Understanding DUI License Suspension in Florida

Written by

Understanding DUI License Suspension in Florida

A Florida DUI license suspension can hit fast—sometimes before you’ve even had a first court date. Once law enforcement takes your license, the countdown starts on critical deadlines, including whether you can challenge the suspension through a DMV hearing and whether you may qualify for a hardship license.

If you’re facing a DUI in Broward County or anywhere in South Florida, you may also want to review Mayersohn Law Group’s
DUI Defense page and this step-by-step guide on what to do right after an arrest:
What to Do Immediately After a DUI Arrest in Florida.

Quick Links

What Triggers a Florida DUI License Suspension?

A Florida DUI license suspension generally starts in one of two ways:

  1. Administrative suspension (DMV/FLHSMV): typically starts right after arrest if the officer alleges a breath/blood result at or above the legal limit,
    or if you refuse testing.
  2. Court-ordered suspension: can be imposed after a DUI conviction, even if you fought (or won) parts of the administrative process.

Florida’s administrative suspension process is commonly tied to Florida Statute § 322.2615. In many cases, you receive a short temporary permit and a limited window to request a hearing—often referred to as Florida’s “10-day rule”.

Administrative vs. Court-Ordered Suspension

This is the part most people don’t hear until it’s already happening: DUI cases often run on two parallel tracks.
One is your criminal case, and the other is the administrative license action through FLHSMV. :contentReference[oaicite:2]{index=2}

  • Administrative suspension focuses on issues like whether the officer had legal cause, whether testing was requested properly, and what the reported result/refusal was.
  • Court-ordered suspension is sentencing-related and can apply after conviction.

If your DUI involves alleged refusal, this can raise the stakes immediately. Related reading:
Refusing a Breathalyzer Test: Consequences and Rights.

DMV Hearing: Your Next Step (Formal Review Hearing)

The formal review hearing (DMV hearing) is your chance to contest the automatic suspension. If you do not request it within the required time window, your ability to challenge the administrative suspension can be lost, and the suspension typically goes into effect automatically.

  • Deadline: commonly referred to as the 10-day rule from the date of arrest.
  • What happens: the hearing officer reviews evidence and determines whether the administrative suspension stands.
  • Why it matters: it can affect your driving privileges while the criminal case is pending.

Mayersohn Law Group discusses the urgency of acting within the 10-day window here: What to Do Immediately After a DUI Arrest in Florida. Administrative hearing rules are also addressed in Florida administrative procedure regulations, including Rule 15A-6.013.

Suspension Lengths and Eligibility

Suspension length depends on the case type (breath/blood result vs. refusal), your prior record, and whether the state alleges enhancements.
For the official chart, see: FLHSMV DUI Administrative Suspension Chart.

Offense Type Administrative Suspension (Common Ranges) Court-Ordered Suspension (Varies) Hardship License Eligible?
1st Offense (BAC .08+) Often 6 months Often 6–12 months Often yes (eligibility depends on timing and compliance)
Refusal Often 1 year Often 6–12 months Sometimes (restrictions and waiting periods may apply)
2nd Offense Often longer than a first Can be much longer (especially within a 5-year window) Maybe (depends heavily on prior history)
3rd Offense Often longer than a second Can be long-term Limited; typically only after significant time and strict requirements

If you’re dealing with repeat-offense exposure, see: Second Offense DUI Attorney.

Hardship License and Driving Privileges

A hardship license may allow restricted driving for work, school, medical needs, or other essential purposes during a Florida DUI license suspension. Hardship eligibility is fact-specific, and missing deadlines can make the process harder.

In many situations, hardship eligibility requires steps like:

  • Enrolling in DUI school: FLHSMV DUI School
  • Paying reinstatement/administrative fees (amounts vary)
  • Providing proof of compliance and eligibility

Mayersohn Law Group also notes that the hearing process can be connected to hardship issues:

License Reinstatement After a DUI Suspension

License reinstatement after a DUI suspension commonly involves multiple items—some from the court side and others from FLHSMV.
While the exact checklist depends on your case, many drivers are required to:

  1. Pay court and administrative fees
  2. Complete DUI school and any required evaluation/treatment
  3. Maintain FR-44 insurance if required after conviction (this often means higher liability coverage and higher premiums).
    Mayersohn Law Group discusses FR-44 in the context of DUI consequences here: Second Offense DUI Attorney.
  4. Finish probation/community service if ordered

For payment links and case-related forms, your county clerk can matter. Examples:
Broward County Clerk of Courts,
Palm Beach County Clerk & Comptroller,
and the statewide directory:
Florida Clerks of Court.

The Impact: More Than Just Driving

A Florida DUI license suspension can affect far more than transportation. Common ripple effects include:

  • Employment: commuting issues, missed work, job risk for drivers or licensed professionals
  • Insurance: premium increases and, in some cases, policy changes after DUI-related actions
  • Family logistics: school drop-offs, appointments, caregiving responsibilities
  • Case leverage: administrative consequences can pressure people into rushed decisions in court

If your DUI arrest involved alleged property damage or a crash, that can change the posture of the case quickly:
DUI with Property Damage: Felony Charges Explained.

