Being arrested for driving under the influence (DUI) in Palm Coast, Florida can upend your life in an instant—putting your driver’s license, career, reputation, and freedom at risk. Florida’s DUI laws are complex, penalties are harsh, and the downstream consequences can linger for years by raising insurance premiums, limiting job opportunities, and affecting professional licenses.
The good news: with a strategic defense, it’s often possible to reduce the impact—sometimes to get the charges dismissed or reduced. This page explains how Florida DUI law works, what to expect after an arrest in Flagler County, and how the Palm Coast DUI defense team at Turner O’Connor Kozlowski, PL (TOK Legal) protects your rights from day one.
If you or a loved one is facing a DUI, don’t go it alone. Understand your options and act quickly. Reach us through our contact page to schedule a confidential consultation with a Palm Coast DUI lawyer—free consultation available.
Understanding DUI
In Florida, a DUI occurs when a person operates—or is in actual physical control of—a vehicle while (1) under the influence of alcohol, a controlled substance, or certain chemical substances to the extent that their normal faculties are impaired, or (2) having a breath or blood alcohol level of 0.08 or higher. See Fla. Stat. § 316.193.
Importantly, you can be arrested even if your measured alcohol level is below 0.08 if the officer believes your normal faculties are impaired. And because the statute covers “actual physical control,” you can face charges even if the vehicle never moved (for example, sitting in the driver’s seat with the ability to start and operate the car).
Impairment can be based on alcohol; controlled substances (including many prescription medications); or certain chemical substances. Unlike alcohol, there is no “per se” drug level that automatically equals impairment. Prosecutors often rely on officer observations, field sobriety exercises, and blood/urine tests—each of which can be tested and challenged scientifically and legally.
DUI Law in Florida
DUI sentencing combines minimum-mandatory sanctions with escalating maximum penalties based on prior convictions, an alcohol level of 0.15 or higher, whether a minor was in the vehicle, and whether a crash caused property damage, injury, or death. Review the core statute at § 316.193 and administrative suspension rules through FLHSMV.
First Offense
Without enhancements, a first DUI carries up to 6 months in jail, a fine of $500–$1,000, license suspension (6–12 months), DUI school, probationary conditions, and vehicle impoundment or immobilization. If BAC is 0.15+ or a minor was in the vehicle, exposure increases (e.g., up to 9 months and higher fines), and ignition interlock may be ordered. See FLHSMV’s list of licensed DUI programs.
Second Offense
A second DUI within five years requires at least 10 days in jail, a 5-year revocation, Level 2 DUI school, longer impoundment of all vehicles, a higher fine, and mandatory ignition interlock. If the prior DUI is older than five years, penalties are still elevated but some minimums differ.
Third Offense
A third DUI within ten years of a prior may be charged as a third-degree felony (up to 5 years’ prison), with multi-year interlock and lengthy revocations. If the most recent prior is more than ten years old, it is generally a misdemeanor but still brings steep fines, suspensions, and interlock.
Fourth or Subsequent
Fourth DUIs can be prosecuted as felonies with permanent revocation risks and significant incarceration and fines.
DUI with Property Damage or Injury
DUI with property damage or minor injury is a first-degree misdemeanor (up to one year in jail). DUI causing serious bodily injury is a third-degree felony (up to 5 years’ prison plus fines and restitution).
DUI Manslaughter
DUI causing death is typically a second-degree felony with a 4-year mandatory minimum and up to 15 years’ prison (or more in certain scenarios). These cases involve crash reconstruction, toxicology, and specialized units and demand early, expert-driven defense.
DUI Involving Drugs (DUID)
A DUID can arise from illegal drugs or lawfully prescribed medications if they impair normal faculties. Prosecutors must prove both impairment and that a listed substance caused it. Blood or urine tests may show inactive metabolites rather than active impairment, creating opportunities for scientific challenges—especially with toxicology experts, medical records, and careful cross-examination.
