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Read more →Fla. Stat. § 316.193 · Driving under the influence
DUI Defense Attorney in Tallahassee, FL
A DUI arrest opens two separate cases at once: a criminal prosecution and an administrative action against the driver license. The administrative side runs on a much shorter clock than most people expect.
Florida sets a 10-day window. Under Florida law, a request for a formal review hearing before the Department of Highway Safety and Motor Vehicles must be filed within 10 days of a DUI arrest. Where no request is filed, the administrative suspension proceeds on its own, separately from the criminal case. Deadlines turn on the facts of an individual case, and anyone facing a recent arrest should confirm the dates that apply to them with a lawyer.
Two cases, two tracks
The criminal case proceeds in county or circuit court and carries the potential for fines, probation, community service, DUI school, vehicle immobilization, and jail. The administrative case is handled by the DHSMV and concerns only your driving privilege. The two are decided separately, and winning one does not automatically win the other.
That 10-day window is the single most consequential feature of Florida’s DUI scheme, and the one most often missed.
Where DUI cases are challenged
These cases are more defensible than most people assume, because a DUI prosecution depends on a chain of procedures that each have to be done correctly.
- The stop. An officer needs reasonable suspicion to pull you over. If the stop was not lawful, what follows from it may be suppressed.
- Field sobriety exercises. These are standardized, and they are frequently administered incorrectly. They are also affected by injuries, medical conditions, footwear, weather, and road surface.
- Breath testing. The Intoxilyzer must be properly maintained, inspected, and operated by a licensed technician. Maintenance records, the 20-minute observation period, and operator certification are all discoverable and all fail more often than you would expect.
- Blood draws. These carry strict requirements for consent or a warrant, for who may draw the sample, and for chain of custody.
- Rising blood alcohol. The legal question is your alcohol level while driving, not at the station an hour later. Where absorption was still occurring, those numbers can differ materially.
Penalties escalate quickly
A first conviction generally brings fines, probation, community service, DUI school, license revocation, and possible vehicle immobilization. Enhancements apply for a breath level of .15 or above, or a minor in the vehicle. A second offense within five years carries mandatory jail. A third within ten years is a felony. A DUI causing serious bodily injury or death is charged far more severely.
A DUI conviction also cannot be sealed or expunged in Florida. It stays on the record permanently, which is why defending the charge, or negotiating it down to a lesser offense, carries weight well beyond the immediate penalty.
Why the early weeks matter
Most of what decides a DUI case is fixed in the hours surrounding the arrest: the basis for the stop, the conditions under which field sobriety exercises were administered, the observation period before a breath test, and the maintenance history of the instrument used. Recollection of those details fades quickly, and some agency records are retained only for a limited time.
That is the practical reason these cases reward early review. A consultation is where the deadlines that apply to a particular arrest get identified, the available evidence gets assessed, and the realistic range of outcomes gets explained. The first consultation with this office is free and carries no obligation.
Questions we hear every week
Common questions
Should I have refused the breath test?
Refusal carries its own consequences: a longer administrative suspension, and a second refusal is a separate criminal offense. It also removes a number from the State’s case. Which position is better depends on the specific facts, and it is a question best examined with counsel after the fact rather than second-guessed.
Can I get a hardship license?
Often yes. Depending on your record and whether you requested the formal review hearing, you may be eligible for a hardship license permitting driving for business or employment purposes, typically after enrolling in DUI school.
Will I go to jail for a first DUI?
Jail is possible but not typical for a first offense without aggravating circumstances. A high breath level, a minor in the car, an accident, or injuries change that calculation considerably.
Can a DUI be reduced to reckless driving?
Sometimes. A reduction to reckless driving, often called a “wet reckless,” is a common negotiated outcome where the State’s proof has weaknesses. Unlike a DUI, it may be eligible for sealing in some circumstances.
Do I have to appear in court?
In many misdemeanor cases an attorney can appear on your behalf for most hearings. Certain proceedings require your presence, and we will tell you clearly which ones those are.
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Read more →Questions about DUI defense?
The first consultation is free. Call and talk directly with an attorney who has handled these cases in the Second Judicial Circuit of Florida for 23 years.