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

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

DUI Penalties in Florida

According to Florida Statute 316.193, anyone convicted of DUI may face:

• Fines: $500–$1,000

• Imprisonment: Up to 180 days

• Probation: 6–12 months of supervision

• Mandatory courses:

  • DUI Counterattack School

  • Victim Awareness Panel

• Driver’s license suspension: 6–12 months (in addition to DMV suspension)

• Community service: 50 hours

• Vehicle impoundment: 10-day immobilization

• Additional costs: Court costs, prosecution fees, and investigation costs

Enhanced Penalties

Penalties increase if the driver’s BAC is over .15 or if a minor is in the vehicle, including:

• Installation of a 6-month ignition interlock device

• Fine: $1,000–$2,000

Driver’s License and Hearings

In Florida, you have 10 days from the date of arrest to act on your driver’s license. First-time offenders can:

• Request an administrative hearing, or

• Forgo the hearing and apply immediately for a hardship license.

The hearing determines if the DMV lawfully suspended your license for being over the limit or refusing a breath test.

• If you win, your license is reinstated.

• If you lose, you may face up to a 90-day waiting period before obtaining a hardship license.

If you forgo the hearing, your license will remain suspended until you enroll in DUI school to qualify for a hardship license.

Common DUI Defenses

Attorneys may challenge DUI charges by arguing:

• Improper traffic stop

• Errors in field sobriety testing

• Mishandling of blood alcohol samples

• Medical conditions mimicking impairment

• Miranda rights or interrogation violations

• Illegal or improperly conducted blood draws

Conclusion

DUIs are serious, complex cases that can be life-changing if convicted. An experienced DUI lawyer, such as Attorney Brandon Gans, has extensive experience defending DUI charges and uses that expertise to fight for his clients in court.