Protecting Your License and Your Record After a DUI Arrest
A Broward County DUI defense attorney handles two problems at once: the criminal charge under Florida Statute 316.193, and the license suspension the Florida Department of Highway Safety and Motor Vehicles imposes on the day of arrest. They run on separate clocks, and waiting on one can forfeit rights in the other.
Most people who call have already made a decision that matters. They performed roadside exercises they were free to decline, or refused a breath test without knowing that refusal now carries its own criminal charge. Some waited two weeks and lost the ten-day window to contest the suspension.
The work starts with the record the state created: body camera footage, the probable cause affidavit, the breath operator permit, the inspection logs. Cases turn when the stop, the arrest, or the testing can be challenged on that paperwork, and early motions reshape what a prosecutor will offer.
If you were arrested for impaired driving anywhere in Broward County, call (954) 522-9997 or fill out our online form today for a free consultation.
Key Takeaways
The following points summarize what drivers and their families should know:
- Driving under the influence is defined by Florida Statute 316.193 and proven in two ways. The state may show impaired normal faculties, or simply a breath or blood alcohol level of 0.08 or higher.
- A Broward County DUI defense attorney reviews the stop, the arrest, and the testing before settling on a defense, including body camera video, the officer affidavit, and the breath instrument’s maintenance history.
- The license suspension is decided separately under Florida Statute 322.2615. A driver has ten days to demand a formal review hearing, and a Broward County DUI defense attorney can file that demand or the Form HSMV 72034 waiver instead.
- A first conviction carries a fine of $500 to $1,000, up to six months in jail, 50 hours of community service, and a 10-day vehicle immobilization. The fine rises to $1,000 to $2,000 at an alcohol level of 0.15 or higher.
- Refusing a breath or urine test is now a crime on the first refusal. Trenton’s Law, effective October 1, 2025, made it a second-degree misdemeanor under Florida Statute 316.1939, on top of the one-year suspension.
- A Broward County DUI defense attorney from Law Offices of R. David Williams, P.A. represents drivers before the Seventeenth Judicial Circuit and the Bureau of Administrative Reviews. Call (954) 522-9997.
What a DUI Charge Actually Is Under Florida Law
Florida Statute 316.193(1) makes it an offense to drive or be in actual physical control of a vehicle while under the influence of alcohol, a chemical substance listed in section 877.111, or a controlled substance under Chapter 893, to the extent that normal faculties are impaired. A second route to conviction needs no proof of impairment at all: a blood alcohol level of 0.08 grams per 100 milliliters, or a breath level of 0.08 per 210 liters. Consent to testing is implied under section 316.1932.
Two features surprise people. Actual physical control means a charge can be filed against someone asleep in a parked car with the keys within reach, and the offense reaches prescription medication and cannabis as readily as alcohol. A DUI is also distinct from reckless driving under section 316.192, which carries no mandatory revocation and no DUI school.
Two Separate Cases Begin on the Day of the Arrest
One arrest opens two proceedings. They apply different standards of proof and can end in opposite results.
The Criminal Case in County or Circuit Court
A first or second offense is a misdemeanor heard in the county court division of the Seventeenth Judicial Circuit; a third offense within ten years, a fourth at any time, or serious bodily injury moves the case to circuit court as a felony.
The Administrative Suspension at the FLHSMV
The officer takes the physical license and issues a citation that doubles as a ten-day permit. The suspension runs six months for a first unlawful alcohol level, one year for a first refusal, and eighteen months for a second. A hearing officer at the Bureau of Administrative Reviews in Lauderdale Lakes decides it on a preponderance standard, and an acquittal in court does not erase it in most cases.
Trenton’s Law and the New Penalty for Refusing a Test
House Bill 687, known as Trenton’s Law, took effect on October 1, 2025, and changed the calculation for anyone deciding whether to blow. Before that date, a first refusal cost a driver the license for a year but produced no criminal charge. Under the amended section 316.1939, a first refusal of a lawful breath or urine test is now a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. A second refusal remains a first-degree misdemeanor.
The same bill made a second conviction for DUI manslaughter or vehicular homicide a first-degree felony carrying up to 30 years, where the maximum had been 15. None of it is retroactive, so the offense date controls which version of the statute governs.
Where DUI Cases Commonly Break Down
A DUI file is a chain of links, and a defense targets the weakest one.
