Driving under the influence in Florida is a very serious, potentially deadly act that is treated with the utmost seriousness by law enforcement and the Florida legal system. You cannot have it expunged. You cannot have it sealed, or covered up. Being convicted of a DUI offense in the state of Florida is a charge that will remain on your record for 75 years.

When you have been found guilty of a DUI charge, even as a first offender, a judge can and will impose a wide array of penalties. 

DUI Lawyer in FL

The Difference Between A DUI and DWI

If someone is driving drunk, or Driving While Intoxicated, that is considered a DWI in the state of Florida.

 DUI stands for Driving Under the Influence and refers to operating a vehicle, any vehicle, even a bicycle, while under the influence of any substance, alcohol, or drugs, legal or illegal that renders the operator impaired. Pain pills, sleeping aids, and even allergy medication can conceivably render a person incapable of safely operating a motor vehicle.

While it is true that people use the two terms interchangeably, DUI/DWI laws both have similar consequences and should be avoided at all costs.

What Happens When I Drive Under the Influence in Florida?

While every case is different, even a first-time DUI offense carries the very real possibility of jail time. 

This is deliberate, as there are no minor incidents of driving drunk. Each and every time someone gets behind the wheel under the influence of anything that causes them to be impaired, they are risking their own lives and the lives of anyone they encounter. For this reason, first-time DUI offenses in the state of Florida, while not the harshest in the country, are extremely stiff.

First-Time DUI Offense in Tampa, FL

The consequences of a first-offense DUI charge in Tampa include:

  • Impounding the vehicle
  • Suspension of the driver’s license
  • A fine of as much as $1000
  • Up to six months in jail 

There are no mandatory minimums for most first-time DUI offenders, but there are extenuating circumstances that increase the severity of a first offense. 

A first offender could receive as much as nine months behind bars and a fine of up to $2000 for:

  • Having a Blood Alcohol Content (BAC) of 0.15% or higher 
  • Having a passenger in the care under 18 years old at the time

Being involved in a car crash that causes property damage or minor injuries could bring one year in jail, while being involved in a crash that causes serious bodily injury could bring as much as five years in jail and a fine of up to $5000. 

All first-time DUI offenders face mandatory probation time and community service of no less than 50 hours. Barring undue circumstances, the combination of jail time and probation time should not exceed a year. 

A BAC of 0.08% or more comes with an additional mandate of an ignition interlock device at the discretion of the judge. With a BAC of 0.15%, or if there was a passenger under the age of 18 in the car at the time, the judge must impose a mandatory minimum of six months with an IID upon the convicted driver.

Multiple DUI Offenses in Tampa, FL

A single DUI charge is serious—but repeat offenses bring increasingly severe consequences. In Florida and many other states, penalties escalate with each offense, including hefty fines, extended license suspensions, mandatory jail time, and even felony charges for a third DUI.

A second DUI within five years can trigger mandatory jail time, ignition interlock device requirements, and license revocation. A third DUI, especially within ten years, may be charged as a felony, significantly impacting your future with lasting legal and personal consequences.

For those facing multiple DUI charges, legal representation is crucial. An experienced DUI defense attorney can evaluate your case, challenge the legality of the traffic stop, question the reliability of field sobriety or breathalyzer tests, and examine police conduct. These strategies can reduce or dismiss charges.

Beyond legal penalties, DUIs can affect employment, finances, and personal freedoms. A skilled attorney will guide you through the legal process—from arraignment to trial—and help you pursue the best possible outcome.

Repeat offenders should seek immediate legal help. Local attorneys familiar with state DUI laws, especially in Florida, can offer a tailored defense strategy and protect your rights.

If you’re facing a second or third DUI, don’t navigate it alone. Legal support can make a critical difference in your case’s outcome and your future.

Understanding Field Sobriety Tests

Field sobriety tests (FSTs) are used by law enforcement to assess whether a driver is impaired by alcohol or drugs during a traffic stop or DUI checkpoint. These roadside evaluations are designed to test a driver’s physical coordination, balance, and ability to follow instructions.

There are three standardized tests recognized by the National Highway Traffic Safety Administration (NHTSA): the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. The HGN test checks for involuntary eye movement, while the Walk-and-Turn and One-Leg Stand assess balance, coordination, and the ability to follow directions.

Although FSTs can provide probable cause for further testing, such as a breathalyzer or blood test, their accuracy is not absolute. Performance may be affected by nervousness, medical conditions, or environmental factors like uneven surfaces. As such, these tests rely heavily on officer interpretation.

At DUI checkpoints, drivers may be asked to perform FSTs if officers suspect impairment. While drivers can legally refuse the tests in many states, refusal may raise suspicion or result in legal consequences, including arrest.

Failing an FST doesn’t guarantee a DUI conviction, but it often leads to additional testing and possible charges. If arrested, drivers may face penalties like fines, license suspension, or jail time.

Understanding how these tests work—and your rights during a stop—can help protect you legally. The best way to avoid complications is to drive sober and know your legal options if you’re stopped.

Refusal of Breath Test

Refusing a breathalyzer test during a DUI stop may seem like a way to avoid charges, but it often leads to serious legal consequences. Under Florida’s implied consent laws, drivers automatically agree to chemical testing when operating a vehicle. Refusing a breath test triggers an automatic license suspension—up to one year for a first refusal and 18 months for repeat offenses.

