 0.020 or higher may trigger administrative penalties under Florida’s zero-tolerance policy.
DUI Law in Florida
Driving under the influence in Florida is a serious offense. DUIs carry some of the most harshest minimum-mandatory conditions of any misdemeanor crime. Both those required minimums and the maximum possible sentence increase based on the evidence in the case and whether the driver has ever been convicted of a DUI before. In every DUI conviction, the court must impose a probationary sentence and is authorized to incarcerate the driver for a long time—though the specifics vary from between 6 months and 15 years.
Legally defined under Florida Statute § 316.193 as driving or being in actual control of a vehicle either (1) while under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired, or (2) while the operator’s breath or blood alcohol level is over 0.080.
The mandatory-minimum sentences get worse, though, if the driver has a breath or blood test over 0.150, or if there is a child in the vehicle with them. DUI also becomes a more serious offense if there is a crash, especially if resulting in serious injuries or worse. Like every other part of DUI law in Florida, the penalties for charges of DUI are complicated. We will review the possible penalties here, but a consultation with one of our skilled attorneys is the best way to understand how these rules might apply to the unique situation that brings you here today.
First Offense
A first DUI offense in Florida carries significant penalties.
If convicted without any enhancements, you face up to 6 months in jail, a fine between $500 and $1,000, and a driver’s license suspension of 6 to 12 months. You will also be required to complete at least 50 hours of community service and attend DUI school. The court will also order the immobilization or impoundment of the vehicle being driven during the offense or any one vehicle registered in your name at the time of sentence. If your case included a breath or blood sample over 0.080, the judge may order that you install an ignition interlock device (IID) on all vehicles owned and routinely operated by you.
If your BAC was 0.150 or higher, or if there was a minor was in the vehicle, the possible jail time increases to up to 9 months, the required fine becomes between $1,000 and $2,000, and the court must order an ignition interlock device (IID) be installed on all vehicles owned and routinely operated by you for at least 6 months. IIDs must be installed and monitored at your expense. That expense can be high.
These penalties highlight the need for competent legal representation to negotiate or challenge charges where possible.
Subsequent Offenses
Penalties escalate sharply with repeat offenses. Each conviction adds complications to your legal situation and makes a strong defense even more crucial.
Second DUIs
Second DUIs remain misdemeanors (unless serious injury or death results) but even minimum sentences hit extremely hard.
A second DUI within five years of the prior conviction requires at least 10 days in jail and a 5-year license revocation. Possible jailtime ranges from that 10-day minimum all the way up to 9 months without an enhancement, or up to a full year for BACs of 0.150 or higher or if a child was in the vehicle. DUI school must be ordered and the course itself is more expensive, longer, and more rigorous. The mandatory fine ranges from $1,000 to $2,000 without any enhancement—and from $2,000 to $4,000 if the BAC was 0.150 or higher or if there was a minor in the vehicle. Vehicle impoundment increases to 30 days and must include all of your cars, not just one. The judge must impose an ignition interlock device for all your vehicles for at least one year with no enhancement, but that becomes two years for a 0.150 or higher BAC or if there was a minor in the vehicle.
If a second DUI occurs but the prior conviction was more than five years before the date of offense, the penalties remain much higher than a first DUI but are slightly reduced. No mandatory minimum jail sentence is required but the maximum is 9 months, or a year if enhanced by a 0.150 or higher BAC or child in the vehicle. The driver license revocation must be between 6 and 12 months. Level 2 DUI school must be ordered. The mandatory fines are the same as above ($1,000–$2,000 unenhanced; or, $2,000–$4,000 enhanced by BAC or a child in the vehicle). The vehicle impoundment or immobilization applies to all cars but is only required to be 10 days. The same ignition interlock device requirement applies (1 year for all vehicles; or, 2 years for all vehicles if enhanced by BAC or a child in the vehicle).
Third DUIs
A third DUI could be either a misdemeanor or a felony, depending on when the most recent conviction occurred. If the most recent conviction was more than 10 years before the date of offense of the pending DUI, this one will be a misdemeanor (unless serious injury or death results). If the most recent conviction was within 10 years of this offense occurring, it could be prosecuted as felony. Sanctions can be life-changing either way.
