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Florida Drunk Driving Defense

West Central Florida Driver Improvement Inc.: DUI/SSS - First and multiple DUI offender courses and evaluation services. Special Supervision Services (SSS) for multiple offenders seeking hardship DL reinstatement in accordance with specific statutes.

Department of Highway Safety and Motor Vehicles:
Driving Under the Influence (DUI)

  1. Florida DUI and Administrative Suspension Laws

    Frequently Asked Questions

  2. How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
    1st DUI
    2nd DUI
    3rd DUI
    4th DUI
    DUI Manslaughter (single conviction)
    DUI Manslaughter (in conjunction with prior DUI conviction)
    Driving with an unlawful alcohol level
  3. How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?


  4. What happens to my driving privilege if I'm convicted of driving a commercial motor vehicle...
    1. under the influence?
    2. with unlawful alcohol level (.10 and .08)?
    3. while in possession of a controlled substance?
    4. and I refused the test to determine alcohol level?
    5. and I received 3 traffic violations within 3 years?
    6. and I received 2 traffic violations within 3 years?
  • Florida Ticket and Criminal Defense Attorney
  • Florida Traffic Attorney Blog
  • Attorney Offices by Municipality

    Florida M-Z
    1. Altamonte Springs
    2. Apollo Beach
    3. Aventura
    4. Bartow
    5. Boca Raton
    6. Bonita Springs
      1. Vlachos, Carol: A criminal charge can have serious consequences for your employment, your family, and your life. Each year penalties for a traffic ticket, DWI, DUI, or criminal charge get more severe. It is even more important to understand the full consequences that a criminal conviction has on your record.
    7. Boynton Beach
      1. Lawson, Craig: DUI and traffic offenses Drug offenses Possession Drug trafficking Felonies Battery Robbery / theft Murder Misdemeanors Shoplifting Fraud Burglary White collar crimes Sex offenses Juvenile cases
    8. Brandenton
    9. Brandon
      1. Lansky & Courtney: criminal charges, family law actions, personal injury claims, business law issues, estate planning and probate matters, animal court citations, and school board change of placement and expulsion proceedings
      2. Banter, Adam: Driving Under the Influence Brandon, Tampa, FishHawk DUI Attorney An arrest on charges of Driving Under the Influence can subject a person to a bevy of sanctions, including loss of license, jail, probation, fines, classes, and other costs. An experiend DUI attorney can help minimize the impact of a DUI arrest on your life and career. The penalties a person faces on a DUI charge are listed below: DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). Fla. Stat. s. 316.193 Driving Under the Influence can be proved by either: ()1 impairment of normal faculties or (2) unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. Fine Schedule (Fla. Stat. s. 316.193(2)(a)-(b)) First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000. Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000. Fourth or Subsequent Conviction: Not less than $2,000. Community Service (Fla. Stat. s. 316.193 (6)(a)) First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. Probation (Fla. Stat. s. 316.193 (5)(6)) First conviction: Total period of probation and incarceration may not exceed 1 year. Imprisonment (Fla. Stat. s. 316.193 (2)(a) 2, 4(b), (6)(j)) At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment. First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months. Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive. Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months. Fourth or Subsequent Conviction: Not more than 5 years. Impoundment of Immobilization of Vehicle (Fla. Stat. s. 316.193 (6)) Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant. DUI Misdemeanor Conviction with Accident Involving Property Damage or Personal Injury (Fla. Stat. s. 316.193 (3)) Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment). DUI Felony Conviction (Fla. Stat. s. 316.193 (2),(3)) Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment). Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S. Manslaughter and Vehicular Homicide (Fla. Stat. s. 316.193 (3)) DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment). DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed Driver License Revocation Periods for DUI (Fla. Stat. s. 322.271 and s. 322.28) First Conviction: Minimum 180 days revocation, maximum 1 year. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as First Conviction. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years. Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above. Back DUI School Requirements (Fla. Stat. s. 316.193 s. 322.271, s. 322.291) First Conviction: Must complete DUI school before hardship reinstatement. Drivers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If driver enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed. Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Driver must complete DUI school following conviction. DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation): Chemical or Physical Test Provisions (Implied Consent Law) (Fla. Stat. s. 316.1932, s. 316.1933 s. 316.1934 s. 316.1939) Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree. Driver License Suspension Periods First refusal: suspended for 1 year. Second or subsequent refusals: suspended for 18 months. Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses. Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle. Administrative Suspension Law (Fla. Stat. s. 322.2615 s. 316.193 s. 316.1932) First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months. Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year. First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year. Second or Subsequent Suspensions for Refusal: 18 months. The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
