Driving Under the Influence (DUI)

Being arrested for Driving Under the Influence (DUI) in Florida is a serious matter that can affect your driver’s license, employment, finances, professional licensing, insurance rates, and even your freedom. The decisions you make immediately after an arrest can significantly impact the outcome of your case.

At Coplan-Gardner & Gardner, P.A., Darin Gardner provides strategic criminal defense representation for individuals charged with DUI throughout Northeast Florida. With prior experience as a prosecutor in the Fourth Judicial Circuit, including assignments in serious felony divisions, Darin understands how DUI cases are investigated, charged, and prosecuted — and how to identify weaknesses in the State’s evidence.

Florida DUI cases often involve issues related to traffic stops, field sobriety exercises, breath testing procedures, blood testing, accident investigations, officer observations, and constitutional protections. Every case should be carefully analyzed to determine whether law enforcement followed proper procedures and whether the evidence is legally admissible.

Florida DUI Law

Under Florida law, a person may be charged with DUI if they are driving or in actual physical control of a vehicle while:

• Their normal faculties are impaired by alcohol, drugs, or controlled substances; or
• They have a blood alcohol or breath alcohol level of 0.08 or higher.

Florida DUI penalties increase substantially based on factors such as:

• Prior DUI convictions
• High breath or blood alcohol levels (0.15 or higher)
• Accidents involving property damage, injury, or death
• Having a minor in the vehicle
• Refusal to submit to breath, urine, or blood testing
• Whether the offense occurred within certain statutory “look-back” periods

Even a first-time DUI can carry significant consequences.

First DUI Offense

A first DUI conviction in Florida may result in:

• Fines ranging from $500 to $1,000
• Increased fines up to $2,000 for a breath or blood alcohol level of 0.15 or higher or if a minor was present in the vehicle
• Up to 6 months in jail
• Up to 9 months in jail for enhanced DUI charges
• Driver’s license revocation from 6 months to 1 year
• Probation
• Mandatory DUI school
• Community service requirements
• Vehicle impoundment
• Installation of an ignition interlock device in certain cases

Even first-time offenders may face long-term consequences affecting employment opportunities, insurance costs, and professional licenses.

Second DUI Offense

A second DUI conviction carries enhanced penalties and may include:

• Increased fines
• Mandatory jail sentences in certain circumstances
• Longer driver’s license suspensions or revocations
• Mandatory ignition interlock device requirements
• Vehicle impoundment
• DUI school and substance abuse treatment
• Enhanced penalties if the offense occurs within five years of a prior DUI conviction

Florida law imposes mandatory minimum penalties for certain repeat offenses, making experienced legal representation especially important.

Third DUI and Felony DUI Charges

A third DUI offense may be charged as a felony under Florida law depending on the timing of prior convictions.

Potential penalties may include:

• Felony conviction
• Significant fines
• Mandatory jail or prison exposure
• Long-term driver’s license revocation
• Habitual offender consequences
• Extended ignition interlock requirements

A felony DUI conviction can have serious long-term consequences on employment, firearm rights, professional licensing, and future criminal penalties.

DUI Involving Serious Bodily Injury or Death

Florida law provides enhanced felony penalties for DUI cases involving:

• Serious bodily injury
• DUI manslaughter
• Leaving the scene involving death or injury

These are extremely serious charges that may expose a person to substantial prison sentences. Early involvement by an experienced criminal defense attorney is critical in these cases.

Underage DUI in Florida

Florida follows a “Zero Tolerance” policy for drivers under the age of 21. A driver under 21 with a blood alcohol level of 0.02 or higher may face administrative license suspension penalties even if they are not charged with a traditional DUI offense.

Administrative License Suspension Hearings

Many people do not realize that a DUI arrest can trigger two separate proceedings:

1. The criminal DUI case; and
2. An administrative driver’s license suspension through the Florida Department of Highway Safety and Motor Vehicles.

Strict deadlines apply to challenge an administrative suspension. Prompt legal representation is important to preserve potential defenses and driving privileges.

Important Considerations After a DUI Arrest

If you have been arrested for DUI:

• Remain polite and comply with lawful commands
• Avoid making unnecessary statements
• Do not discuss your case with anyone other than your attorney
• Contact an experienced DUI defense attorney as soon as possible

DUI cases are highly fact-specific, and the best defense strategy depends on the circumstances of each case.

Experienced Florida DUI Defense Representation

At Coplan-Gardner & Gardner, P.A., we understand how stressful and overwhelming a DUI arrest can be. Our firm carefully evaluates every aspect of the case, including the legality of the stop, testing procedures, officer observations, video evidence, and potential constitutional issues.

We provide free consultations for criminal defense matters.  We also offer discounts on our fees for active military, law enforcement, first responders, firefighters, and educators.

If you have been charged with DUI in Northeast Florida, contact our office promptly to discuss your rights and options.