A third DUI within 10 years is classified as a third-degree felony in Florida. Conviction can result in up to 5 years in prison, a minimum ignition interlock device order of 2 years, and a 10-year driver license revocation. For a non-enhanced third DUI within 10 years, the court will fine you between $2,000 and $5,000. If enhanced by a BAC of 0.150 or more or a child in the vehicle, the court must impose a fine of at least $4,000 but could increase the fine to any amount it felt appropriate. Either way, all of your cars will be ordered impounded or immobilized for 90 days and the court will order the use of ignition interlock devices for 2 years.
If the third offense occurs more than 10 years after the most recent conviction, harsh misdemeanor sanctions apply: up to a year in jail, the same fines required for a felony third DUI, a driver license revocation of 6 to 12 months, Level 2 DUI school, the impoundment or immobilization of all your cars for 10 days, and a 2 year ignition interlock device order.
Fourth or Subsequent DUIs
Fourth DUIs are always treated as a felony, no matter when the prior convictions occurred, if the government can prove the prior convictions sufficiently. You would face a permanent driver license revocation and prison, probation, or some combination of them for up to 5 years. Fines begin at $2,000 (or $4,000 if enhanced by BAC or a child in the vehicle) but could be increased to any amount deemed appropriate by the judge. Impoundment or immobilization of all your cars must be ordered for 90 days, as well as a 2-year ignition interlock device order.
DUI with Property Damage or Personal Injury
If a DUI results in property damage or personal injury, the stakes become much higher. In Florida, even a first DUI that causes property damage or minor injuries is considered a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Minimum sanctions apply as described above depending on whether it is a first, second, or subsequent offense, and whether enhancement for high BAC or a child in the vehicle applies.
If the DUI causes or contributes to causing serious bodily injury, it escalates to a third-degree felony, regardless of a person’s prior conviction history. Possible penalties then include a maximum of five years in prison and monetary penalties, reaching $5,000.
Whether the injuries classify under the law as minor or serious, the State might seek restitution and the injured parties may pursue civil lawsuits, adding substantial financial liability. Having a Gainesville DUI lawyer is crucial in limiting both criminal and civil consequences.
DUI Manslaughter
If a DUI causes or contributes to causing the death of another person (including an unborn child), the driver can be prosecuted for a second-degree felony. If convicted, the court must impose a mandatory minimum prison sentence of 4 years, but it could impose up to 15 years in prison. The court is also required to impose probation, in addition to any prison sentence. DUI Manslaughter investigations usually involve dozens of witnesses, including multiple government experts. Traffic homicide investigators, drug recognition experts, crash reconstructionists, toxicologists, medical examiners—the State will bring every available resource down on anyone accused of DUI Manslaughter. If accused of DUI Manslaughter, hiring a Gainesville DUI lawyer capable of building a strong defense could save a decade or more of your life. You have come to the right place for experienced litigators.
Contact us immediately, even if there is only a possibility of an investigation into DUI Manslaughter charges. If the State’s investigation has begun, yours should, too.
DUI Involving Drugs (DUID)
Driving under the influence of certain drugs, called controlled substances and chemical substances, can lead to these harsh sentences, too. DUID charges can result from the use of illegal drugs like heroin or methamphetamine, or even legally prescribed medications such as opioids, ADHD medications, sleep aids, and more. If these substances impair your ability to drive safely and are listed in the Florida Statutes, you can be convicted of DUI.
But not everyone arrested for DUI and under the influence of a drug has technically committed a DUI in Florida. You cannot be convicted of DUI involving drugs unless the State can prove beyond a reasonable doubt that you were impaired and that the impairment was caused by a substance listed in the statutes. Unlike alcohol, where a breath or blood alcohol test could alleviate the government’s need to prove that you were impaired, drug impairment is more difficult to measure. Police may use blood or urine tests, but these often detect only inactive metabolites, not active impairment. The absence of a clear legal limit makes DUID cases more subjective and often more defensible, especially with expert testimony challenging the validity of the test results or the interpretation of impairment.
If you face a DUID case, Florida prosecutors will rely on paid toxicologists from the Florida Department of Law Enforcement to try to convict you. Hire an attorney experienced in questioning those witnesses, someone who knows the experts who can point out the problems and limitations inherent in the State’s case.
Administrative vs. Criminal DUI Penalties in Florida
Florida separates DUI consequences into two tracks: administrative penalties handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), and criminal penalties through the courts. If you fail a breath test or refuse to take one, your driver’s license may be suspended immediately. This is an administrative action separate from the criminal case.