      3. Lawler Firm: DUI and Traffic Offenses ¥ Felonies and Misdemeanors ¥ Driver License Suspension Matters ¥ Drug Offenses ¥ Probation Violations ¥ Theft and Fraud Offenses, Worthless Checks, Shoplifting ¥ Burglary, Arson, and Criminal Mischief ¥ Crimes of Violence, Gun, and Weapons Charges ¥ Sealing/Expunging Records ¥ Prostitution, Solicitations, and Entertainer Violations Facing criminal charge is a serious matter which can have many negative consequences in your life.
    10. Brooksville
      1. Aulls, Ashley: DUI, Boating DWI If you have been arrested for driving under the influence you have several options and procedures that you need to consider in regard to your driver's license as well as the prosecution of your case. The ramifications and consequences of a DUI conviction are numerous. Speak to an experienced lawyer about the facts of your case. Find out your options.
      2. Morris Law Group: A drunk driving conviction in Florida is an incredibly serious matter. Even first-time offenders face jail time, driver's license suspension and considerable fines. If you have been charged with drinking and driving, an experienced and skilled attorney can effectively protect your rights and your freedom.
      3. Campbell, Kirk: * Sex Offenses * DUI/Traffic * Felonies * Misdemeanors * Drugs and Controlled Substances: o Possession o Trafficking o Sales * Domestic Violence * Battery * White Collar * Theft/Fraud
    11. Cape Coral
    12. Casselberry
      1. Mullins, Jessica: * Criminal Law Attorney * DUI Defense Attorney * Drug Crimes Attorney * Juvenile Crimes Attorney * Major/Minor Traffic Violations Attorney
    13. Chipley
      1. Kerry Adkinson: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
    14. Clearwater
    15. Cocoa
    16. Coconut Creek
      1. Medgebow Law: felony, misdemeanor and DUI criminal offenses
    17. Coconut Grove
    18. Coral Gables
    19. Coral Springs
    20. Crawfordville
      1. Sharpe Law Firm: According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.
    21. Crestview
    22. Dade City
      1. Chane & Eble: Criminal cases need immediate legal attention Criminal defense cases are very time-sensitive. If you have been or expect to be charged, you need to consult a criminal defense attorney as soon as possible. If you are charged with a DUI, you only have ten days to demand a formal or informal administrative review hearing to contest the minimum administrative suspension of your driverÕs license (minimum six-month suspension for a .08 breath test, and a minimum one-year suspension if you refused the breath test).
      2. Greenfelder, Mander, Murphy, Dwyer and Morris: INJURY & DEATH Personal Injury Wrongful Death Medical Malpractice FAMILY LAW Dissolution of Marriage Wills Probate Paternity Child Support Child Custody BUSINESS LAW Contracts Mediations Real Estate Zoning Easements Boundary Disputes Land Use Planning Construction Law Consumer Law Commercial Law CRIMINAL LAW Criminal Defense False Arrest Sex Crimes Homicide Drug Crimes Criminal Appeals DUI INSURANCE DISPUTES Automobile Insurance
    23. Davie
    24. Daytona Beach Daytona Beach
    25. Deerfield Beach
      1. Milrot, Mark: Driving under the Influence You only have 10 days from the date of your arrest to request an administrative hearing in order to prevent your Drivers' License from being suspended.
    26. DeFuniak Springs
      1. Ramy & Bytell: Criminal Traffic Citations Juvenile Law DUI Drug Possession Assault and Battery Theft and Burglary Violent Crimes Sex Offenses and Rape Parole and Probation Violations
      2. Adkinson Law Firm: One mistake in judgment or one false allegation can change your life permanently. So, when you have been arrested for DUI, it is critical that you contact an experienced attorney for advice and counsel.
    27. Deland
    28. Delray Beach
    29. Deltona
      1. Woodford, Christopher: Vital Information You Need to Know of a DUI or DWI Charge. 1. Should my case be dismissed if the officer never read me my Miranda Rights? 2. Why do I have two charges against me? 3. Why was my driver's license not returned to me when I was released? 4. What can be done to reinstate my driving privilege if I lost or failed to request a DMV hearing? 5. It's only a DUI; can't I just represent myself? 6. Is it important that my attorney have experience in the court where my case is pending? 7. How much will it cost to hire a lawyer? 8. What is the "rising blood alcohol defense"? 9. Are there any defenses available in a DUI/DWI case? 10. Will I miss much time from work because I have to appear in court on my DUI/DWI matter
    30. Destin
    31. Doral