The Reason for the Stop
An officer needs reasonable suspicion before detaining a driver. Popple v. State, 626 So. 2d 185 (Fla. 1993), sets out the levels of police contact that govern the question. Weaving inside a single lane or an anonymous tip may not clear the bar, and evidence from a bad stop can be suppressed.
The Roadside Exercises
Field sobriety exercises are voluntary. They are scored by the officer who already suspects impairment, on uneven pavement, at night, often by someone with a knee injury or a language barrier. Video frequently shows a better performance than the report claims.
The Breath Test Instrument
Breath test results are generally admissible when the testing complies with the applicable requirements of Chapter 11D-8 of the Florida Administrative Code, which governs operator qualifications, approved instruments, observation procedures, and instrument inspections. Gaps support a motion to exclude the reading.
The Implied Consent Warning
A refusal only counts if the warning was read correctly and the arrest was lawful. Effective October 1, 2025, Florida’s implied consent law was amended to make certain first refusals to submit to a lawful breath, blood, or urine test a criminal offense. Whether officers provided the required statutory implied consent warning should be evaluated based on the law in effect at the time of the arrest.
Benefits of Working With a DUI Lawyer in Broward County
Early representation changes what is still possible in a case:
- Both cases handled together: The criminal charge and the suspension move on one timeline, so the ten-day deadline is not missed while the court case is pending.
- Evidence preserved early: Video is overwritten, and memories fade. Discovery and a formal review hearing lock in the officer’s sworn account while it is fresh.
- Familiarity with the local courts: Charging practices and sentencing habits differ by division and by judge, which shapes whether to negotiate or litigate.
- Fewer court appearances: Counsel can appear for a client at many misdemeanor settings, keeping work absences to a minimum.
- A realistic assessment: An honest read on the file beats optimism, particularly when a professional or commercial license is at risk.
How the Broward County DUI Process Works
Step 1: Protect the License Within Ten Days
The first filing is a written demand for a formal review hearing, delivered with a $25 fee and the citation to the Bureau of Administrative Reviews. It produces a 42-day business purposes permit. Form HSMV 72034 is the alternative: restricted driving right away, in exchange for giving up the challenge.
Step 2: Obtain and Read the State’s File
Discovery brings the arrest report, body and dash camera video, the breath affidavit, inspection records, and any calls for service behind the stop. The file often contains the strongest defense in the case.
Step 3: Depose the Officers
Sworn testimony pins down what the officer saw, how the exercises were instructed, and whether the observation period was kept. A report that does not match a deposition carries weight with a prosecutor.
Step 4: File the Motions
Depending on the record, that means a motion to suppress the stop, one attacking probable cause, or one excluding the breath reading. A granted motion frequently ends the prosecution.
Step 5: Resolve by Negotiation or Trial
Many cases end in a reduction to reckless driving, avoiding the mandatory revocation and the DUI conviction. Where the state will not move, the case is tried to a jury of six.
How Long a DUI Case Takes
A straightforward misdemeanor usually resolves in three to six months from arraignment, though contested motions or a blood draw sent to a laboratory can push it past nine. Felony matters take longer. The administrative side moves faster: a formal review hearing is set within roughly 30 days of the demand. Docket congestion varies between the central and regional courthouses, and no responsible lawyer promises a date or an outcome.
What a DUI Case Costs
The costs arrive from several directions. A first conviction carries a statutory fine of $500 to $1,000, plus court costs, probation fees, a 10-day vehicle immobilization, and 50 hours of community service or $10 per hour in lieu of it. The Level I DUI course through the county’s licensed program runs several hundred dollars and includes a substance abuse evaluation. The formal review hearing costs $25 to file, reinstatement fees follow, and FR-44 insurance raises premiums for years. Legal fees are quoted flat for most matters, and payment plans are available.
DUI Matters We Handle in Broward County
The office takes on the full range of impaired driving cases:
- First offense DUI: A first arrest, often for a client who has never been inside a courtroom.
- Enhanced breath alcohol cases: Readings of 0.15 or higher, or a passenger under 18, which trigger higher fines and a mandatory ignition interlock device.
- Breath and urine test refusals: Charges under section 316.1939 alongside the DUI, now that a first refusal is prosecutable.