You have only 10 days from your arrest to request a formal review hearing to challenge the administrative suspension. If you don’t request a hearing in time, your license remains suspended, regardless of the outcome of your criminal case. First-time offenders may apply for a hardship license to maintain limited driving privileges, but they must enroll in DUI school and meet other requirements. Having a lawyer experienced in this complex administrative process is vital to increase your chances of being able to drive to work while you fight the possible criminal consequences.
Hardship Licenses and Reinstating Driving Privileges
A hardship license allows individuals to drive for essential purposes such as work, school, or medical appointments while their regular license is suspended. To apply in Florida, you must first enroll in or complete DUI school. The DHSMV requires proof of enrollment and may schedule a hearing to determine eligibility.
If approved, you will receive restricted driving privileges under strict terms. Failing to follow these restrictions can lead to revocation. A hardship license offers a pathway to maintain some independence and fulfill obligations while complying with DUI penalties. Hiring a skilled Gainesville DUI lawyer can help you to navigate ways to get your license back.
DUI Checkpoints in Florida
DUI checkpoints, or sobriety checkpoints, are legal in Florida but must follow strict constitutional guidelines. Law enforcement agencies must publicly announce checkpoint locations and times in advance. At the checkpoint, officers briefly stop drivers to check for signs of impairment. If any are observed, the driver may be directed to a secondary screening.
Drivers are required to provide a license, registration, and proof of insurance, but are not obligated to answer incriminating questions. You may decline field sobriety tests, but doing so may still lead to arrest.
Checkpoints are often challenged in court based on the failure to meet legal requirements, making this a potential avenue for defense. An experienced and knowledgeable Gainesville DUI lawyer can examine if the proper procedures were followed.
Underage DUI and Zero Tolerance Policy
The state of Florida has a zero-tolerance policy for drivers under 21. If an underage driver is found with a BAC of merely 0.020 or more, their license can be suspended for six months. A second offense can lead to a one-year suspension. These administrative actions are separate from potential criminal DUI charges, which can be filed if the driver shows signs of impairment regardless of BAC.
Underage DUI convictions carry long-term consequences, including criminal records, loss of scholarships, increased insurance rates, and damage to college or job prospects. In such cases, legal intervention is crucial to protect a young person’s future.
Ignition Interlock Device (IID) Requirements
An ignition interlock device is a breathalyzer connected to your vehicle’s ignition. You must blow into it and register a BAC below a set limit before the vehicle will start. Florida mandates IID installation for certain DUI convictions:
- First offense DUIs with BAC of 0.150 or more
- First offense DUIs with a minor in the car
- All second or subsequent DUI offenses
The cost of installation, monthly calibration, and maintenance is borne by the offender. Failure to comply with IID requirements can lead to further license suspension and criminal charges. While inconvenient and costly, IID installation is often part of regaining driving privileges after a DUI.
DUI and Commercial Driver’s Licenses (CDL)
Commercial drivers are held to higher standards due to the nature of their work. In Florida, a CDL holder can face an administrative disqualification for having a BAC of 0.040 or higher while operating a commercial vehicle. If convicted of any DUI, even for a first offense, the driver faces a one-year disqualification of their CDL. A second offense results in a lifetime disqualification, effectively ending a commercial driving career.
CDL holders are also subject to the same administrative and criminal penalties as non-commercial drivers. Additionally, employers may terminate or refuse to hire drivers with DUI convictions, making legal defense vital for anyone in the transportation or logistics industry.
DUI and Ride-Sharing Drivers (e.g., Uber and Lyft)
In Florida, individuals who drive for ride-sharing services such as Uber or Lyft are held to higher standards than typical drivers. A DUI arrest—even if it does not result in a conviction—can lead to immediate suspension or deactivation from the platform. These companies routinely conduct background checks, and any DUI-related incidents often violate their terms of service.
A conviction can lead to a permanent ban from working for such services. For ride-share drivers, a DUI not only affects driving privileges but also their source of income. If you are a ride-share driver facing DUI charges, it is essential to work with a Gainesville DUI lawyer who understands how to mitigate the professional damage and explore all available legal defenses to protect your livelihood.
DUI and Out-of-State Drivers
Florida sees millions of out-of-state visitors each year, and DUI laws apply to them equally. If you are licensed in another state and receive a DUI in Florida, your home state will likely be notified through the Driver License Compact.