      1. Trevilla, Arnold: FELONIES Drug Trafficking/Possession Firearm Charges Murder Armed Robbery Probation Violation MISDEMEANORS Battery Assault Petty Theft / Theft Disorderly Conduct and Intoxication Resisting Arrest Domestic Violence TRAFFIC CASES Driving Under the Influence of Alcohol or Drugs (DUI) Driving While License Suspended Reckless Driving
    32. Dunedin
      1. Bornost Law: An arrest for DUI can be an overwhelming and confusing time as one is confronted with the criminal and civil process simultaneously. If you have been arrested for DUI, you may want to consider your legal options and understand the criminal and civil process prior to going to court. A DUI conviction may lead to a suspension of your driverÕs license, criminal penalties, and an increase in your car insurance. When defending a DUI case, I treat each case differently, as no two cases are alike. Each case contains separate facts and circumstances which may be imperative in the defense of your case. DUI cases are fact specific and paying attention to the details is vital. Some of the important issues a DUI attorney must review in a DUI case are the following: The basis for the traffic stop Ð Why did the police stop you in the first place? Field Sobriety Exercises Ð What exercises were performed? Breath, Urine, or Blood Results Ð What was the outcome of the field sobriety tests? Any other pertinent information revealed through the investigative process. Any previous DUI convictions? DUI arrest involving a crash or serious bodily injury?
    33. Englewood
    34. Fern Park
      1. Johnson, David: Every day, people from all walks of life are charged with drunk driving in Florida. Facing DUI charges does not make you a bad person, but it can have serious consequences.
    35. Flemming Island
    36. Florida City
      1. Moss, Tony: # Homicide (murder, manslaughter) # Violent felony offenses (robbery, kidnapping, etc.) # Sexual offenses # White-collar and economic crimes # Drug offenses (possession, trafficking, conspiracy, etc.) # Burglary and theft offenses # Alien smuggling offenses # Probation violation hearings # Pre-indictment investigations # Grand juries # DUI and traffic matters # Misdemeanors # Internet offenses
    37. Fort Meyers
    38. Ft. Lauderdale Ft. Lauderdale Ft. Lauderdale Ft. Lauderdale Ft. Lauderdale
    39. Fort Pierce
    40. Fort Walton Beach
    41. Gainesville
    42. Grayton Beach
    43. Green Cove Springs
      1. Whittington & Culbert: Experienced attorneys have number of ways to defend a DUI, such as: Contesting a traffic stop Contesting arrest Personally representing you at DMV administrative hearings (to avoid suspension of your license or to obtain restricted driving privileges) Avoiding license suspension or jail time by negotiating a plea for a non-alcohol related traffic violation (such as reckless driving)
    44. Hallandale
    45. Hallandale Beach
      1. Tsyganov, Yuri: Fort Lauderdale Criminal Defense Attorney Criminal Defense Lawyer Fort Lauderdale If you or someone close to you has been arrested for a crime, it is important to consult with an experienced attorney immediately. A conviction for a criminal offense can have a devastating effect on your life, your family, your driving privilege, and even your freedom. There are several categories of criminal charges including: traffic crimes, misdemeanors, and felonies. Do not plead out your case without consulting with an Attorney You may have defenses you are not aware of Evidence against you may have been illegally obtained The Prosecution may not have enough evidence to convict you Make sure your rights are protected.
    46. Hiahleah
    47. High Springs
      1. Davison, Diane: Bankruptcy, Foreclosure Defense, Personal Injury, Insurance Law, Contract Formation and Review, Social Security Disability and Worker's Comp, Debt Collection Disputes, Wills and Probate, Family Law Issues, DUI, Landlord-Tenant Issues and other Civil Actions
    48. Hollywood
    49. Homosassa
      1. Christensen, Robert: Real Estate Criminal Defense Driving While Intoxicated
    50. Hudson
      1. Taylor, Eloise: Probate & Elder Law Criminal Law Divorce & Family Law Business & Contract Law * Wills * Trusts * Probate * Estate Litigation * Living Wills * Power of Attorney * Criminal Defense * DUI * Domestic Violence * Records Sealed & Expunged * Adoptions * Custody & Child Support * Domestic Violence Injunctions * Post Divorce Modifications * Prenuptial Agreements * Civil & Contract Litigation * Real Estate * Corporate Law
    51. Inverness
      1. Vaughn, Charles: A misdemeanor charge Ñ even a minor traffic violation Ñ can carry with it a wide range of potential criminal penalties. A conviction could result in steep fines, probation and jail time, in addition to impacting your employment prospects and personal life. But with an experienced attorney on your side, there is a chance to mount a successful defense.
      2. Militello, Paul: Facing a traffic or DUI charge can be frightening. Hefty fines, jail time, and loss of your driver's license are just a few consequences a person faces when they are dealing with a traffic citation. Because of these consequences, you need a lawyer who understands the criminal justice legal process and the options you have in defending yourself against them.
      3. Charles Vaughn: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers.
