Criminal Defense · Jeff T. Gorman Law Offices

Florida DUI Defense
The Prosecutor Who Knows
How the State Builds Its Case.

A DUI arrest triggers two proceedings simultaneously — a criminal case and a DHSMV license suspension. You have 10 days to protect your driving privileges. Not 11. Jeff Gorman prosecuted DUI cases in the 19th Judicial Circuit. He knows every argument the State makes — and every way to challenge them.

Free Consultation Call (772) 888-8888
10-Day DHSMV Deadline — Call Now Before It Expires
Jeff T. Gorman
Jeff T. Gorman
Founding Attorney · FL Bar #538183
100+
Felony Jury Trials
19th
Circuit Former Prosecutor
4.9★
Google Rating · 260+ Reviews
“I prosecuted more felony jury trials than any other attorney in the 19th Circuit. I know exactly how the State builds its case — and exactly how to take it apart.”
What the State Has Working Against You
●The arresting officer’s observations — odor, slurred speech, bloodshot eyes — are documented and rehearsed for court
●Breathalyzer or blood BAC results presented as scientific certainty
●Dashcam and bodycam footage that prosecutors will use selectively
●Field sobriety test “failures” scored by the officer who already decided to arrest you
●A DHSMV license suspension proceeding running parallel to your criminal case

What the Evidence Shows —
and Where It Can Be Challenged

Most people assume a DUI arrest means a DUI conviction. It doesn’t. Florida DUI cases are built on three pillars — the traffic stop, the roadside investigation, and the chemical test — and each pillar can be challenged. Jeff Gorman spent years as a prosecutor in the 19th Judicial Circuit handling DUI cases. He knows exactly what the State needs to prove, exactly where the evidence is weakest, and exactly what arguments move judges and juries in Martin and St. Lucie County courtrooms.

A DUI charge carries consequences beyond criminal penalties — your license, insurance rates, professional license, and reputation are all at stake. The earlier we get involved, the more options we have. Evidence can be preserved, the DHSMV hearing requested, and the defense built before critical windows close.

⚖️ Florida DUI Law — What the State Must Prove
Florida Statute §316.193 defines DUI as operating a vehicle while impaired by alcohol or controlled substances, OR with a blood-alcohol level of 0.08 or higher. The State must prove: (1) you were driving or in actual physical control of a vehicle; (2) you were impaired or had unlawful BAC. Both elements must be proven beyond a reasonable doubt. “Actual physical control” is broader than driving — it includes sitting in a parked car with keys accessible.
Florida Statute §316.193 · Florida Statute §322.2615 (DHSMV Administrative Suspension) · Florida Statute §316.1932 (Implied Consent)

How We Fight This Charge

Stop Was Unlawful
The 4th Amendment requires reasonable suspicion to pull you over. An improper stop can result in all evidence gathered afterward being suppressed — potentially ending the case entirely.
Breathalyzer Challenges
Intoxilyzer 8000 devices require proper maintenance, calibration, and operator certification. Errors in any element can invalidate the BAC reading.
Field Sobriety Test Issues
FSTs are voluntary in Florida and subject to officer error in administration and scoring. We review standardized procedures and bodycam footage for every deviation.
Blood Test Chain of Custody
Blood draws require qualified personnel, proper handling, and documented chain of custody. A break anywhere in this chain challenges the result.
Rising BAC Defense
BAC at the time of testing may be higher than BAC at the time of driving. If you had recently consumed alcohol, the rising BAC defense may apply.
Medical Conditions
GERD, diabetes, and neurological conditions can cause false breathalyzer readings or affect field sobriety test performance.
Notable Results
ACQUITTED
DUI · BAC Over 0.08 · Jury Trial
DISMISSED
DUI Charges · Unlawful Stop · Pre-Trial Motion
REDUCED
DUI to Reckless Driving · No Criminal Record

Past results do not guarantee a similar outcome. Case details available upon request.

Common Questions

DUI Defense Attorney FAQ

What happens after a DUI arrest in Florida? +
After a DUI arrest in Florida, you face two separate proceedings: a criminal DUI case in circuit or county court, and a civil DHSMV license suspension proceeding. You have only 10 days from the date of arrest to request a formal review hearing to contest the license suspension. If you miss this window, your license is automatically suspended. Call an attorney immediately.
Can a DUI be dismissed in Florida? +
Yes. DUI charges in Florida can be reduced or dismissed based on numerous grounds including improper stop, lack of probable cause, breathalyzer calibration errors, improper field sobriety test administration, chain of custody issues with blood tests, and constitutional violations during the stop or arrest. An experienced DUI attorney analyzes every element of the State's case.
What is the 10-day rule for Florida DUI? +
After a DUI arrest in Florida, you have 10 calendar days to request a formal review hearing with the DHSMV to challenge the administrative license suspension. If you do nothing, your license is automatically suspended: 6 months for a first offense BAC over 0.08, up to 18 months for a refusal. This deadline is strict and cannot be extended.
What are the penalties for a first DUI in Florida? +
A first DUI conviction carries fines of $500-$1,000, up to 6 months in jail, 50 hours of community service, 1-year probation, 6-12 month license revocation, DUI school completion, and ignition interlock for BAC over 0.15 or a second conviction.
Related Practice Areas
Criminal Traffic
DUI Manslaughter, vehicular homicide, and felony traffic charges.
Drug Crimes
Drug charges often arise from the same traffic stop as DUI charges.
Felony DUI
Third and fourth DUIs and DUI with serious bodily injury are felonies in Florida.
Free Consultation · 24/7

DUI Arrest? The 10-Day
Window Is Already Running.

Call (772) 888-8888 right now. The DHSMV deadline waits for no one. Jeff Gorman has been on the other side of DUI prosecutions — that knowledge is now working for your defense.

(772) 888-8888 PSL: (772) 236-5203 Free Online Consultation

Free initial consultation does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Florida Bar Rules 4-7.1 through 4-7.20 apply.