Florida DUI Laws
Under Florida Statute § 316.193, a person is guilty of the offense of driving under the influence if they are driving or in actual physical control of a vehicle within the state and are under the influence of alcoholic beverages or chemical substances to the extent that their normal faculties are impaired, or they have a blood-alcohol content (BAC) of 0.08% or higher.
It is critical to note the phrase "actual physical control." In Florida, you do not necessarily have to be actively driving a moving vehicle to be arrested for a DUI. If you are found asleep in the driver's seat of a parked car with the keys in the ignition or within your reach, the state can argue that you had the capability to operate the vehicle, thereby justifying a DUI charge.
Furthermore, Florida operates under an "Implied Consent" law. By accepting a Florida driver’s license and operating a motor vehicle on state roads, you have automatically consented to submit to approved chemical or physical tests (breath, urine, or blood) if an officer has probable cause to believe you are driving under the influence. If you refuse to take a breathalyzer test following a lawful arrest, your license will be automatically suspended for one year for a first offense, and 18 months for a subsequent refusal.
Common Types of DUI Charges & Penalties
DUI charges in Florida vary based on prior offenses, the level of blood-alcohol concentration, and whether the incident resulted in property damage, bodily injury, or death. Penalties escalate severely with each compounding factor.
First-Time DUI Offense
Even a first-time conviction carries mandatory penalties. If your BAL was between 0.08% and 0.15%, you face:
- Up to 6 months in jail
- Fines between $500 and $1,000
- Driver’s license revocation for 6 to 12 months
- Mandatory 50 hours of community service
- Vehicle impoundment for 10 days
- Up to 1 year of probation
Enhanced DUI (High BAL or Minor in Vehicle)
If you are arrested with a BAC of 0.15% or higher, or if you had a minor in the vehicle at the time of the offense, the penalties increase significantly:
- Up to 9 months in jail
- Fines between $1,000 and $2,000
- Mandatory installation of an Ignition Interlock Device (IID) for at least 6 months upon license reinstatement
Repeat DUI Offenses
- Second DUI (Within 5 Years): Carries a mandatory minimum of 10 days in jail (up to 9 months), a 5-year driver’s license revocation, and a mandatory IID for 1 to 2 years.
- Third DUI (Within 10 Years): Classified as a Third-Degree Felony, carrying a mandatory minimum of 30 days in jail (up to 5 years in state prison) and a 10-year license revocation.
Felony DUI (Injury or Death)
- DUI with Serious Bodily Injury: A third-degree felony punishable by up to 5 years in prison and a fine of up to $5,000.
- DUI Manslaughter: If a DUI results in the death of another human being or unborn child, it is charged as a Second-Degree Felony. Conviction carries a mandatory minimum sentence of 4 years in prison, up to a maximum of 15 years, and a permanent driver’s license revocation.
Legal Defenses to DUI Charges
Every DUI case is unique, and several defenses may apply depending on the facts involved. At Katz & Phillips, we analyze police procedures, testing methods, and constitutional issues to build strong defense strategies.
Common DUI defenses include:
Illegal Traffic Stop
Police must have reasonable suspicion to stop a vehicle. If the stop was unlawful, evidence obtained afterward may be suppressed.
Inaccurate Breath Test Results
Breath testing devices require proper calibration and maintenance. Medical conditions, improper administration, or machine malfunctions may lead to inaccurate BAC readings.
Faulty Field Sobriety Tests
Field sobriety exercises are subjective and can be affected by:
- Medical conditions
- Fatigue
- Anxiety
- Weather conditions
- Uneven road surfaces
Lack of Actual Impairment
A BAC reading alone does not always prove impairment. We may challenge whether the driver’s normal faculties were actually impaired.
Violations of Constitutional Rights
If law enforcement violated your rights during the arrest, questioning, or evidence collection process, certain evidence may be excluded from court.
Navigating the Central Florida Court System
If you are arrested for a DUI within Orange County, your criminal case will be handled through the Ninth Judicial Circuit Court of Florida. Understanding where your case will be heard and how the local system operates is vital to your defense.
DUI cases in Orlando are typically processed through the Orange County Courthouse, located at 425 N. Orange Avenue in downtown Orlando.
- Misdemeanor DUI Charges: If you are facing a first or second DUI with no serious injuries, your case will be handled in the County Court division.
- Felony DUI Charges: If you are charged with a third DUI within 10 years, a DUI involving serious bodily injury, or DUI manslaughter, your case will be elevated to the Circuit Court division at the same downtown complex.
Our legal team at Katz & Phillips regularly appears before Orange County judges and interacts daily with the local State Attorney’s Office. We understand how local prosecutors evaluate DUI evidence, which allows us to build a defense tailored to the specific tendencies of the Orlando judiciary.
Frequently Asked Questions
Should I hire an attorney for a first DUI offense?
Yes. Even a first-time DUI conviction can carry serious consequences, including jail time, license suspension, and a permanent criminal record. An attorney may help reduce charges, challenge evidence, or negotiate alternative outcomes.
Can I refuse a breathalyzer test in Florida?
Florida has implied consent laws, meaning refusal to submit to lawful chemical testing can result in administrative license suspension and additional penalties.
Will I lose my driver’s license after a DUI arrest?
Possibly. Many DUI arrests trigger immediate administrative suspension proceedings. However, you may be able to challenge the suspension through a formal hearing.
Can DUI charges be dismissed?
Yes, in some cases. DUI charges may be reduced or dismissed if there are weaknesses in the prosecution’s evidence, unlawful police conduct, or testing issues.
What is the difference between DUI and DWI in Florida?
Florida uses the term DUI (Driving Under the Influence). Some other states use the term DWI (Driving While Intoxicated), but Florida law primarily refers to DUI offenses.
How long does a DUI stay on your record in Florida?
A DUI conviction can remain on your criminal record permanently in many situations. This makes it especially important to fight the charges aggressively from the beginning.
More Than a Law Firm — A Local Institution
Plenty of firms run ads. Few become part of the fabric of the community they serve. Katz & Phillips has spent over 50 years combined defending the people of Orlando, Orange County, and Central Florida — not as outsiders parachuting in for a case, but as attorneys who live and work here.
That local presence means something. It means familiarity with the judges at the Orange County Courthouse. It means a working knowledge of how the State Attorney's Office in the Ninth Judicial Circuit operates. And it means that when you say the name Katz & Phillips in an Orlando courtroom, it carries history.
Contact an Orlando DUI Defense Attorney Today
If you were arrested for DUI in Orlando, do not wait to seek legal representation. Early intervention can make a significant difference in the outcome of your case. At Katz & Phillips, we are prepared to protect your rights, challenge the evidence against you, and pursue the strongest defense possible.
Contact our office today to speak with our team and schedule a confidential consultation.