Many states honor each other’s suspensions and penalties. You may face consequences both in Florida and back home. Hiring a Gainesville DUI lawyer is essential to defend the case where the offense occurred.
What Should I Do If I’m Stopped for a Suspected DUI in Gainesville
How you handle a DUI stop can significantly impact the outcome of your case. From the moment you see flashing lights in your rearview mirror, your actions, words, and decisions may either help protect your rights—or make things more complicated. Following these steps can help you avoid common pitfalls and strengthen your defense.
1. Stay Calm, Polite, and Cooperative
When you’re pulled over, remain respectful and composed. Provide your driver’s license, registration, and proof of insurance when requested. Avoid sudden movements or raised voices—engaging the officer calmly helps prevent escalation.
2. Limit Your Conversation
You’re only required to share basic identifying information. Politely decline to answer questions like “Where have you been?” or “Have you been drinking?” You do not have to explain your activities or consumption. Do not volunteer information you do not have to. Ask to speak with your lawyer at Turner O’Connor Kozlowski.
3. Consider Declining Field Sobriety Tests
Standardized Field Sobriety Tests (like the walk‑and‑turn and one‑leg stand) are voluntary in Florida. They’re subjective and often unreliable, especially for anyone with injuries, anyone who is overweight, and anyone dealing with the effects of aging. It’s legally acceptable to refuse. If the police properly inform you that refusing can be used against you in court, then your refusal could be admitted as evidence that you believed you would have performed poorly. But field sobriety exercises are each designed to try to trip you up: the police will only describe the instructions briefly and then expect you to perform all of the long list of instructions perfectly. Any deviation will be fixated on as evidence of impairment. No criminal penalties apply for refusing.
4. Think Carefully Before Refusing Chemical Testing
Under Florida’s implied consent law, refusal to submit to a lawful request of your breath, urine, or blood test after a lawful arrest triggers administrative consequences:
- 1-year license suspension for a first refusal
- 18 months if you have ever had a license suspension or fine for a prior refusal
Refusing a lawful request for breath, urine, or blood may be used in a trial for DUI as evidence against you.
Moreover, after October 1, 2025, a first refusal of a lawful request of your breath or urine can be prosecuted as a second-degree misdemeanor, punishable by up to 60 days in jail and up to a $500 fine.
A second refusal of a breath or urine is a first-degree misdemeanor, punishable by up to a year in jail and up to a $1,000 fine.
Depending on your BAC level, the result of a breath or blood test might actually help exonerate you: if your BAC is 0.050 or less, Florida law presumes that you are NOT impaired. Yet, a BAC level of 0.080 or higher could be enough to convict you regardless of any evidence that you were not impaired.
Think carefully about whether to agree to testing. Whether refusing or providing the sample, the consequences can be severe.
5. If Arrested, Comply But Exercise Your Rights
If the officer decides to arrest, do not resist or argue. Resisting or obstructing an officer could result in additional criminal charges that could be harder to fight than a DUI. Say as little as possible and invoke your right to remain silent. Clearly state, “I wish to speak with an attorney.” Anything else you say can be used against you.
6. Record Details After Release
Once the interaction ends, note everything you recall—time, location, officer badge number, what was said, and conditions at the scene. These details can be vital later.
7. Contact a Gainesville DUI Lawyer Immediately
Don’t wait. Reach out to an experienced local DUI attorney right away. Time-sensitive tasks—like filing for your administrative review hearing within 10 days—must be done quickly to preserve your license and mount an effective defense.
Field Sobriety Tests: Accuracy and Legal Challenges
Field sobriety exercises (FSEs), also sometimes called field sobriety tests (FSTs), are designed to assess a driver’s coordination, balance, and cognitive function. Common tests include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand. However, these tests are not foolproof and can be affected by nervousness, fatigue, medical conditions, age, weight, or even poor traffic or weather conditions.
Judges and juries acknowledge the subjectivity of FSTs, which can be challenged during trial. A skilled Gainesville DUI lawyer may argue that the tests were improperly administered or interpreted—or that the alleged impairment was the result of a medical condition, injury, or some other non-alcohol/controlled substance cause—creating doubt about the validity of the officer’s observations.
Can I Refuse a Breath or Urine or Blood Test in Florida?
