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.