Administrative vs. Criminal DUI Penalties
Florida separates DUI consequences into two tracks: administrative (through FLHSMV) and criminal (through the courts). Failing or refusing a lawful test can trigger an immediate administrative suspension independent of your court case. You have only 10 days from arrest to request a formal review hearing to challenge the suspension. See FLHSMV DUI Administrative Suspensions.
First-time drivers may be eligible for a hardship license if they enroll in DUI school and meet other conditions.
Hardship Licenses & Reinstatement
A hardship license can allow limited driving for employment, medical needs, and school while your regular license is suspended. Applicants typically must enroll in or complete DUI school and may be scheduled for a hearing. Violating restrictions can lead to revocation.
DUI Checkpoints in Florida
Sobriety checkpoints are permitted if agencies adhere to constitutional safeguards and published operational plans using neutral stop patterns. Drivers must provide license, registration, and proof of insurance; they are not required to answer incriminating questions. Many checkpoint cases turn on whether procedures were followed—creating fertile ground for defense. For general guidance, see FLHSMV and local releases from the Flagler County Sheriff’s Office or City of Palm Coast.
Underage DUI & Zero Tolerance
Florida’s zero-tolerance policy allows administrative penalties for drivers under 21 at 0.02 BAC or higher—even without a separate criminal DUI. These records can affect scholarships, insurance, and early career opportunities—swift action and counsel are crucial.
Ignition Interlock Device (IID) Requirements
Interlock may be ordered on certain first offenses (0.15+ BAC or minor in vehicle) and is required for second and subsequent convictions. Offenders pay for installation, monthly calibration, and maintenance. See FLHSMV’s IID overview here.
CDL & Ride-Share Drivers
Commercial drivers (CDL): Administrative issues can arise at 0.04 BAC, and a DUI conviction—even first-time—can cause lengthy disqualifications and job loss. See FLHSMV’s Commercial Drivers portal.
Ride-share (Uber/Lyft): Arrests can trigger platform deactivation; convictions can lead to permanent bans. These cases often require coordinated strategies to protect your record and livelihood.
Out-of-State Drivers
Florida participates in information-sharing compacts. A DUI in Palm Coast can trigger consequences in your home state. It’s essential to defend the case where it occurred and understand how Florida administrative actions may translate elsewhere.
What Should I Do If I’m Stopped for a Suspected DUI in Palm Coast?
Many stops in Palm Coast involve the Flagler County Sheriff’s Office or neighboring agencies. Use this practical framework:
1) Stay Calm and Courteous
Provide license, registration, and proof of insurance when asked. Avoid sudden movements or confrontational language.
2) Limit Conversation
You must provide basic identifying information, but you do not need to answer incriminating questions about drinking or where you’ve been. Politely state you prefer to speak with an attorney.
3) Field Sobriety Exercises Are Voluntary
Standardized Field Sobriety Tests (walk-and-turn, one-leg stand, HGN) are subjective and influenced by age, injuries, footwear, fatigue, lighting, and roadway conditions. You may decline, though prosecutors could argue refusal shows consciousness of impairment.
4) Think Carefully About Chemical Testing
Under implied consent, refusing a lawful post-arrest breath/urine/blood test can trigger an immediate administrative suspension (typically 1 year for a first refusal; 18 months for subsequent refusals) and may be used as evidence. Conversely, a low test could help. The decision is fact-dependent—speak with counsel as soon as possible.
5) If Arrested, Comply—Then Invoke Your Rights
Do not resist. Clearly state, “I want to speak with an attorney,” and then remain silent.
6) Record Details After Release
Note times, locations, statements, officer names/badge numbers, conditions, potential witnesses, and video sources (business or residential cameras).
7) Act Within 10 Days
You have only 10 days to request a formal review hearing to contest an administrative suspension. Contact TOK Legal through our contact page promptly.
