fbpx

Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol. 

The standard BAC limit is .08 in every state in the United States, but the “zero tolerance” and “enhanced penalty” BAC limits can vary. In the state of Florida, the “zero tolerance” limit used for persons under the age of 21 is .02 while the limit for an “enhanced penalty” is .15.

DUI Penalties

Florida Statute 316.193 states any person who is convicted of a violation of a DUI will be punished:

  • By a fine of:
    • Between $500-$1,000.
  • By imprisonment for:
    • Up to 180 days.
  • Probation:
    • Supervision for 6-12 months.
  • Courses:
    • DUI Counterattack School
    • Victim Awareness Panel
  • Driver’s license suspension
    • Between 6-12 months (in addition to DMV suspension)
  • 50 hours of community service
  • 10-day vehicle immobilization (impound)
  • Mandatory additional costs
    • Court costs, cost of prosecution, and cost of investigation

These penalties above are increased if the DUI is enhanced by the driver having a BAC greater than .15 or by having a minor in the vehicle to include:

  • 6 months ignition interlock device
  • Fine between $1,000-$2,000

In Florida, you have 10 days from the time of the arrest to save your driver’s license. First-time offenders can either request an administrative hearing or forgo the hearing to obtain a hardship license immediately. 

The hearing is to determine whether the DMV correctly suspended your license for either being over the legal limit or refusing a breath test. Prior to the hearing, you will also receive a hardship license. If you don’t win at the hearing, you will have a waiting period of up to 90 days to get a hardship license. If you win the hearing, your license is reinstated.  

If you forgo the hearing, your license will be suspended and you will have to enroll in the DUI school prior to getting a hardship license. 

Defenses

Some ways to challenge DUI cases are: 

  • Improper stop by police
  • Failure to follow proper field sobriety test protocol
  • Inadequate testing and storage of blood alcohol samples
  • Medical conditions
  • Improper interrogation or Miranda violations
  • Blood draw legal issues

DUIs are very complicated and challenging for everyone involved and can be devastating if the driver is convicted. DUI Lawyer Brandon Gans has a great deal of experience representing clients that were issued DUIs and uses this experience to fight for his clients in court.

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

Learn More

Case Results

Our Reviews

Serving all of central Florida

Orange

Orange County, FL

Osceola

Orange County, FL

Seminole

Orange County, FL

Volusia

Orange County, FL

Hillsborough

Orange County, FL

Can You Lose Your License for Leaving the Scene of an Accident?

Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...

New Florida Law: Playing Loud or Excessive Music

On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...

What’s the Difference Between Assault & Battery in Florida?

Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...

What are Ignition Interlock Devices?

An ignition interlock device (IID) is a car breathalyzer that prevents drivers from starting their car until they blow into the device. In Florida, these are required for certain driving under the influence (DUI) convictions.  An ignition interlock device is a proper...

What are the benefits of having your record expunged?

If you have ever been arrested in Florida, whether or not the charges were dropped or a jury found you “Not Guilty,” your arrest is still public record. To prevent anyone from viewing your criminal record, you would want to look into having it sealed or expunged.  Not...

Real Life Criminal Court vs. TV Court

The courtroom dramas you see on television are fictionalized versions of what actually happens in real-life criminal court. On TV, it seems as if every criminal case goes to a trial and the defense and prosecution have to present their cases in front of a jury....

Orlando Street Racing Attorney

In Florida, street racing occurs when the driver competitively drives a vehicle in a speeding contest. Florida Statute 316.191 outlines the four aspects of racing in Florida: Speed or acceleration contest - driving any vehicle (including motorcycles) in any race,...

Can Florida Toll Violations Lead to a License Suspension?

In Florida, drivers are accustomed to the many toll roads across the state. With the advancements in technology, drivers can now use their E-Pass or SunPass to quickly pass through the toll booths. However, as with all technology, complications can arise, such as not...

Why Should I Hire a DUI Attorney?

If you get caught driving under the influence, you will be charged with a criminal case and will have to appear in court. This is something you can try and fight on your own, however, it is not recommended. Driving Under the Influence cases are very serious and the...

What is an SR-22 Document & Do I Need It?

There is a common misconception that SR-22 is insurance coverage. An SR-22 (“Safety Responsibility”) document is required when a driver is seeking to reinstate their license after it has been suspended for any reason, including a DUI conviction or reckless driving....

News & Posts

FAQs

Trivia

Orlando, FL

(407) 500-4267

132 E. Colonial Dr, Suite 200
Orlando, FL 32801

Hours: 9:00am-6:00pm

Tampa, FL

(407) 500-4267

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only

407-500-4267

Send Us a Message!

More Contact Info