- Dorothy Naumann
- Indian River County, FL
A DUI charge in Florida initiates both a criminal court case and a separate administrative proceeding involving the defendant’s driver’s license. These two processes run simultaneously and are governed by different rules under Florida law.
Definition of DUI Under Florida Statute 316.193
Florida Statute 316.193 defines driving under the influence as operating a vehicle while impaired by alcohol, a chemical substance, or a controlled substance, or with a blood-alcohol level (BAL) of 0.08 grams or higher per 100 milliliters of blood. Impairment is determined by observation of normal faculties as well as chemical test results.
Administrative License Suspension
Separate from the criminal case, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) initiates an administrative review of the driver’s license upon a DUI arrest.
If a driver submits to a breath or blood test and registers a BAL of 0.08 or higher, the license is suspended for a minimum of six months for a first offense. If the driver refuses to submit to chemical testing, the suspension is one year for a first refusal and 18 months for a subsequent refusal. A second refusal is also a separate criminal misdemeanor under Florida law.
A driver has 10 days from the date of arrest to request a formal review hearing with the FLHSMV to contest the administrative suspension.
Criminal Court Process
The criminal DUI case proceeds through the 19th Judicial Circuit Court in Indian River County. After the arrest and booking, the defendant appears at a first appearance hearing, followed by an arraignment where a formal plea is entered.
A DUI is classified as a misdemeanor or felony depending on the circumstances. Most first and second offenses are misdemeanors. A third DUI within 10 years, a fourth DUI, or a DUI involving serious bodily injury or death may be charged as a felony.
Potential Penalties — First and Subsequent Offenses
Under Florida Statute 316.193, penalties increase with each conviction:
First offense:
- Fine of $500 to $1,000
- Up to six months in jail
- Probation of up to one year
- 50 hours of community service
- Vehicle impoundment for 10 days
- DUI school and substance abuse evaluation
Second offense (within five years of first):
- Mandatory minimum 10 days in jail
- Fine of $1,000 to $2,000
- Mandatory ignition interlock device
Third offense (within 10 years of second):
- Classified as a third-degree felony
- Mandatory minimum 30 days in jail
- Fines up to $5,000
Enhanced penalties apply in cases involving a BAL of 0.15 or higher, the presence of a minor in the vehicle, property damage, bodily injury, or death.
Right to Legal Representation
Any person charged with a DUI offense under Florida law has the right to legal representation at all stages of the criminal proceeding. This right applies regardless of whether the charge is a misdemeanor or a felony.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with or under investigation for a DUI offense in Vero Beach or Indian River County may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.