Protecting
Your Rights
Your Rights
DUI Defense
Driving Under the Influence Elements
In Florida, you can be charged with driving under the influence under Fla. Stat. 316.193. The State will have to prove that you drove or were in actual physical control of a vehicle and that you had an alcohol level of .08 or more or that you were under the influence to the extent your normal faculties were impaired.
Field Sobriety Exercises and Breath/Urine Sample
After the traffic stop you will most likely be asked to complete field sobriety exercises and eventually will be asked to give a sample of your breath and urine, if drug use is suspected. Having a DUI charge not only has criminal implications but you will also face administrative driver license suspension.
Misdemeanor or Felony
A DUI can be charged as a misdemeanor unless there are aggravating factors such as a third or subsequent offense, serious bodily injury to another, death of a human being or failing to render aid after a DUI crash.
Enhanced Penalties
The penalties in a DUI can also be enhanced if certain factors are present. If you blew over a .15, you had a minor in the vehicle or you caused a motor vehicle accident.
DUI Penalties
There are numerous penalties involved with a DUI charge, including incarceration, fines, driver license revocation, impoundment or immobilization of vehicle, DUI school and interlock ignition device.
| Conviction | Imprisonment | Blew .15 or higher or if minor in vehicle |
|---|---|---|
| First | Not more than 6 months | Not more than 9 months |
| Second | Not more than 9 months | Not more than 12 months |
| Second (within 5 years of prior) | Mandatory 10 days | |
| Third (within 10 years from prior) | Mandatory 30 days | |
| Third (more than 10 years from prior) | Not more than 12 months | |
| Fourth or subsequent | Not more than 5 years |
| Conviction | Fine | Blew .15 or higher or if minor in vehicle |
|---|---|---|
| First | $500 – $1,000 | $1,000 – $2,000 |
| Second | $1,000 – $2,000 | $2,000 – $4,000 |
| Third (within 10 years from second offense) | $2,000 – $5,000 | Not less than $4,000 |
| Third (more then 10 years from second offense) | $2,000 – $5,000 | Not less than $4,000 |
| Fourth or subsequent | Not less than $2,000 | Not less than $4,000 |
| Conviction | Driver License Revocation |
|---|---|
| First without bodily injury | Min 180 days – Max 1 year |
| First with bodily injury | Min 3 years |
| Second (within 5 years from prior) | Min 5 years |
| Second (5 or more years after first) | Same revocation as first applies |
| Third (within 10 years of second) | Min 10 years |
| Third (10 or more years after second) | Same revocation as first applies |
| Fourth | Mandatory permanent revocation |
| Conviction | Impoundment or Immobilization of Vehicle |
|---|---|
| First | 10 days |
| Second (within 5 years of prior) | 30 days |
| Third (within 10 years of prior) | 90 days |
| Conviction | DUI School |
|---|---|
| First | Must complete before hardship reinstatement. If you wait until revocation period ends before reinstatement you must show proof of enrollment or completion for driver license to be reinstated. If you enroll and are reinstated after the revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in driver license cancellation. The driver license cannot be reinstated until DUI school is completed. |
| Second conviction in 5 years (5 year revocation) or third conviction in 10 years (10 year revocation) | Must compete DUI school following conviction |
| Conviction | Interlock Ignition Device |
|---|---|
| First | Mandatory for up to 6 months for BAL of .15 |
| Subsequent | Mandatory for 1 – 2 years if BAL is greater than .15 |
Formal or Informal Review Hearings
Fla. Stat. 322.2615 and 322.64, authorizes the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to conduct formal and informal reviews, before the Bureau of Administrative Reviews (BAR), for the purpose of sustaining, amending, or invalidating administrative suspensions and disqualifications. Attorney Castro can assist you in scheduling a hearing to determine if your license can be reinstated.
Hardship License
In Florida, you can apply for a hardship license (aka business purposes only) after being charged with a DUI for the first time. Under, Fla. Stat. 322.271(7), a driver may request a formal or informal review of the suspension by DHSMV within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege. Time is of the essence given the Statute only provides 10 days to apply. Contact The Castro Law Firm at (561) 223-9148 to apply for your hardship license today.
Commercial Driver License
Persons who have a Commercial Driver License (CDL) may be disqualified from operating a commercial motor vehicle (CMV) for one year. Some examples include:
- Conviction for driving a CMV with a blood alcohol level of .04 or above;
- Driving a CMV while under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a CMV;
- Driving a CMV while under the influence of alcohol or controlled substance; or driving a CMV while in possession of a controlled substance.
Hire a Knowledgeable DUI Defense Lawyer
If you are facing DUI charges or want to apply for an administrative hearing to reinstate your driver license, The Castro Law Firm can help you. Please call us at call (561) 223-9148 to schedule your free consultation.
LendingUSA
We offer low monthly payments. Checking your rate will not impact your credit score.
Get in Touch
Fill out the contact form or call us at (561) 223-9148 to schedule your free consultation.
Free Consultation 
Available 24/7 
Hablamos Español