Florida DUI Defense Lawyer

Massey & Duffy, PLLC represents people charged with driving under the influence in Florida. Consultations and client meetings are handled by phone, email, and video, wherever you are in Florida.

The 10-Day Deadline for Your Driver's License

After a DUI arrest with a breath or blood alcohol level of 0.08 or higher, or after a refusal to take a test, the officer will usually suspend your license on the spot and issue a 10-day temporary permit. You have 10 days from the notice of suspension to request a formal or informal review by the Department of Highway Safety and Motor Vehicles, or to request review of eligibility for a restricted business-purpose license (section 322.2615). The administrative suspension is 6 months for a first suspension based on an unlawful alcohol level and 1 year for a first refusal, with longer periods if you have a prior suspension. If you were arrested recently, call promptly so this deadline is not missed.

What the State Must Prove

Under section 316.193, a person commits DUI by driving or being in actual physical control of a vehicle while under the influence of alcohol or a controlled substance to the extent that his or her normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or higher.

Refusing a Breath or Urine Test

Refusing a lawful breath or urine test after a lawful DUI arrest can be its own criminal charge: a second-degree misdemeanor for a first refusal and a first-degree misdemeanor for a second or later refusal (section 316.1939), in addition to the license suspension.

Possible Penalties

Penalties depend on prior convictions, the alcohol level, whether a minor was in the vehicle, and whether there was a crash or injury. They can include fines, probation, community service, DUI school, vehicle impoundment, an ignition interlock device, license revocation, and jail.

Issues We Examine

  • Whether the traffic stop was lawful

  • Whether there was probable cause for the arrest

  • Field sobriety exercises and body-camera or dash-camera video

  • Breath-test instrument maintenance and operator permits

  • Blood-draw procedures and chain of custody

  • Whether you were in "actual physical control" of the vehicle

Talk to a Lawyer

Massey & Duffy, PLLC handles DUI cases throughout Florida, including Jacksonville, Orlando, Tampa, Tallahassee, and Gainesville. Call (352) 505-8900 or use the contact form. Related: false arrest | police misconduct | divorce.

This page is general information, not legal advice. Contacting the firm does not create an attorney-client relationship. The law can change, and the outcome of any case depends on its specific facts.