- Felony DUI: A third offense within ten years or a fourth at any time, each charged as a third-degree felony.
- DUI with property damage or injury: Cases under section 316.193(3), where the exposure changes and reconstruction matters.
- License suspension hearings: Formal review demands, waiver filings, and hardship petitions before the Bureau.
Why Work With Law Offices of R. David Williams, P.A.
A DUI arrest tends to land in the middle of an otherwise ordinary life. People worry about a job that requires driving, a professional license, an insurance premium that follows them for years. Those worries are not separate from the legal case. They define what a good outcome looks like.
Law Offices of R. David Williams, P.A. is led by founding attorney and criminal defense lawyer R. David Williams, whose team handles formal review demands under section 322.2615, Form HSMV 72034 waiver filings, motions to suppress the stop and the breath result, and felony DUI defense. We represent clients across Broward County, working with the Seventeenth Judicial Circuit, the county and regional courthouses, and the Bureau of Administrative Reviews. R. David Williams has defended criminal and traffic matters here for more than 25 years.
Schedule Your Free Consultation
A first call costs nothing and commits you to nothing. Bring the citation and whatever you remember of the stop. You will get a straight answer about the deadline you are facing and what the case looks like.
Call (954) 522-9997 or fill out our online form today for a free consultation. Law Offices of R. David Williams, P.A. represents drivers charged with impaired driving throughout Broward County, and a DUI lawyer in Broward County can review the citation the same week you call. Let us help you protect your license and your record with confidence.
Frequently Asked Questions About DUI Charges in Broward County
How long do I have to save my license after a DUI arrest?
Ten calendar days from the arrest date. Within that window, you or your attorney must demand a formal review hearing at the Bureau of Administrative Reviews, or file a waiver and obtain immediate restricted driving privileges. Miss the deadline and the suspension takes effect automatically.
Can I refuse a breath test in Florida?
You can physically refuse, but since October 1, 2025, a first refusal is a second-degree misdemeanor under section 316.1939, punishable by up to 60 days in jail and a $500 fine. The one-year license suspension still applies on top of that criminal charge.
Is a first DUI a felony in Florida?
No. A first or second offense is a misdemeanor. A third offense within ten years of a prior conviction becomes a third-degree felony, and a fourth offense is a felony regardless of how many years separate the arrests. Injury and death cases are charged as felonies immediately.
Do I have to perform field sobriety exercises?
No. Roadside exercises are voluntary, and you may decline them without a separate penalty. Declining does not prevent an arrest if the officer already sees signs of impairment, but it does remove one category of subjective evidence from the state’s file against you.
Does a DUI stay on my record forever in Florida?
A DUI conviction cannot be sealed or expunged under Florida law and remains part of a person’s permanent criminal history. It also stays on the FLHSMV driving record for an extended period, so pursuing a reduction or dismissal before pleading is often preferable; consult FLHSMV or an attorney for the exact retention period.
Can a DUI be reduced to reckless driving?
Yes, and it is a common resolution. A reduction to reckless driving under section 316.192 avoids the mandatory license revocation and the permanent DUI conviction. Whether it is available depends on the breath reading, the driving pattern, prior history, and the strength of the defense motions.
How much does a first DUI cost in Florida?
The statutory fine runs $500 to $1,000, rising to $1,000 to $2,000 when the alcohol level reaches 0.15 or a minor was in the vehicle. Add court costs, probation fees, DUI school, vehicle immobilization, reinstatement fees, and years of FR-44 insurance premiums.
Do I need a lawyer for a first DUI?
Florida law does not require an attorney for a DUI charge, but the ten-day suspension deadline, evidence deadlines, and suppression motions all move quickly, and before your first hearing, so most defendants retain counsel to protect both the license and the criminal case simultaneously.
What happens at a formal review hearing?
A hearing officer reviews whether the stop was lawful, whether probable cause existed, and whether the alcohol level or the refusal is established. Witnesses can be subpoenaed and cross-examined. The standard is a preponderance of the evidence, and the suspension is sustained or invalidated.
Can I get a hardship license after a DUI arrest?
Often, yes. A first-time driver who waives formal review and completes DUI school can typically obtain immediate restricted driving privileges. If formal review is pursued instead, a hard suspension period applies first; FLHSMV or an attorney can confirm the exact waiting period for your situation.