What Happens at a Florida DUI Arrest
A DUI arrest in Florida follows a predictable sequence, and understanding that sequence gives you — and your attorney — the ability to identify exactly where the State's case can be challenged.
It begins with the traffic stop. A law enforcement officer pulls you over based on observed driving behavior — weaving, speeding, running a red light, or a minor equipment violation. That observed behavior becomes the foundation of the officer's testimony and report. The stop itself must be legally justified by reasonable suspicion; if it isn't, everything that follows can be suppressed.
At roadside, the officer conducts a DUI investigation. This includes asking questions (you are not required to answer beyond identifying yourself), observing your appearance and behavior, and asking you to perform field sobriety exercises. This is also where the officer decides whether probable cause exists to arrest you.
Two Proceedings,
One Arrest
This is one of the most important things to understand about a Florida DUI arrest: it triggers two entirely separate legal proceedings simultaneously — a criminal case and an administrative license proceeding. They run in parallel, are decided by different decision-makers, and have different deadlines and consequences.
| Proceeding | Decision-Maker | Consequence | Key Deadline |
|---|---|---|---|
| Criminal Case | State Attorney → Judge/Jury | Conviction, jail, probation, fines, criminal record | Arraignment typically 3-4 weeks post-arrest |
| DHSMV Administrative | DHSMV Hearing Officer | License suspension (civil, not criminal) | 10 days from arrest to request hearing |
The administrative proceeding is entirely separate from the criminal case — you can win the criminal case and still have your license suspended administratively, or vice versa. Both proceedings must be actively defended from the day of arrest.
The Critical 10-Day Deadline
The single most time-sensitive action after a Florida DUI arrest is requesting a formal review hearing with the DHSMV. You have exactly 10 calendar days from the date of arrest. Not business days. Calendar days. If day 10 falls on a Sunday, the deadline does not extend to Monday.
If you do nothing, your license is automatically suspended:
| Situation | Automatic Suspension |
|---|---|
| First offense, BAC 0.08 or higher | 6 months |
| First offense, BAC 0.15 or higher | 6 months |
| First offense, test refusal | 12 months |
| Second or subsequent refusal | 18 months (plus misdemeanor charge) |
| Second offense BAC 0.08+ | 12 months |
When you request a formal review hearing, the automatic suspension is invalidated pending the hearing, and you receive a temporary driving permit that allows you to drive while the case is pending. This alone is reason enough to act within 10 days.
Florida DUI Penalties
by Offense Number
Florida DUI penalties escalate significantly with each subsequent offense and with aggravating factors including high BAC, presence of a minor in the vehicle, and accidents causing injury or death.
First DUI Offense
| Element | Standard | Aggravated (BAC ≥0.15 or Minor in Vehicle) |
|---|---|---|
| Fine | $500–$1,000 | $1,000–$2,000 |
| Jail | Up to 6 months | Up to 9 months |
| Probation | Up to 1 year (total w/ jail) | Up to 1 year |
| License Revocation | Minimum 180 days | Minimum 180 days |
| Community Service | 50 hours mandatory | 50 hours mandatory |
| DUI School | Required | Required (Level II) |
| Vehicle Impoundment | 10 days | 10 days |
| Ignition Interlock | Discretionary (mandatory if BAC ≥0.15) | Mandatory minimum 6 months |
Second DUI Offense
A second DUI within 5 years of the first carries a mandatory minimum 10 days in jail. Outside 5 years, a second DUI is still a misdemeanor but with enhanced penalties. Fines range from $1,000 to $4,000. License revocation is a minimum 5 years if within 5 years of prior conviction, with eligibility for hardship reinstatement after 1 year. An ignition interlock device is mandatory for a minimum of 1 year.
Third DUI Offense
A third DUI within 10 years of a prior DUI conviction is a third-degree felony in Florida, punishable by up to 5 years in prison and $5,000 in fines. License revocation is a minimum 10 years. A third DUI outside 10 years remains a misdemeanor with enhanced penalties.
Fourth and Subsequent DUI
Any fourth or subsequent DUI conviction is a third-degree felony regardless of when prior convictions occurred. The consequences of a felony DUI conviction include loss of voting rights, loss of firearm rights, and a permanent criminal record that follows every background check.
Breathalyzer & Chemical Tests
in Florida
The breathalyzer result is often the centerpiece of a DUI prosecution — but it is not unassailable. Florida's primary breathalyzer device is the Intoxilyzer 8000, a specific instrument with specific maintenance, calibration, and operator certification requirements. Failures in any of these requirements can invalidate the test result.
Implied Consent
Florida's implied consent law (Florida Statute §316.1932) provides that any person who operates a vehicle in Florida has implicitly consented to submit to a breath, blood, or urine test after a lawful arrest for DUI. The key word is "lawful" — if the arrest was not supported by probable cause, the implied consent obligation does not apply.
What Breathalyzer Challenges Look Like
Blood Tests
Blood tests are ordered when a breath test is unavailable or refused, or when the officer suspects drug impairment. Blood tests require a qualified technician to draw, proper handling and storage, and a documented chain of custody from the draw to the laboratory to the courtroom. Any break in that chain is a challenge point. Independent retesting of a preserved blood sample is available in some cases.
