Top-Rated South Florida DUI Lawyer In Florida

A DUI arrest in Florida starts two separate proceedings: the criminal case in court and an administrative license suspension by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), the agency most people call the DMV.

The officer takes your license at the arrest and issues a 10-day temporary permit. Under Fla. Stat. 322.2615(1)(b), you have 10 days from the date on the notice of suspension to request a formal or informal review hearing, or to ask for a review of eligibility for a hardship license under Fla. Stat. 322.271(7). If you do nothing, the suspension takes effect automatically when the permit expires: 6 months for a first breath or blood result of 0.08 or higher (1 year if you have a prior suspension) and 1 year for a first refusal (18 months for a second). Drivers under 21 face a separate 6-month suspension at 0.02 or higher under Fla. Stat. 322.2616, and a commercial driver at 0.04 or higher while driving a commercial vehicle faces disqualification under Fla. Stat. 322.62 and 322.61.

At a formal review, a hearing officer decides by a preponderance of the evidence whether the officer had probable cause to stop and arrest you and whether you had an unlawful alcohol level or refused a lawful test. Our Florida DUI lawyers from Weinstein Legal Team can represent you at that hearing, subpoena and question the arresting officer, and challenge the breath or blood test results.

Under Florida Statute 316.193, the aggravating circumstances that raise DUI penalties are a blood or breath alcohol level of 0.15 or higher, a passenger under 18 in the vehicle, causing property damage or injury to another person, causing serious bodily injury, causing a death, and prior DUI convictions. Speeding is not a DUI enhancement in Florida, and leaving the scene of a crash is charged as a separate offense on top of the DUI.

With a 0.15 level or a minor passenger, a first conviction carries a fine of $1,000 to $2,000 and up to 9 months in jail instead of 6 (s. 316.193(4)). A third DUI within 10 years, a DUI causing serious bodily injury, and DUI manslaughter are felonies that carry state prison time.

A second conviction within 5 years means a driver's license revocation of at least 5 years, and a third within 10 years at least 10 years (s. 322.28(2)(a)).

Even a first DUI is expensive once fines, court costs, DUI school, license reinstatement fees and higher insurance premiums are added up. Talk to a DUI lawyer at Weinstein Legal Team before your first court date.

A first DUI in Florida is a misdemeanor under Florida Statute 316.193, and the penalties rise with each prior conviction, a blood or breath alcohol level of 0.15 or higher, a passenger under 18, or a crash that injures someone.

A first DUI conviction with no aggravating factors carries:

• A fine of $500 to $1,000 ($1,000 to $2,000 if your blood or breath alcohol level was 0.15 or higher or a person under 18 was in the vehicle).
• Up to six months in jail (up to nine months with those aggravating factors). There is no mandatory jail time for a first conviction.
• Probation of up to one year with at least 50 hours of community service.
• Driver license revocation of 180 days to one year under Florida Statute 322.28(2)(a)1, on top of any administrative suspension for a breath test of 0.08 or higher or a refusal.
• A 10-day impoundment or immobilization of your vehicle.
• DUI school with a substance abuse evaluation, and treatment if the evaluation calls for it.
• An ignition interlock device for at least six months if your level was 0.15 or higher or a minor was in the vehicle, and at the court's discretion for any first conviction at 0.08 or higher.
• FR-44 insurance for three years, with liability limits of $100,000 per person, $300,000 per crash and $50,000 for property damage (Florida Statute 324.023).

A second conviction carries a $1,000 to $2,000 fine, up to nine months in jail and a one-year ignition interlock, plus at least 10 days in jail and a five-year license revocation if it is within five years of the first. A third DUI within 10 years of a prior conviction and any fourth DUI are third-degree felonies punishable by up to five years in prison. A DUI that causes serious bodily injury is a third-degree felony, and DUI manslaughter is a second-degree felony with a mandatory minimum of four years in prison.

