Your Trusted DUI Lawyers in Florida

DUIs in Florida are serious offenses that can have life-altering consequences. As soon as you are arrested for a DUI, your mugshot goes online, you may lose your job (or your ability to get one), you may lose your security clearance, and the list goes on and on. If convicted, a DUI charge cannot be sealed or expunged from your record ever. Beyond losing your driving privileges, you could face probation, community service, hefty fines, and other penalties.

At Fighter Law, we understand how overwhelming and stressful this experience can be, which is why we are here to fight for you every step of the way. Attorneys Thomas Fighter and Jessica Travis bring unmatched knowledge to DUI defense. As former prosecutors and Board-Certified Criminal Trial Lawyers by the Florida Bar, they have the skills and knowledge necessary to challenge every aspect of the prosecution’s case. Together, they offer a unique perspective as a male and female team, giving our clients a balanced and comprehensive defense strategy that stands apart from any other law firm in Central Florida.

Understanding Florida DUI Laws

It is not illegal to drink and drive in Florida. It only becomes illegal to drive when your normal faculties are impaired. Your normal faculties include the ability to see, hear, walk, talk, drive a car, judge distances, and make decisions in emergency situations. Not everyone’s normal faculties are impaired when their body’s blood alcohol content (BAC) is above .08, however, that is the standard legal limit in the State of Florida.

Most people think that the legal limit in Florida is .08 or higher, but that’s not necessarily true. Someone could have a BAC of .09 and be perfectly fine. The flip side is that someone with a very low BAC, say .04, could be guilty of DUI. The key question is whether the person’s normal faculties were impaired.

Drunk driving is wrong. No question about it. However, it is also wrong to convict a person of a DUI unless there is proof beyond a reasonable doubt that they are, in fact, guilty. The punishments for DUI in Florida are severe, and a DUI conviction will follow you for a long, long time, in part because it can never be expunged from your record.

What Happens After a DUI Arrest in Florida?

If you are arrested for a DUI in Florida, the process can be confusing and overwhelming. The clock starts ticking the moment you are charged. Here are the key steps to understand:

• License suspension: After your arrest, your license will likely be suspended. You have only 10 days to request a formal review hearing to challenge the suspension and potentially regain driving privileges.
• Arraignment: During this court appearance, you will enter a plea of guilty, not guilty, or no contest. It is critical to have legal representation at this stage.
• Discovery phase: This involves gathering all the evidence in your case, such as police reports, breathalyzer results, body camera footage, and witness statements.
• Negotiations or trial: Your Florida DUI attorney will either negotiate with the prosecution for reduced charges or take your case to trial if a favorable resolution cannot be reached.

Understanding the timeline and taking immediate action with an experienced DUI lawyer is essential to protecting your rights and building a strong defense.

DUI Penalties in Florida

The penalties for DUI convictions in Florida are severe and vary based on several factors. Here are overviews of what DUI convictions require. Please note that the below are the minimum required sentences – depending on the circumstances, you can receive a harsher sentence, but never a lighter one.

First DUI Conviction (BAC under .15)

• Conviction: Mandatory adjudication of guilt
• Probation: Up to 12 months
• Jail: Up to 6 months
• Fine: $500 to $1,000
• License suspension: 6 months to 1 year
• Additional requirements: DUI counterattack school, Victim’s Awareness Panel, 10-day vehicle impoundment, 50 hours of community service

First DUI Conviction (BAC of .15 or higher)

• Conviction: Mandatory adjudication of guilt
• Probation: Up to 12 months
• Jail: Up to 9 months
• Fine: $1,000 to $2,000
• License suspension: 6 months to 1 year
• Ignition interlock: 6 months to 1 year
• Additional requirements: Same as above, plus ignition interlock device

Second DUI Conviction

Florida criminalizes a second DUI differently depending on when the second occurred in relation to the first. If the second DUI occurs within five years of the conviction of the first, it is treated more severely than if the second occurred more than five years after the first.

• Within 5 years: Mandatory 10 days jail (up to 9 months), $1,000-$2,000 fine, 5-year license suspension, 1-year ignition interlock, 30-day vehicle impoundment
• More than 5 years: Up to 9 months jail, $1,000-$2,000 fine, 6 months to 1 year license suspension, 1-year ignition interlock, 10-30 day vehicle impoundment

Long-Term Consequences of DUI Convictions

Permanent Criminal Record

Any criminal conviction precludes you from ever being allowed to seal or expunge anything on your records. Under the current law, no DUI can ever have the adjudication withheld. In other words, if you plead guilty or no contest to a DUI, you must be formally convicted of it, and the judge must adjudicate you guilty.

Higher Car Insurance

If you have a DUI conviction, it will be reflected on your Florida Driving Record, which may result in your insurance company dropping you or requiring you to obtain SR-22 insurance, leading to significantly higher premiums.

Employment Difficulties

Employers do not like applicants with criminal history records. DUI is a crime, and having a conviction for it will likely hurt your chances of obtaining employment.