In addition to license suspension, your refusal can be used as evidence of guilt in court, leading prosecutors to argue you declined because you knew you were impaired. Fines, administrative fees, and a potential criminal charge further complicate your legal standing.

Refusal is not always better than failing a test. While a failed breathalyzer provides measurable BAC results that can be challenged in court, a refusal offers less room for technical defenses and may lead to harsher penalties, especially for repeat offenders.

Legal defenses to breath test refusal charges include questioning the legality of the traffic stop, challenging the officer’s conduct, and arguing that you weren’t properly informed of the consequences. If law enforcement failed to follow protocol, your refusal may be invalidated.

If you’ve refused a breath test, it’s critical to speak with a DUI defense attorney immediately. A local lawyer familiar with Florida DUI laws—particularly in cities like Orlando—can evaluate your case, represent you in court, and protect your rights.

Don’t navigate this alone—early legal help can mean the difference between license loss and a reduced or dismissed charge.

Prescription Drug DUI Charges

Driving under the influence of prescription drugs is becoming an increasingly serious concern. While many associate DUI with alcohol, prescription medications can also impair driving abilities, leading to legal consequences. Prescription drug DUI charges occur when someone is found impaired due to legally prescribed medications. These medications may affect motor skills, reaction time, and judgment, making driving dangerous.

Common medications that impair driving include opioids, benzodiazepines, antidepressants, muscle relaxants, and even antihistamines. These drugs can cause drowsiness, dizziness, and delayed reaction times. Additionally, mixing prescription drugs with alcohol or other substances amplifies impairment, increasing the risk of accidents.

The legal consequences for prescription drug DUI are similar to alcohol-related DUIs. Convictions can lead to fines, license suspension, probation, and even jail time. Moreover, a criminal record can have lasting effects on employment, housing, and personal life.

To protect yourself, it's crucial to understand the effects of your medications. Consult your doctor or pharmacist about any impairing side effects and avoid driving if necessary. Never mix prescription drugs with alcohol or other substances. Plan ahead for transportation options if you’re taking medications that impair your driving abilities.

If charged with a prescription drug DUI, seek legal assistance immediately. A DUI attorney can help navigate the legal process, gather evidence, and ensure your rights are protected.

Stay informed, plan ahead, and prioritize safety to avoid prescription drug DUI charges.

Hardship Licenses for Those Convicted of DUI in Florida

For those who have their licenses suspended after a DUI arrest, it is possible to apply for a hardship license that allows limited driving privileges for those who can prove not being allowed to drive would cause undue hardship. 

  • Business Purposes Only Licenses – confines driving privileges to activities associated with one’s livelihood, including:
    • Driving to and from work
    • Driving to and from school
    • On the job driving
    • Medical visits
    • Religious observance
  • Work Purposes Only Licenses – this type of hardship license allows the holder to employment-related driving only

In order to be eligible for a hardship license a person convicted of a DUI in Tampa, FL must enroll in a Tampa DUI school and have proof of enrollment. Before one can receive a hardship license, there must be a hearing at the DHSMV office, where the petition will be heard, the office will determine if the petitioner is a hardship case, and if approved, restrictions will be imposed or privileges will be afforded based on the defense provided.

Penalties for Repeat DUI Offenders in Tampa, FL

Penalties for first-time offenders are as harsh as they are because it is hoped that they will not become repeat DUI offenders. Unfortunately, the nature of driving under the influence dictates some will offend again. As such, harsher penalties are imposed on those who repeatedly flaunt DUI laws.

2nd DUI Offenses in Florida

  • A second DUI arrest within five years comes with a minimum of 10 days in jail upon conviction. 
    • It is possible for a judge to assign rehabilitation instead of jail time.
    • If the 2nd DUI offense comes more than five years after the previous conviction, and if a blood test was refused or a BAC below 0.15% was registered, the possibility of up to nine months in jail exists.
      • There is no mandatory minimum jail time for a 2nd DUI conviction. 
  • If the 2nd DUI arrest is more than five years after the previous conviction, and there a BAC of 0.15% or higher or a minor was in the vehicle, a maximum sentence of 12 months is possible.

3rd DUI Offenses in Florida

  • A third DUI offense within 10 years of the first comes with 30 days minimum in jail upon conviction. A DUI conviction outside of 10 years since the first has no mandatory minimum, but does hold the possibility of up to 12 months in jail.

4th DUI Offenses in Florida

  • Once convicted of a fourth DUI offense in the state of Florida, charges are completely irrelevant to how long ago the previous charges happened. A 4th DUI offense is a felony offense and comes with felon status and confinement in a Florida state prison for as many as five years.

If you have been arrested on a DUI charge, regardless of circumstances or your belief in your innocence, you must hire a Tampa, FL criminal defense attorney. There is a limited amount of time from the date of your arrest to apply for a hardship license, and if not handled properly could seriously impact your ability to earn a living. Not filing a request for a court hearing within 10 days of the date of arrest means your license can be suspended for as long as 18 months. 

If you or your loved one are in need of information on DUI, call us at 813-359-8667  to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Tampa office, we have offices in the following cities across the state of Florida:

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