• You do not have to do field sobriety tests
• You do not have to provide a breath sample; however, refusing means a one-year license suspension (18 months for a second refusal) under Fla. Stat. 316.1932, and a first refusal of a breath or urine test is now a second-degree misdemeanor under Fla. Stat. 316.1939 (up to 60 days in jail and a $500 fine)
• You don’t have to speak to the officers about anything other than your biographical and contact information
• Don’t provide evidence to the police
• Provide your name, registration, insurance, and be respectful

Florida's legal limit is a blood or breath alcohol level of 0.08 (Florida Statute 316.193(1)). At or above 0.08 you can be convicted of DUI without any other proof of impairment; below it you can still be convicted if the state proves your normal faculties were impaired. A level of 0.15 or higher brings a higher fine and a longer maximum jail term (Florida Statute 316.193(4)). A driver under 21 with a level of 0.02 or higher faces an administrative license suspension of six months for a first violation (Florida Statute 322.2616), which is separate from a DUI charge. A commercial driver may not drive with any alcohol in their body and is placed out of service for 24 hours; at 0.04 or higher they also face a one-year disqualification from commercial driving (Florida Statutes 322.62 and 322.61(3)).

An officer's observations can support a DUI charge even when your BAC is below 0.08, because Fla. Stat. 316.193(1)(a) makes it a crime to drive while your normal faculties are impaired by alcohol or drugs, with no minimum BAC. Those observations usually include erratic driving, slurred speech, the smell of alcohol, or poor performance on field sobriety exercises. A DUI defense lawyer can challenge how subjective those observations are, how the field sobriety exercises were given, and the officer's interpretation of them in court.

A first DUI conviction in Florida carries, under Fla. Stat. 316.193, a fine of $500 to $1,000, up to 6 months in jail, probation of up to 1 year, at least 50 hours of community service, a 10-day vehicle impoundment, and DUI school with a substance abuse evaluation. The court must also revoke your license for 180 days to 1 year under Fla. Stat. 322.28(2)(a)1. If your breath or blood alcohol level was 0.15 or higher or a passenger under 18 was in the car, Fla. Stat. 316.193(4) raises the fine to $1,000 to $2,000 and the maximum jail term to 9 months and requires an ignition interlock device for at least 6 months. In some cases the prosecutor agrees to reduce the charge to reckless driving under Fla. Stat. 316.192, which avoids the mandatory DUI penalties; whether that is available depends on the evidence in your case.

Refusing a breath, blood or urine test after a DUI arrest has three consequences in Florida. Under the implied consent law (Fla. Stat. s. 316.1932), your driver's license is suspended for one year for a first refusal and 18 months if you have refused before, and the refusal itself can be used as evidence against you at trial. Since October 1, 2025, a first refusal of a breath or urine test is also a second-degree misdemeanor under s. 316.1939, punishable by up to 60 days in jail and a $500 fine. The refusal does deny the prosecution a chemical test result, so the state has to prove impairment from the officer's observations, video and field sobriety exercises instead. One of our DUI lawyers can explain the potential consequences and strategies following a refusal, possibly using the lack of chemical evidence as a part of your defense strategy.

Yes. A DUI can affect a professional license and, for non-citizens, immigration status. Florida health care licensees must report a DUI conviction or plea, including a plea with adjudication withheld, to their board in writing within 30 days (Florida Statute 456.072(1)(x)), and the board can discipline for a crime related to the practice of the profession. Real estate licensees must report a felony plea or conviction to the Florida Real Estate Commission within 30 days (Florida Statute 475.25(1)(p)), and The Florida Bar can discipline a lawyer for a criminal conviction. A single misdemeanor DUI is usually not by itself a deportable offense. A DUI arrest or conviction within the previous five years can lead to prudential revocation of a nonimmigrant visa under 9 FAM 403.11-3 and 403.11-5(B), subject to the Department's procedures and exceptions. A DUI involving drugs, a child passenger, or serious injury can carry heavier immigration consequences. Discuss travel and immigration consequences with immigration counsel before accepting a plea or traveling. Tell your DUI attorney about any license or immigration status before you accept a plea, because the consequences follow from what you plead to.