FAQs About Florida DUI License Suspension (Table)

Question Answer
How long do I have to request a DMV hearing after a DUI arrest? In many cases, you have a short deadline commonly called Florida’s “10-day rule.” Missing it can mean the suspension goes into effect automatically. See the 10-day guidance here.
Is the DMV suspension separate from my criminal DUI case? Yes. Administrative license action can move forward even while your criminal case is pending.
Does refusing a breath test stop a DUI case? No. Refusal can trigger license consequences and can still leave you facing DUI prosecution. Read more about refusal consequences.
Can I get a hardship license after a DUI suspension? Sometimes, depending on your record and the type of suspension. DUI school enrollment and strict compliance are commonly required.
What’s the fastest way to protect my license after a DUI arrest? Act immediately, document what happened, and address the administrative deadlines early. Start with this arrest checklist.

Official Resources

Resource Use
Florida Statutes § 322.2615 Administrative suspension procedures after DUI arrest
Florida Statutes § 316.193 DUI definition and penalty framework
Florida Statutes § 316.1932 Implied consent and refusal consequences
FLHSMV Driver license status, hearing processes, and program info
FLHSMV Administrative Suspension Chart Official suspension chart by scenario
Rule 15A-6.013 Administrative procedure rule for review hearings

Talk to a Fort Lauderdale DUI Lawyer About Your Suspension

If your license is on the line after a DUI arrest, the key is moving early—before deadlines close and before a temporary permit expires.
Mayersohn Law Group represents clients across South Florida and focuses on evidence-driven DUI defense.

Mayersohn Law Group, P.A.
500 E. Broward Blvd, Suite 1580, Fort Lauderdale, FL 33394
Tel: 954-765-1900
DUI Defense |
Criminal Defense |
DUI Arrest Next Steps

Disclaimer: This page is for general information only and does not create an attorney-client relationship. Every case depends on its facts.

First Time DUI Offender Guide in Florida

Written by

First Time DUI Offender Guide in Florida

Getting charged as a first time DUI offender in Florida can feel like your life is suddenly on fast-forward—court dates, paperwork, fear about your license, and a lot of “What happens now?” If this is your first DUI, you still have options, and the early decisions you make can directly impact the outcome.

If you’re in South Florida (Fort Lauderdale, Broward County, Miami-Dade, or Palm Beach), start by reviewing:
DUI Defense and
Criminal Defense.
For immediate next steps after an arrest, see:
What to Do Immediately After a DUI Arrest in Florida.

Understanding First Time DUI Charges in Florida

A first time DUI offender in Florida is generally someone with no prior DUI convictions. Florida’s DUI statute is:
Florida Statutes § 316.193.
DUI can involve an alleged BAC of 0.08% or higher, or driving while impaired by alcohol and/or drugs.

How a first DUI case typically unfolds

  • Traffic stop: An officer must have a lawful reason to stop you (a valid traffic infraction or other legal basis).
  • DUI investigation: Questions, observations, and often field sobriety exercises. (If your arrest involved a checkpoint, read:
    DUI Checkpoint Rights and Defense Strategies.)
  • Chemical testing: Breath, blood, and/or urine testing may be requested.
    Refusal allegations can carry serious license consequences—see:
    Refusing a Breathalyzer Test: Consequences and Rights.
  • Booking and release: Conditions can include bond, “no alcohol” orders, or ignition interlock requirements in some situations.

If you’re unsure what to do right now, this checklist-style page is a strong starting point:
What to Do Immediately After a DUI Arrest in Florida.

What Are the DUI Penalties for a First Offense in Florida?

First offense DUI penalties depend on the facts—especially alleged BAC level, whether there was a crash, property damage, injury, or a minor in the vehicle.
Below is a general overview of commonly imposed penalties for a first time DUI offender in Florida.

Penalty Type Range / Requirement Notes
Jail Time Up to 6 months Can increase with alleged BAC ≥ .15 or other enhancements
Fines $500–$1,000 Often increases with aggravating factors
Probation Up to 1 year Common on first offenses
License Suspension Varies by case type Administrative suspension may begin immediately after arrest
DUI School Mandatory (Level I typically) Usually includes substance abuse evaluation
Community Service Often ordered (commonly 50 hours) Courts may allow a buyout option in some cases
Ignition Interlock (IID) Sometimes ordered More likely with alleged BAC ≥ .15, or if required by court terms

For official state information, see:
FLHSMV DUI Information.

License Suspension and the DMV Side of a First DUI

Many people are surprised to learn a DUI can trigger administrative license suspension through FLHSMV separate from the criminal court case. In other words, you can be fighting two battles at once:
court and DMV.

If your case involves allegations of a crash or damage, that can also change how prosecutors charge the case and how aggressively they pursue penalties. Related reading:
DUI with Property Damage: Felony Charges Explained.

Probation, DUI School, and Your Driving Future

For many first-time DUI cases, probation is part of the sentence. Probation terms can include reporting requirements, community service, DUI school, treatment recommendations, and other conditions. If you’re worried about staying compliant, it helps to understand how violations can escalate quickly.