Florida’s implied consent law states that by operating a vehicle, you consent to submit to chemical testing if lawfully arrested for DUI. Refusing a breathalyzer or other chemical test can result in an automatic one-year license suspension for the first offense and an 18-month suspension for following refusals. Refusing a breath or urine test could also be prosecuted criminally as a separate offense from the DUI. A first refusal is a second-degree misdemeanor. A second or subsequent refusal is a first-degree misdemeanor. Refusing the test may also be presented in court as an indication of possible guilt. However, in some cases, refusal may limit the prosecution’s evidence, potentially aiding your defense.
Whether refusal helps or hurts your case is complicated. It depends on the circumstances, what police say to you before requesting the sample, and whether you have refused before. This complicated situation demands analysis by an experienced Gainesville DUI lawyer.
What Are the Consequences of a DUI on My Record?
A DUI conviction leaves a permanent mark on your criminal record and driving history. This can affect employment opportunities, particularly in jobs requiring a clean driving record or professional licenses. Insurance premiums can also increase dramatically, and some insurers may refuse coverage altogether.
A DUI conviction can also affect housing applications, custody cases, and immigration status. In Florida, DUI convictions cannot be sealed or expunged, which means they remain visible on background checks for life. This makes it even more critical to fight a DUI charge before a conviction occurs.
DUI Expungement or Record Sealing in Florida
Unlike other misdemeanors, DUI convictions in Florida cannot be sealed or expunged. Once convicted, the charge stays on permanently on your criminal record. However, if the charges are dropped or you’re acquitted, you may be eligible for expungement. This is one reason why fighting your DUI case is so important. A favorable outcome early in the process can prevent lifelong consequences that cannot be reversed later.
How Can a Gainesville DUI Lawyer Help?
A Gainesville DUI lawyer can be the difference between a conviction and a second chance: offering guidance, protecting your rights, and building a strong defense at every stage.
Case Evaluation
The first step in building a defense is a thorough evaluation of your case. A qualified DUI attorney will review the arrest report, video footage, chemical test results, and any procedural errors. The goal is to identify weaknesses in the prosecution’s case. If a traffic stop was unlawful, an experienced DUI attorney can seek a ruling from the court that any evidence obtained as a result of the stop should be inadmissible, effectively winning the case before a jury is ever picked. If an arrest was unlawful or the police said the wrong things when requesting chemical testing, the results of your breath, urine, or blood test can be excluded. If you refused testing because the police told you something inaccurate, your refusal should not be used against you. DUIs are among the most complicated areas of criminal law. Hiring a lawyer that understands these nuances could save you from having to even go to trial.
Defense Strategies
Common defenses include challenging the legality of the traffic stop, questioning the reliability of field sobriety or chemical tests, and arguing that medical conditions or improper police procedures led to false indications of impairment. An experienced Gainesville DUI lawyer may also use expert witnesses to counter the prosecution’s evidence.
Here’s why expert witnesses are important:
Expert witnesses play a critical role in challenging the prosecution’s evidence. Toxicologists can testify about the scientific limitations of breath or blood tests. Breathalyzer technicians may point out calibration issues or operator error. An accident reconstructionist can clarify how an incident occurred, disproving claims of reckless behavior. These experts bring credibility to your defense and can create reasonable doubt in the minds of jurors or persuade prosecutors to negotiate more favorable terms.
Negotiations and Plea Bargains
Often, cases are resolved through negotiations rather than trial. Your attorney can work to reduce charges (e.g., to reckless driving), minimize penalties, or secure alternative sentencing such as diversion programs or treatment options.
Trial Representation
If your case proceeds to trial, your Gainesville DUI lawyer will present your defense, cross-examine prosecution witnesses, and challenge the admissibility of evidence. Effective trial representation can mean the difference between conviction and acquittal.
Get the Defense You Need for a DUI Arrest From Experienced Gainesville DUI Lawyers
Getting charged with a DUI in Florida is a serious situation that can affect nearly every aspect of your life. The penalties are harsh, the legal system is unforgiving, and the consequences are often long-term. But you don’t have to face it alone.
With the support of an experienced and strategic legal team like Turner O’Connor Kozlowski, PL, you can challenge the charges, protect your rights, and work toward the best possible outcome. Don’t wait until it’s too late. Call our Gainesville DUI lawyers today at 352-747-4920 for a confidential consultation, and let us put our knowledge and experience to work for you.