Understanding DUI Charges in Florida

Driving under the influence is one of the most commonly charged criminal offenses in Tallahassee and throughout Florida, and it is treated with increasing severity at every level of the justice system. Under Florida Statute § 316.193, it is generally illegal to drive or be in actual physical control of a vehicle while impaired by alcohol, chemical substances, or controlled substances, or while having a blood-alcohol level (BAC) of .08 or higher.

A DUI arrest does not mean a DUI conviction. The State must prove its case beyond a reasonable doubt, and there are many points in a DUI case where the evidence can be challenged. From the initial traffic stop to the field sobriety exercises to the breath test itself, every step of the process must comply with strict legal and scientific standards. When those standards are not met, evidence may be suppressed or excluded, and charges can be reduced or dismissed.

If you have been arrested for DUI in Tallahassee or anywhere in North Florida, the most important thing you can do is speak with an experienced criminal defense attorney before making any decisions. The consequences of a conviction can be serious, and in many cases they may be avoidable with the right defense strategy. You should not plead guilty or no contest without first consulting a lawyer about your options.

Florida DUI Penalties

Florida DUI penalties escalate sharply with each subsequent offense. The law also imposes enhanced penalties for high BAC readings (.15 or above) and for DUI offenses involving a minor passenger.

First Offense DUI

A first DUI conviction is typically classified as a misdemeanor carrying a fine of $500 to $1,000 (or $1,000 to $2,000 if BAC was .15 or higher or a minor was in the vehicle), up to six months in jail (nine months with enhanced factors), a license suspension of 180 days to one year, a mandatory 10-day vehicle impoundment, 50 hours of community service, one year of probation, completion of DUI school, and a possible ignition interlock device (IID) requirement of six months.

Second Offense DUI

A second DUI conviction generally carries a fine of $1,000 to $2,000 (or $2,000 to $4,000 with enhanced factors), up to nine months in jail (twelve months with enhanced factors), and a mandatory one-year IID requirement. If the second offense occurs within five years of the first conviction, the court must typically impose a mandatory minimum of 10 days in jail, a five-year license revocation, and a 30-day vehicle impoundment.

Third Offense DUI

A third DUI offense within 10 years of a prior conviction is generally charged as a third-degree felony punishable by up to five years in Florida State Prison, a fine of $2,000 to $5,000, a mandatory minimum of 30 days in jail, a 90-day vehicle impoundment, a 10-year license revocation, and a mandatory two-year IID requirement. A third DUI more than 10 years after the prior conviction may still be charged as a misdemeanor but typically carries increased penalties.

Fourth and Subsequent Offenses

A fourth or subsequent DUI, regardless of when the prior offenses occurred, is generally charged as a third-degree felony carrying up to five years in prison and a permanent license revocation.

DUI with Serious Bodily Injury

DUI causing serious bodily injury to another person may be charged as a third-degree felony under § 316.193(3)(c)(2), punishable by up to five years in prison and a $5,000 fine.

DUI Manslaughter

DUI manslaughter is typically charged as a second-degree felony carrying a mandatory minimum of four years in prison and a statutory maximum of fifteen years, fines up to $10,000, and permanent license revocation. If the driver knew or should have known the crash occurred and failed to render aid or give information, the offense may be reclassified as a first-degree felony punishable by up to 30 years in prison.

Florida’s New DUI Refusal Law (Effective October 1, 2025)

Effective October 1, 2025, Florida enacted “Trenton’s Law,” which fundamentally changed the consequences of refusing a breath or urine test after a lawful DUI arrest. Under the previous implied consent framework, a first refusal resulted only in an administrative license suspension. A first refusal is now classified as a second-degree misdemeanor criminal offense. A second or subsequent refusal may be charged as a first-degree misdemeanor punishable by up to one year in jail, an 18-month license revocation, and a $1,000 fine. Under the new law, judges can no longer withhold adjudication of guilt on refusal charges, meaning a conviction becomes part of your permanent record.

This change is significant because it eliminates what had been a common strategic calculation in DUI cases. If you are arrested for DUI in Florida today, you may face criminal consequences whether you submit to testing or refuse. This makes it more important than ever to have an experienced defense attorney who understands how to challenge both the test results and refusal charges.

Consequences Beyond the Courtroom

A DUI conviction in Florida can carry collateral consequences that affect your life for years or permanently.

Driver’s License: Your license will typically be suspended or revoked. Hardship licenses may be available in some cases, but they are not guaranteed and generally come with significant restrictions, including mandatory IID installation.

