Central Florida Criminal Defense Attorney
A conviction of driving under the influence (DUI) in Florida can have severe consequences, both financially and legally. At Frost Law, we are committed to defending your rights and as a former prosecutor, Attorney Frost can help you navigate the legal system and achieve the best outcome for your case.
Don’t face a DUI charge alone, the experienced team at Frost Law is ready defend your rights and protect your future. With over 10 years experience prosecuting and defending DUI charges, Attorney Frost is well-versed on the law, the best defense tactics and has the advantage of knowing exactly how the state thinks, having worked as a former prosecutor.
This comprehensive guide aims to shed light on the nuances of Florida DUI laws, including the legal definition, penalties, defense strategies, and essential resources for those facing a DUI charge.
When it comes to DUI charges in Florida, it’s crucial to understand the specific scenarios that may lead to legal repercussions. The expert team at Frost Law handles a range of cases, including but not limited to:
Each case is unique, and our experienced DUI attorney will design a defense strategy to address the specific circumstances of your case.
In Florida, the legal term used is “Driving Under the Influence” (DUI), distinct from other states that may use “Driving While Intoxicated” (DWI). The state defines driving for DUI purposes as being “in actual physical control of a vehicle.” Understanding this definition is vital, as it encompasses various situations, from sitting in the driver’s seat with keys in the ignition to lying down in the back seat.
There are two primary ways to be considered “under the influence” in Florida:
In the state of Florida, the consequences for driving under the influence (DUI) become more severe with each subsequent conviction, following a pattern similar to many other states. Additionally, Florida adjusts the penalties for all DUI offenses when the blood alcohol concentration (BAC) exceeds 0.15 or when there is a minor present in the vehicle. Here is a breakdown of penalties for common DUI charges:
First DUI Conviction: A first-time DUI conviction in Florida results in a fine ranging from $500 to $1,000 and a maximum imprisonment period of six months. However, if the BAC is over 0.15 or there is a minor in the vehicle, the fine increases to $1,000-$2,000, and the potential imprisonment period extends to nine months.
Second DUI Conviction: For a second DUI conviction in Florida, irrespective of the time elapsed since the first conviction, the penalties mirror those of a first DUI with aggravating factors. This includes a fine of $1,000-$2,000 and imprisonment for up to nine months. Additionally, a second DUI mandates the installation of an interlock ignition device on all vehicles co-owned by the offender for at least one year. These devices incur annual costs for installation and monitoring, requiring the driver to pass a breath test confirming sobriety before starting the vehicle. If aggravating factors are present for a second DUI, such as a BAC over 0.15 or the presence of a minor, the fines escalate to $2,000-$4,000, and the potential imprisonment period extends to 12 months.
Third and Fourth DUI Conviction: A third DUI conviction within 10 years of the second is classified as a felony, and a fourth DUI is considered a felony regardless of the time elapsed. The penalties for these convictions are as follows:
Third DUI Within 10 Years of Second (Felony)
Third DUI After 10 Years
Fourth DUI (Felony)
Beyond the risk of losing driving privileges, facing incarceration, and dealing with substantial fines, Florida imposes additional penalties for DUI convictions. The state mandates the impoundment of all vehicles involved in a DUI, and the duration of impoundment depends on the number of convictions.
For a first-time conviction, the vehicle will be impounded for 10 days. For a second conviction within five years, the impoundment period extends to 30 days. For a third conviction within 10 years, the vehicle faces impoundment for 90 days. Moreover, a DUI resulting in property damage or non-serious personal injury can lead to a fine of up to $1,000 and a maximum jail term of one year. If the DUI causes serious injury, the penalties escalate to a fine of up to $5,000 and a potential prison sentence of up to five years.
The consequences become even more severe for DUI manslaughter or vehicular homicide, classified as second-degree felonies. Offenders may incur fines of up to $10,000 and face imprisonment ranging from four to 15 years, along with up to 15 years of probation. Failure to provide assistance or report the crash, when the driver was aware or should have been aware of it, can result in imprisonment for up to 30 years.
License Suspension in Florida
Apart from criminal repercussions, a significant non-criminal penalty for DUI in Florida is the suspension of driving privileges. The duration of the suspension varies depending on the number of offenses, with more severe consequences for repeated violations.