Field Sobriety Tests
in Florida
Field sobriety exercises (FSEs) are the roadside tests officers ask you to perform — walking a line, standing on one leg, following a pen with your eyes. They are entirely voluntary in Florida. You are not legally required to perform them, and there is no administrative penalty for refusing them (unlike chemical tests).
The three standardized field sobriety tests recognized by NHTSA are:
The critical point: these tests must be administered exactly as NHTSA specifies. Deviation from the standardized instructions — in how they are explained, demonstrated, or scored — can render the results unreliable. We review the officer's bodycam footage frame by frame against NHTSA's standardized protocol.
DUI Defense Strategies
That Actually Work
The best DUI defense begins before charges are formally filed — with thorough investigation of every element of the stop, the investigation, and the chemical test. Jeff Gorman prosecuted DUI cases as an Assistant State Attorney in the 19th Judicial Circuit. He knows exactly how these cases are built, where the evidence is typically weakest, and what arguments move judges and juries in Treasure Coast courtrooms.
Challenging the Traffic Stop
The 4th Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. A traffic stop is a seizure, and it must be supported by reasonable articulable suspicion that a traffic violation or crime has occurred. If the officer's reason for stopping the vehicle was insufficient, pretextual without legal basis, or fabricated, the stop is unconstitutional — and all evidence gathered as a result (the FSEs, the breathalyzer, the officer's observations) may be suppressed through a motion to suppress. A suppression order frequently results in dismissal of the DUI charge entirely.
Challenging the Arrest Decision
Even if the stop was lawful, the arrest must be supported by probable cause — a reasonable belief that you were driving under the influence. Probable cause requires more than an odor of alcohol; the officer must have observed signs of impairment sufficient to support the belief. We examine the officer's report and testimony for the specific observations cited as probable cause and challenge any that are legally insufficient, inconsistent, or contradicted by bodycam footage.
Breathalyzer and Blood Test Challenges
As described above, the chemical test result is the State's most powerful evidence — and it can be challenged at multiple levels. We obtain the complete maintenance and calibration record for the Intoxilyzer 8000 device used in your case, the operator's certification records, and the footage of the observation period. We retain independent experts in breath alcohol testing when the case warrants it.
Medical and Physiological Defenses
Certain conditions can produce breathalyzer readings that do not accurately reflect blood alcohol content. Gastroesophageal reflux disease (GERD) can cause mouth alcohol to be captured by the device, producing a falsely elevated reading. Type 1 diabetes and ketogenic diets produce acetone, a compound that some breathalyzers cannot distinguish from isopropyl alcohol. Neurological conditions affecting balance and coordination can cause FSE failures unrelated to alcohol impairment. These defenses require medical documentation and, in some cases, expert testimony.
Rising BAC Defense
Alcohol is absorbed into the bloodstream gradually over 30-90 minutes following consumption. If you consumed alcohol recently before driving, your BAC at the time of the traffic stop may have been below 0.08 even if it tested at or above that level 30-60 minutes later at the station. The rising BAC defense is applicable in cases where there is evidence of recent consumption and the BAC was close to the legal limit.
Hardship License
After a Florida DUI
A hardship license — formally called a "Business Purposes Only" license — allows a person whose license has been suspended to drive for essential purposes: work, school, medical appointments, religious activities, and other necessities. It does not allow unrestricted driving.
Hardship license eligibility after a DUI depends on whether you are in the administrative suspension period or the criminal revocation period, and whether you have prior DUI convictions:
| Situation | Hardship Eligibility | Requirements |
|---|---|---|
| First offense administrative suspension (BAC) | Immediately after enrolling in DUI school | DUI school enrollment, hearing waiver or formal review |
| First offense administrative suspension (refusal) | 90 days into suspension | DUI school enrollment |
| First offense criminal revocation | After completing DUI school and 90 days | DUI school Level I completion |
| Second offense within 5 years | After 1 year of 5-year revocation | DUI school Level II, evaluation, treatment |
| DUI manslaughter | After 5 years of permanent revocation | Strict requirements, DHSMV discretion |
DUI Manslaughter &
Felony DUI in Florida
When a DUI involves serious bodily injury or death, the charge elevates to felony level — and the consequences are dramatically more severe. These cases require experienced felony trial representation from the earliest stage.
DUI with Serious Bodily Injury
Causing serious bodily injury to another person while driving under the influence is a third-degree felony (Florida Statute §316.193(3)(c)2), punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. "Serious bodily injury" means injury involving a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a body part or organ.
DUI Manslaughter
When impaired driving causes the death of another person (or an unborn child), the charge is DUI Manslaughter — a second-degree felony (Florida Statute §316.193(3)(c)3) with a mandatory minimum 4-year prison sentence. The maximum sentence is 15 years. Additionally:
DUI Manslaughter defense focuses heavily on challenging causation (proving the accident was not caused by impairment), challenging the BAC evidence, and retaining independent accident reconstruction experts to dispute the State's theory of the crash.
What To Do
Right Now
If you or someone you know has been arrested for DUI in Florida, the following steps — taken in order — give you the best chance of a favorable outcome.