    52. Jacksonville Jacksonville Jacksonville Jacksonville Jacksonville Jacksonville
    53. Jacksonville Beach
      1. Quick, Heather: When you have been charged with a DUI, you want an experienced attorney to help minimize the consequences of an arrest or conviction. In addition to the loss of driving privileges and a potential increase in auto insurance premiums, you could face significant fines and penalties, as well as jail time. Your employment may even be at risk.
    54. Jupiter
      1. Lehman & Lithgow: Criminal Defense Law Criminal Trials Appellate Practice Drug Crimes DUI/BUI Felonies Juvenile Law Misdemeanors Probation Violations Sex Charges Traffic Offenses Robbery/Burglary Theft/Fraud Murder Computer Crimes Violent Crimes Domestic Violence Expungements
      2. Jeffrey Hap: A DUI is not a simple traffic infraction (although your arrest may be accompanied by a number of traffic violations), but a criminal offense with serious consequences.
    55. Kendall
    56. Key West
    57. Kissimmee
    58. Lake City
      1. Groland, Proctor & Fletcher: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
    59. Lakeland
    60. Lake Mary
      1. Remsen, Frank: Being arrested for drunk driving puts you at risk for a number of consequences, including the loss of your driver's license, fines, increased insurance premiums, not to mention the social stigma associated with drunk driving in our society. If you have been arrested for DUI/DWI, it is important to have an aggressive criminal defense lawyer on your side.
      2. Fisher & Frommer: General Practice Employment Law Administrative Family Law Bankruptcy Immigration Construction Landlord/Tenant Consumer Law Personal Injury Criminal Law Probate Debt Collection Wills & Estate
    61. Lake Murray
      1. Orth, Willaim: If either you are arrested or you get that phone call from jail telling you a friend or loved one is arrested, there are some questions you should answer immediately. 1. Who is my attorney? 2. What is the charge? 1. The charge is going to partially determine whether or not the person has a bond. Everyone is entitled to a bond unless it is a Violation of Probation, Capital Felony or Felony that is punishable by life in prison (PBL). All jurisdictions have a bond schedule which means if you are not in one of the no bond categories mentioned above, usually your bond will be in the amount listed in the bond schedule. I said Òpartially determineÓ before because if the facts are egregious or if you have a prior record, your bond may be higher than the schedule says. 3. Where did the offense occur? 1. Where the offense occurs can be important for several reasons. First, it may play a role in the bond amount. If the offense occurred in a Òhigh crime areaÓ the police or court may increase what the normal bond amount is. Second, and sometimes more importantly, where the offense occurred may help in investigating the incident and determining whether witnesses or video surveillance may be helpful in the defense. Often times, video surveillance is unavailable after 30 or 60 days so it is important to determine if video surveillance may exist and to request the video. 4. Who is the arresting agency? 1. There are times that learning who the arresting agency may assist in determining what jail your family member or friend is at. If you are not at the scene of the arrest, you may not know which jail and individual was taken to. Finding out who arrested the person may help in answering this question, whether it was a local police department or a federal agency. 5. What should I say without my attorney present? 1. Any statements you make may be used against you in court. The police only have to give Miranda warnings if you are questioned while in custody. Miranda warnings are the right to remain silent and the right to have an attorney present for any questioning. If you are questioned without being given Miranda warnings, those statements may not be admissible. Often times, though, people make spontaneous statements after being arrested or they waive their Miranda rights. You may think what you say is harmless at the time but later realize your statement is helping to convict you of a crime or is misconstrued by the police or prosecutor. This also includes not making statements to cellmates or to any family or friends over the phone while you are in jail.
    62. Lake Worth
      1. Merten Law Office: Some jurisdictions require that the individual claiming self-defense must retreat from the threat, if possible, prior to responding with force. However, where an individual is responding to a threat using non-deadly force, there is no such duty to retreat. Most states do not require individuals to flee before acting in self-defense where there is an imminent danger of death or severe bodily harm. In addition, most states that require individuals to retreat before responding to a threat with deadly force do not require the retreat if, given the circumstances, the retreat cannot be accomplished safely.
    63. Lakewood Ranch
      1. Thompson Goodis: Criminal Law Before answering any questions from investigators or police, it is extremely important that you speak with a criminal attorney.
    64. Largo
    65. Longwood
    66. Lutz
    67. Florida M-Z BACK TO DRUNK DRIVING DEFENSE