Driving under the influence (DUI) is one of the most commonly prosecuted criminal charges in Florida. Yet, many drivers still misunderstand how Florida DUI laws work, what the legal process involves, and what options may be available if they are arrested. Whether it’s your first time facing a DUI or you’re helping a loved one through the process, understanding the law is essential.
This blog provides a clear, no-nonsense guide to Florida DUI laws—what they cover, how charges are determined, and what to expect if you’re pulled over or arrested. It’s not meant to alarm you but to help you make informed decisions and take the right steps if you find yourself in a difficult situation. Speaking with an experienced criminal defense attorney in Florida can provide the clarity you need to navigate the road ahead with confidence.
📍 For Guidance in Fort Pierce, Florida
Office Address: 130 S Indian River Dr, Suite 202, Office 218, Fort Pierce, FL 34950
📞 Call: 772-828-1143
📧 Email: info@jordizaragoza.com
What Qualifies as a DUI in Florida?
In Florida, a person can be charged with a DUI if they are operating a vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher, or if their normal faculties are impaired due to alcohol, drugs, or a combination of both.
Importantly, you can still face DUI charges even if your BAC is below 0.08% if law enforcement believes your ability to drive safely is impaired. The law doesn’t just apply to alcohol—prescription medications, illegal drugs, and over-the-counter substances that affect your judgment or coordination can also lead to DUI charges.
The DUI Stop: What to Expect
Most DUI cases begin with a routine traffic stop or at a DUI checkpoint. During the stop, officers may ask questions, check for signs of impairment, and request that you take a field sobriety test or breath test.
You have the right to remain silent and to request legal counsel. You also have the right to refuse a breathalyzer—but it’s important to know that refusal can result in administrative penalties such as license suspension, even if no criminal conviction follows.
These early moments are often the most critical, as they shape the case and affect what evidence may be used later.
After the Arrest: What Happens Next?
If you are arrested for DUI, the legal process typically moves quickly. You will be booked, processed, and scheduled for an initial court appearance known as an arraignment. This is where you’ll enter a plea and begin navigating the court system.
Florida treats DUI charges seriously, especially if the situation involved an accident or if a child was in the vehicle. However, even in more straightforward cases, the legal consequences can be long-lasting.
Understanding your rights and knowing what not to do in the days following an arrest can play a major role in how the case progresses.
Florida’s Implied Consent Law
Florida has an implied consent law, which means that by holding a driver’s license, you’ve already agreed to submit to a chemical test (breath, blood, or urine) if lawfully asked to do so. Refusing to take a test can lead to immediate license-related consequences, and a refusal may also be used as evidence in court.
However, the circumstances of the stop—how the officer approached the situation, how the test was conducted, and whether proper procedures were followed—can impact how this evidence is handled. Knowing your rights under the law is key to protecting yourself.
Common Defenses in DUI Cases
Every DUI case is different, and outcomes depend on the facts, the evidence, and how the case is handled. In some cases, procedural mistakes made by officers, inaccurate testing methods, or medical conditions that mimic signs of impairment may lead to a more favorable outcome for the driver.
Some common areas that are often examined include:
- Was there probable cause for the traffic stop?
- Were field sobriety tests administered properly?
- Was the breathalyzer calibrated and maintained correctly?
- Were your constitutional rights respected during the stop and arrest?
A careful legal review can sometimes reveal problems in the case that could result in a reduction or even dismissal of the charges.
The Importance of Legal Representation
DUI cases can move quickly, and it’s easy to feel pressure to accept an outcome without understanding all of your options. Having knowledgeable legal support can help ensure that your rights are respected and that every possible defense is considered.
A qualified criminal defense attorney in Fort Pierce who has experience with Florida DUI laws can help you:
- Understand your charges and legal options
- Review the evidence for any weaknesses
- Advocate for you at hearings or in negotiations
- Help protect your driver’s license and record
Early legal guidance often plays a major role in what happens next—and can help reduce the impact of a DUI charge on your life.
What Florida Drivers Should Know Going Forward
Many people assume that DUI charges only happen to those who are reckless or clearly intoxicated. In reality, a single mistake—such as misjudging how alcohol or medication affects you—can result in serious legal trouble.
Here are a few things every Florida driver should remember:
- Be aware of how any substance, including medications, affects your ability to drive.
- If stopped, remain calm and respectful, and know your rights.
- Don’t assume you have no options. Legal review can make a difference.
- Avoid discussing your case with others or sharing information on social media.
📍 For Guidance in Fort Pierce, Florida
Office Address: 130 S Indian River Dr, Suite 202, Office 218, Fort Pierce, FL 34950
📞 Call: 772-828-1143
📧 Email: info@jordizaragoza.com
Having the right information—and knowing where to turn—can be the first step toward making informed decisions and protecting your future.
FAQs About Florida DUI Laws
1. Can I be charged with DUI in Florida even if I wasn’t drinking?
Yes. DUI charges can also be based on drug impairment—including prescription or over-the-counter medications that affect your ability to drive safely.
2. What happens if I refuse a breathalyzer test in Florida?
Refusing a breathalyzer can lead to administrative consequences like license suspension under Florida’s implied consent law, even without a criminal conviction.
3. Is it worth hiring a lawyer for a first-time DUI in Florida?
Yes. A criminal defense attorney can evaluate the case, challenge the evidence if appropriate, and help you understand your options—especially if it’s your first offense.