Field Sobriety Tests: Accuracy & Legal Challenges
Field tests are not scientific measurements of alcohol level. We examine whether instructions were correct, whether the environment affected performance, whether standardized procedures were followed, and whether medical conditions explain observed “clues.” Body-cam and dash-cam footage can be pivotal. For roadway safety and impairment research, see NHTSA: Risky Driving and CDC Transportation Safety.
Can I Refuse Breath, Urine, or Blood Testing?
Refusing a lawful test generally brings a 1-year administrative suspension (18 months for subsequent refusals) and, in certain circumstances, can be prosecuted separately. Providing a 0.08+ result is significant evidence for the State. The choice depends on what you were told by officers, your medical conditions, timing, and history—get tailored advice quickly.
Consequences of a DUI on Your Record
A DUI conviction can affect hiring (particularly for roles involving driving, education, healthcare, or security clearances), housing applications, professional licensing, and immigration status. Insurance premiums typically spike for years. Unlike many offenses, DUI convictions in Florida generally cannot be sealed or expunged—another reason to fight the case before any conviction.
Can a DUI Be Expunged or Sealed in Florida?
As a rule, a DUI conviction cannot be sealed or expunged. If the case is reduced (for example, to reckless driving) or dismissed—and you otherwise qualify—you may pursue record relief for the non-DUI disposition. For general guidance, see the Florida Department of Law Enforcement’s Seal & Expunge resources.
Palm Coast & Flagler County: Local Process Overview
Most Palm Coast DUI cases proceed in the Seventh Judicial Circuit (Flagler, Volusia, Putnam, St. Johns). Helpful public resources include:
- Flagler County Clerk of the Circuit Court & Comptroller (records, eFiling, payments)
- Seventh Judicial Circuit Courts (local court information)
- Office of the State Attorney, 7th Judicial Circuit (prosecutor information)
- Flagler County Sheriff’s Office (law enforcement resources)
- City of Palm Coast (local government links)
- Florida State Courts (statewide court system)
- FLHSMV DUI Administrative Suspensions
How a Palm Coast DUI Lawyer Can Help
The difference between conviction and dismissal often turns on the details. Our approach is comprehensive and leverage-driven:
Case Evaluation
We scrutinize the stop (reasonable suspicion), detention duration, probable cause for arrest, Miranda compliance, field-sobriety administration, implied-consent warnings, testing protocols, instrument maintenance/calibration logs, chain of custody, and all video (body-cam/dash-cam). We also evaluate checkpoint compliance if applicable.
Defense Strategies
We challenge unlawful stops, lack of probable cause, medical explanations for FSE “clues,” contamination or noncompliance in testing, unreliable breath-test machine records, chain-of-custody issues, and failures in implied-consent procedures. We frequently retain toxicologists and breath-test experts to challenge the State’s science.
Negotiations & Alternatives
When appropriate, we pursue reductions (e.g., reckless driving), diversion or treatment pathways, and sentencing alternatives that protect your record and future. Effective negotiation starts with leverage built through meticulous investigation.
Trial-Ready Representation
If trial is the best path, we litigate aggressively—cross-examining the State’s witnesses, presenting defense experts, filing targeted motions, and pressing constitutional and scientific challenges.
Frequently Asked Questions
Will I lose my license immediately?
An administrative suspension can begin right away after a failure/refusal. You have 10 days to request a formal review with FLHSMV.
Do I have to do field sobriety tests?
No—FSEs are voluntary and often challengeable.
Should I blow if I think I’m under 0.08?
It depends—low results can help, but the decision is fact-specific. Get advice fast.
How soon should I contact a lawyer?
Immediately. Evidence disappears quickly, and the 10-day administrative deadline is strict.
Get the Defense You Need from Experienced Palm Coast DUI Lawyers
A DUI arrest in Palm Coast is intimidating—but you have options. With an experienced, strategic legal team like Turner O’Connor Kozlowski, PL, you can challenge the State’s case, protect your license and record, and work toward the best available outcome.
Don’t wait. Contact our Palm Coast DUI lawyers now through our contact page to schedule your confidential, free consultation and start building your defense today.