If you’re facing a DUI charge, it’s essential to look at every possible defense strategy to protect your rights and secure the best possible outcome for your future. Frost Law provides comprehensive legal expertise and some common defense tactics we employ include:
Challenging the Legitimacy of Traffic Stops: The defense strategy known as the “lack of probable cause for the traffic stop” is frequently employed in DUI cases. For a traffic stop to be lawful, law enforcement must possess a “reasonable suspicion” or “probable cause” to believe that the driver has committed a traffic violation, is driving under the influence, or is involved in criminal activity.
Probable cause may encompass various factors, including but not limited to:
Successfully arguing that there was no probable cause for the initial traffic stop can render evidence gathered during the stop, such as field sobriety tests or breathalyzer results, inadmissible in court. This potential outcome may lead to the dismissal of DUI charges.
It is advisable to consult with seasoned Florida DUI attorneys to assess the particulars of your case and determine the appropriateness of the “lack of probable cause for the traffic stop” defense. They can help scrutinize the details of the traffic stop and evaluate whether the officer had a valid reason for initiating it.
Failure to Adhere to Proper Procedure During Field Sobriety Tests:
Another commonly employed defense strategy in DUI cases is the “failure to follow proper procedure during field sobriety tests.” These tests are designed to assess a driver’s balance, coordination, and ability to follow instructions, aiding law enforcement in determining alcohol or drug influence. The standardized field sobriety tests include the horizontal gaze nystagmus (HGN) test, walk-and-turn test, and one-leg stand test.
Law enforcement officers must adhere to specific guidelines and procedures when administering these tests. Examples of procedural errors include:
Experienced DUI attorneys can evaluate whether procedural errors occurred during the administration of field sobriety tests in your case and determine the appropriateness of this defense strategy.
Successfully arguing that the officer did not follow proper procedure during field sobriety tests can lead to the court questioning the reliability of the test results, potentially resulting in their exclusion as evidence. This defense strategy can bolster the defendant’s chances of avoiding a DUI conviction.
Challenging the Accuracy of Breathalyzer Test:
The defense strategy of an “inaccurate or improperly administered breathalyzer test” is frequently employed in DUI cases to dispute the validity of breath test results. Breathalyzer tests estimate blood alcohol content (BAC) by measuring alcohol in a person’s breath. However, these tests may yield inaccurate results due to various factors or improper administration by law enforcement.
Reasons for inaccurate or improperly administered breathalyzer tests include:
Successfully arguing that the breathalyzer test was inaccurate or improperly administered can lead to the court questioning the reliability of the results and potentially excluding them as evidence. This defense strategy may weaken the prosecution’s case, improving the likelihood of avoiding a DUI conviction.
Experienced DUI attorneys can review the circumstances surrounding the breathalyzer test in your case and determine whether there are grounds to challenge its accuracy or administration.
A DUI conviction can carry severe penalties but having a skilled attorney by your side can make a significant difference in the outcome of your case. Frost Law can provide essential assistance in the following ways:
Frost Law is dedicated to protecting your rights and your future. If you’re facing a DUI charge in Central Florida, let our experienced legal team put our knowledge, resources and defense tactics to work to defend your case. As a former prosecutor, Attorney Frost knows the ins and outs of how the state approaches DUI charges. If you’ve been accused of DUI or related offenses, contact us today to protect your rights and secure the best possible outcome for your case.
Attorney Frost is dedicated to providing strategic and personalized representation, guiding you through the legal process with expertise and compassion.
Our commitment to open communication, strategic advocacy, and a relentless pursuit of justice sets us apart. If you find yourself facing DUI charges in Florida, contact Frost Law for a confidential consultation, and let us help you protect what matters most.
Depending on specific criteria, individuals may be eligible for a pretrial intervention program, leading to the dismissal of a first-time DUI. Approval from the judge, prosecutor, and any victims involved is essential for program completion and subsequent record expungement.
Regaining your license involves completing all requirements, including substance abuse classes and DUI school. Proof of completion, along with applicable fees, must be presented at any Florida driver license service center.
While some DUI offenses are felonies in Florida, this classification typically applies to the third DUI within a ten-year period, the fourth overall, incidents causing serious bodily injury, or those resulting in death.
DUI checkpoints are legal in Florida, with specific regulations in place to ensure transparency and limited stop times.
Most DUI cases in Florida, categorized as misdemeanors, generally take three to six months to resolve.
Unlike some states where DUI records may have limited durations, a DUI in Florida becomes a permanent part of your driving record, making it ineligible for expungement.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
Serving Orange County, Lake County, Seminole County, Osceola County, Brevard County & Polk County