Insurance: A DUI conviction typically causes auto insurance rates to increase substantially. Florida generally requires FR-44 insurance certification after a DUI conviction, which requires liability coverage at levels well above the state minimum for three years.

Employment: A DUI conviction appears on background checks and may disqualify you from employment in transportation, healthcare, education, law enforcement, the military, and positions that require a clean driving record or professional license.

Professional Licensing: Licensing boards for nurses, teachers, lawyers, CDL holders, real estate agents, and others may take disciplinary action based on a DUI conviction, including suspension or revocation.

Immigration: For non-U.S. citizens, a DUI conviction may trigger removal proceedings, denial of naturalization, or refusal of re-entry, particularly if the offense involves drugs, injury, or aggravating factors.

Criminal Record: A DUI conviction in Florida is generally not eligible for sealing or expungement. It typically remains on your permanent record for life.

How We Defend DUI Cases

At The Law Offices of Anabelle Dias, P.A., we defend DUI cases by examining every element of the State’s case. DUI prosecutions depend on a chain of evidence, and every link in that chain can be challenged.

Challenging the Traffic Stop

An officer must have reasonable suspicion of a traffic violation or criminal activity to initiate a traffic stop. If the stop was based on a hunch, an anonymous tip without corroboration, or a minor driving pattern that does not constitute a traffic infraction, the stop may be unconstitutional. If the stop is suppressed, everything that followed—the field sobriety exercises, the breath test, the arrest itself—may be excluded from evidence.

Challenging Field Sobriety Exercises

The National Highway Traffic Safety Administration (NHTSA) has established specific protocols for administering standardized field sobriety exercises, including the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand. These exercises are not foolproof even under ideal conditions. When officers fail to follow NHTSA protocols, administer exercises on uneven or slippery surfaces, fail to account for the driver’s age, weight, physical limitations, or medical conditions, or give confusing or incomplete instructions, the results may be unreliable and subject to challenge.

Field sobriety exercises are voluntary in Florida. You cannot be penalized for declining to perform them.



Challenging the Breath Test

Breath testing in Florida uses the Intoxilyzer 8000, and the State must generally demonstrate that the machine was properly maintained, calibrated, and operated according to FDLE administrative rules. We examine maintenance and calibration records, operator certifications, observation period compliance (the officer must observe the subject for 20 minutes before testing), and whether any substances, medical conditions, or environmental factors could have produced an inaccurate reading.

Rising Blood Alcohol Defense: Alcohol absorption can take 30 minutes to two hours after consumption. If you were tested well after you stopped driving, your BAC at the time of the test may have been higher than it was when you were actually behind the wheel. This “rising BAC” defense can be significant when the test result is near the .08 threshold.

Challenging the Arrest and Investigation

We review the officer’s entire investigation for constitutional issues: Was there probable cause for the arrest? Were Miranda rights properly administered before custodial interrogation? Was the implied consent warning read correctly? Were booking procedures followed? Violations at any stage may result in suppression of evidence.

Negotiation and Alternative Resolutions

Many DUI cases can be resolved without a trial. Where the evidence presents challenges for both sides, we negotiate for reduced charges (such as reckless driving), diversion programs where available, or sentencing outcomes that minimize the long-term impact on your life. Our goal is always the best possible outcome given the specific facts and circumstances of the case.

What to Do Next

If you have been arrested for DUI in Florida, time is critical. You generally have only 10 days from the date of your arrest to request a formal review hearing with the Department of Highway Safety and Motor Vehicles to challenge your administrative license suspension. If you miss that deadline, your license suspension typically takes effect automatically.

In general:

• Do not speak to law enforcement beyond providing basic identification.
• Do not agree to perform field sobriety exercises.
• Do not discuss your case on social media.
• Contact an experienced DUI defense attorney immediately.

Contact The Law Offices of Anabelle Dias, P.A. for a confidential consultation. We will review the facts of your arrest, explain your legal options, and begin building your defense.

Disclaimer: The information on this page is provided for general informational purposes only and is not legal advice. You should not act or refrain from acting based on anything you read here without first consulting with a licensed attorney about your specific facts and circumstances. Viewing this website, using the contact forms, sending a text message, calling our office, or communicating with The Law Offices of Anabelle Dias, P.A. through this site does not create an attorney–client relationship. An attorney–client relationship is only formed after you speak directly with an attorney at our office and we both sign a written engagement agreement. Any references to past results, testimonials, or case outcomes are provided for informational purposes only and are not a guarantee, prediction, or promise of any particular result. Every case is different and must be evaluated on its own facts, evidence, and applicable law.