Common DUI Defense Strategies

At Fighter Law, we employ a variety of proven defense tactics to challenge DUI charges:

• Breathalyzer inaccuracies: Breathalyzer devices can produce faulty results due to improper calibration, equipment malfunctions, or operator error.
• Field sobriety test issues: Weather conditions, uneven surfaces, and medical conditions can unfairly impact field sobriety test results.
• Probable cause challenges: If the officer lacked reasonable suspicion to stop you, evidence gathered during the stop could be ruled inadmissible.
• Medical defenses: Conditions such as acid reflux or diabetes can lead to false positives on breath or blood tests.
• Officer misconduct: Body camera footage and witness testimony may reveal errors or inconsistencies in the arrest process.
• Chain of custody errors: Mistakes in the handling and storage of evidence can compromise its reliability in court.

These strategies, combined with a detailed review of all evidence, give our clients the strongest possible defense against DUI charges.

Ways to Beat a DUI

Reckless Driving Reduction

One way to “beat” a DUI charge is by getting the prosecutor to reduce the DUI to a reckless driving or reckless driving alcohol related. Reckless driving is still a criminal traffic offense; however, it will not require all the penalties that a DUI does. Reckless driving is defined as driving a vehicle with “willful or wanton disregard for the safety of persons or property.”

A reckless driving charge on your record should not affect your auto insurance nearly as much as a DUI conviction. However, reckless driving is still a crime, which can have side effects or consequences you may not expect.

Pre-trial Diversion

Getting a reduction from a DUI to a reckless driving may also not be in your best interests if you are offered DUI pre-trial diversion. While it is true that a reckless driving plea may not require you to do the DUI counterattack school or community service, it is still a crime that may always be on your record. If you complete the DUI PTD program, the DUI is dismissed, and there is no need to plead to anything.

Some counties offer Pre-Trial Diversion, and some don’t. In Orange County and Osceola County, Pre-Trial Diversion is offered for DUI as long as you meet specific criteria. However, it does not exist in Seminole County. Some things that may exclude you from PTD include a DUI involving a crash, a BAC exceeding .220, or any prior driving offense involving alcohol.

How Fighter Law Goes Above and Beyond

At Fighter Law, we take a personalized approach to every DUI case. One of our key strategies is creating a detailed character portrait of our clients to present to prosecutors:

• Visual evidence: Photos of you participating in community service, military service, or family activities can shift the prosecutor’s perception and humanize your case.
• Character reference letters: Letters from respected members of your community, such as clergy, military veterans, or employers, add credibility to your defense.
• Proactive steps: We encourage clients to complete programs such as DUI Counterattack School or community service before trial, demonstrating a willingness to take responsibility and make positive changes.

We are skilled negotiators who leverage our relationships with local prosecutors to seek favorable outcomes, such as reduced charges or case dismissals. When necessary, we are prepared to take your case to trial, where our Board-Certified Criminal Trial Law credentials give you a distinct advantage.

Recent Florida DUI Law Updates for 2025

Recent changes to Florida’s DUI laws highlight the need for experienced legal representation. Key updates include:

• House Bill 0039: Mandates ignition interlock devices for drivers refusing breath, urine, or blood tests.
• House Bill 0871: Introduces stricter penalties for refusal to submit to testing and limits plea options for DUI defendants.
• House Bill 0447: Eliminates the use of intoxication as a defense in civil DUI-related cases.

These updates reflect Florida’s commitment to tougher enforcement, making it more important than ever to have a skilled DUI attorney on your side.

Frequently Asked Questions About DUI in Florida

Can I refuse a breathalyzer test in Florida?

Refusing a breathalyzer test can result in immediate penalties, including a license suspension of up to one year for the first refusal. Repeat refusals may result in misdemeanor charges.

What are the penalties for a first-time DUI conviction?

First-time penalties may include fines, probation, community service, mandatory DUI school, and a license suspension. In some cases, you may also be required to install an ignition interlock device.

Can a DUI charge be reduced to reckless driving?

Yes, with the right legal representation, it is possible to negotiate a reduction in charges. This often depends on the strength of the evidence and the specifics of your case.

How long will a DUI stay on my record?

A DUI conviction in Florida cannot be sealed or expunged and will remain on your record permanently.

Success Stories from Fighter Law

Our firm has helped countless clients achieve favorable outcomes in their DUI cases:

• Case dismissed: A client was charged with DUI after a faulty breathalyzer test. We demonstrated that the device was improperly calibrated, leading to the dismissal of all charges.
• Reduced charges: In a case involving field sobriety tests, we showed that uneven pavement and poor lighting contributed to the client’s performance, resulting in reduced charges.
• Not guilty verdict: A client facing severe penalties for a second DUI offense was found not guilty after we uncovered body camera footage showing officer misconduct.

These successes are a testament to our commitment to providing exceptional legal representation.

Contact the Best DUI Defense Team in Florida

When your future is on the line, don’t settle for less than the best. Attorneys Thomas Fighter and Jessica Travis have the experience, knowledge, and commitment to provide you with an aggressive and effective criminal defense. Their combined perspectives as a male and female team ensure a balanced and comprehensive approach to every case. Together, they have decades of experience and are both Board-Certified Criminal Trial Lawyers by the Florida Bar, which is the gold standard for lawyers in Florida.

We serve clients throughout Central Florida, including Orange, Osceola, Seminole, Volusia, Lake, Hillsborough, Pinellas, and Brevard Counties. Wherever you are, we’re ready to fight for your rights and your future. Don’t go it alone. Call Fighter Law today at (407) 344-4837 for a free consultation, or contact us online to schedule a meeting. Let us fight for you.