DUI Charge? We're Here To Help

What is "Driving Under The Influence" in Florida?

In Florida, Driving Under The Influence is defined as:

(1) Driving or being in "actual physical control" of a vehicle; AND

(2) (a) Being under the influence of alcoholic beverages, a chemical substance or controlled substance to the extent that your normal faculties are impaired; OR (b) Having a blood-alcohol level of 0.08 or higher; OR (c) Having a breath-alcohol level of 0.08 or higher.

ChatGPT Image May 26, 2025, 03_48_55 PM.png

What Happens To Your Drivers License?

Initial Administrative Suspension

If you are arrested for Driving Under the Influence, the law enforcement officer who arrested you "shall" suspend your driving privilege as follows:

If you provide a breath sample with a breath-alcohol content of 0.08 or higher, your license will be suspended for a period of 6 months unless your license has been previously suspended for a prior DUI.
If your license has been previously suspended for a prior DUI and you provide a breath sample with a breath-alcohol content of 0.08 or higher, your license will be suspended for a period of 12 months.
If you refuse to provide a breath, blood or urine sample, your license will be suspended for a period of 12 months unless you have previously refused to provide breath, blood or urine in a prior DUI case.
If you have previously refused to provide breath, blood or urine in a prior DUI case and you refuse to provide a breath, blood or urine sample, your license will be suspended for a period of 18 months.

Remember, this initial administrative suspension is different from any court-ordered suspension which may result from being convicted of Driving Under the Influence.

Potential Consequences of a First DUI Conviction

Driving Under the Influence:

Up to 6 months in the county jail.
12 months of probation.
A fine between $500-$1,000.
A drivers license suspension between 6 months-1 year.
50 community service hours.
Participation in "DUI school" which includes a substance abuse evaluation.
A 10-day immobilization of your vehicle.

Driving Under the Influence "Enhanced" (BAC over 0.15 or a minor was in the vehicle at the time of arrest):

Up to 9 months in the county jail.
12 months of probation.
A fine between $1,000-$2,000.
A drivers license suspension between 6 months-1 year.
50 community service hours.
Participation in "DUI school" which includes a substance abuse evaluation.
A 10-day immobilization of your vehicle.
A 6-month ignition interlock device on your vehicle.

Driving Under the Influence Causing Property Damage:

Up to 1 year in the county jail.
12 months of probation.
A fine between $500-$1,000.
A drivers license suspension between 6 months-1 year.
50 community service hours.
Participation in "DUI school" which includes a substance abuse evaluation.
A 10-day immobilization of your vehicle.
Payment of restitution to the owner of the damaged property.

Driving Under the Influence Causing Property Damage & "Enhanced":

Up to 1 year in the county jail.
12 months of probation.
A fine of between $1,000-$2,000.
A drivers license suspension between 6 months-1 year.
50 community service hours.
Participation in "DUI school" which includes a substance abuse evaluation.
A 10-day immobilization of your vehicle.
A 6-month ignition interlock device on your vehicle.
Payment of restitution to the owner of the damaged property.

Call (813) 501-3140 Now For A Free Case Consultation

"An arrest for Driving Under the Influence can be a deeply stressful and overwhelming experience. However, with the right defense attorney by your side, one mistake doesn’t have to shape the course of your future."

-J. Ruffin Hunt, ESQ.