Driving Under the Influence
DUI Defense
One arrest can create two urgent tracks: the criminal case and the driver-license case.
The stop, the test, the license.
Representation for DUI and traffic-related allegations in Orlando, Central Florida and Tampa Bay.
A DUI arrest moves on two tracks at once — the criminal case and the administrative side handled by the FLHSMV — and both carry deadlines.
Orientation
Understanding the charge or proceeding
Florida DUI cases are evidence-heavy and time-sensitive. The traffic stop, the observations, the field exercises, breath or blood testing, body-camera footage, maintenance records, medical conditions, and the timeline of alcohol or drug absorption may all matter. A separate administrative suspension can begin before the criminal case is resolved.
Florida law generally permits a DUI charge when a person drives or is in actual physical control of a vehicle while normal faculties are impaired by alcohol, specified chemical substances, or controlled substances, or while the person has an unlawful blood- or breath-alcohol level of 0.08 or higher. Because the statute reaches actual physical control, a case is not always limited to a vehicle observed moving.
A DUI allegation can also involve a reported refusal, prescription medication, cannabis or another controlled substance, a crash, injury, death, a passenger under 18, a reported level of 0.15 or higher, prior DUI history, or a commercial driver. Each of those variations changes the statute that applies and the issues worth examining.
Scope
Matters this area can include
Criminal court track
Driver-license track
Refusal allegations
Impairment by medication or a controlled substance
Enhanced allegations
Commercial and professional drivers
The Burden
What must be established
That the person drove or was in actual physical control of a vehicle.
That the person's normal faculties were impaired by alcohol, a chemical substance, or a controlled substance — or, alternatively, that the reported blood- or breath-alcohol level was 0.08 or higher.
That the test result, if the case relies on one, was produced by an approved method and a properly administered procedure.
For the administrative case, that the notice, the stop, and the reported refusal or test result satisfy the requirements of the license statute.
For any enhancement, the additional facts that specific statute requires.
Consequences
What is at stake
In the case itself
Beyond the courtroom
The Record
Evidence and issues counsel may examine
The legal basis for the stop or encounter, and how long the detention lasted.
The driving pattern, and whether the person was actually driving or in actual physical control.
Body-camera and dash-camera footage compared against the written report.
Conditions, instructions, administration, and interpretation of field sobriety exercises.
Breath instrument records, operator permits, the observation period, calibration, maintenance, interfering substances, and sample consistency.
Blood draw authority, collection, storage, chain of custody, laboratory method, measurement uncertainty, and possible medical contamination.
Drug-recognition observations, toxicology, prescription records, and whether a substance actually impaired normal faculties.
Statements, crash reports, witness accounts, medical conditions, footwear, road surface, weather, fatigue, injury, and timing.
The Approach
How the firm handles these matters
Review of the traffic stop, the reason for the detention and the officer's observations.
Scrutiny of field sobriety exercises, breath or blood testing and the procedures behind them.
Attention to the administrative license track alongside the criminal case.
Sequence
How the process may unfold
Stop, investigation, and arrest
The encounter, the roadside investigation, and the decision to arrest are all recorded in ways that can be reviewed later.
Notice of suspension
A notice of suspension may be issued at the time of arrest, starting the administrative clock independently of the court case.
Administrative review window
Under current section 322.2615, the review request generally must be made within 10 days of issuance of the notice. Have the notice reviewed immediately rather than waiting for a court date.
Charging and arraignment
The prosecutor files a charging document, and the criminal case proceeds on its own schedule.
Discovery and motion practice
Records, video, instrument documentation, and laboratory materials are obtained and tested against the report.
Resolution
Negotiation or trial in the criminal case, with any court-ordered consequences following only a conviction.
Inquiry
Questions that can shape the defense
Was there a lawful basis for the stop, and did the detention stay within that basis?
Do the recordings match what the report describes?
Were the field exercises administered under conditions that make the results meaningful?
Was the breath instrument properly maintained, and was the operator authorized and following procedure?
For a blood case, does the collection, storage, and analysis record hold together?
Is there a medical, dietary, or physical explanation the investigation never considered?
Practical Steps
What to do now
Questions & Answers
Frequently asked questions
Is 0.08 the only way the State can prove DUI?
No. Florida law also permits an impairment theory. Conversely, a reported number is evidence, not the end of every legal or scientific question.
Can I be charged if the car was parked?
Potentially. Florida's statute includes actual physical control, which is fact-dependent.
Is the license suspension the same as the criminal case?
No. They are separate proceedings with different decision-makers and timelines.
How quickly must I address the administrative suspension?
Current Florida law generally gives 10 days from issuance of the suspension notice to request review or to pursue the applicable statutory option. Have the notice reviewed immediately.
What if I refused testing?
For arrests on or after October 1, 2025, refusing can also lead to a separate criminal charge under Florida Statute § 316.1939. If the officer's request was lawful, a first refusal is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. A second or subsequent refusal is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. These penalties are in addition to the administrative suspension of your license. Not every refusal results in a charge, so it's worth having the details of the stop reviewed.
Can legal medication result in a DUI charge?
Yes, if the government alleges it impaired normal faculties. Having a prescription does not automatically resolve the impairment question.
Will a first DUI automatically mean jail?
The statute authorizes incarceration, but the lawful outcome depends on the precise charge, the evidence, history, enhancements, negotiations, and the court. It cannot be predicted.
What records should be preserved?
The citation, suspension notice, property receipt, release documents, medication list, medical information, photographs, receipts, location history, and any available video.
Related Resources
Useful while your case is pending
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