DUI school is typically mandatory and often must be completed (or at least started) before full license reinstatement is even on the table. Official program information:
FLHSMV DUI Programs.

What Happens at Your First Court Appearance?

Your first appearance is often an arraignment (depending on how the case is filed and scheduled). This is where the court formally presents the charge and you enter a plea (or your attorney addresses the plea on your behalf, depending on the case).

  • Bond conditions may be reviewed or modified.
  • Discovery (the evidence) becomes a major focus: reports, video, breath records, witness statements.
  • The case may be evaluated for opportunities to reduce penalties based on weaknesses in the stop, the investigation, or testing.

If you want a clear overview of how Mayersohn Law Group approaches DUI defense, start here:
DUI Lawyer.

Defense Strategies That Often Matter in First-Time DUI Cases

A first DUI is defensible. The goal is to identify what the state must prove and where the evidence breaks down. Common defense angles include:

1) The traffic stop was not lawful

If the officer lacked legal justification to stop the vehicle, it can limit what evidence is usable in court.

2) Field sobriety exercises were unreliable

These exercises are often treated like “proof,” but conditions matter—lighting, road surface, footwear, nerves, injury, and medical factors can all skew performance.

3) Breath or blood testing issues

Breath tests can be challenged based on procedures, maintenance, observation periods, or medical factors. Blood tests can raise chain-of-custody and lab reliability questions.

4) Refusal allegations and implied consent consequences

Refusal can trigger administrative penalties and becomes a major piece of the prosecutor’s narrative. Read:
Refusing a Breathalyzer Test: Consequences and Rights
and the statute:
Florida Statutes § 316.1932 (Implied Consent).

If this is your first DUI and you want a defense plan built for your facts, talk with Leah Mayersohn and Mayersohn Law Group:
Fort Lauderdale DUI Defense.

First DUI in Florida FAQs (Table)

Question Answer
Will I go to jail on a first DUI in Florida? Not always. Jail is possible, but many first-time cases are handled without maximum jail exposure—especially when there are no enhancements or accident allegations.
Can I keep my driver’s license? Maybe. Many DUI cases involve an administrative suspension through FLHSMV that runs separately from court. Timing matters, so act quickly after arrest.
Do I have to do DUI school? In most first offense cases, DUI school is required, and you may also need a substance abuse evaluation.
What if I refused the breath test? Refusal can trigger administrative penalties and complicate the criminal case. Start here: Refusing a Breathalyzer Test: Consequences and Rights.
Should I just plead guilty to “get it over with”? Pleading early can lock in consequences that follow you for years. It’s usually smarter to review the stop, evidence, and testing first.
Does a first DUI affect employment? It can—especially if your job involves driving, licensing, or background checks. A defense plan can focus on minimizing long-term impact.

Helpful Official Resources

Resource What It’s For
Florida Statutes § 316.193 Florida DUI law definition and penalty framework
Florida Statutes § 316.1932 Implied consent and refusal consequences
FLHSMV DUI Information State DUI programs, licensing, education requirements
Florida Courts General court process information and resources
Broward County Clerk of Courts Case lookup and court administration resources (Broward)

Talk to Mayersohn Law Group About a First DUI

If you’re facing a first time DUI charge in Florida, you don’t have to guess your way through the system. Mayersohn Law Group represents clients across South Florida and focuses on smart, evidence-driven defense from the beginning of the case.

Mayersohn Law Group, P.A.
500 E. Broward Blvd, Suite 1580, Fort Lauderdale, FL 33394
Tel: 954-765-1900
DUI Defense |
Criminal Defense |
Locations

Disclaimer: This content is for general information only and does not create an attorney-client relationship. Every case is different and depends on the specific facts.

Second DUI Offense: Enhanced Penalties and Defense

Written by

Second DUI Offense in Florida: Enhanced Penalties and Defense Options

A second DUI offense in Florida isn’t “just another DUI.” It’s the point where prosecutors and judges often stop giving the benefit of the doubt—and Florida law ramps up the consequences fast. If you were arrested in Fort Lauderdale, anywhere in Broward County, or across South Florida (including Miami-Dade and Palm Beach), understanding what’s at stake—and what can still be challenged—can change the direction of your case.

If you’re looking for immediate next steps, start here:
What to Do Immediately After a DUI Arrest in Florida.
For broader strategy, see our
DUI Lawyer page and our
Criminal Defense practice area.

What Counts as a Second DUI Offense in Florida?

Florida generally treats a DUI as a “second offense” if you have one prior DUI conviction and you are arrested again for DUI—whether your prior case happened in Florida or another state. The biggest difference is timing: penalties become significantly harsher if the second DUI is within five years of the prior conviction (often called the 5-year lookback).

  • Out-of-state DUI convictions can count for Florida sentencing purposes.
  • Within 5 years of the prior DUI is where the mandatory minimums and longer suspensions typically hit hardest.
  • Penalties may increase further if there are “enhancements” like BAC of .15+, a minor in the vehicle, a crash, injury, or a test refusal.

Florida’s DUI statute is found here:
Florida Statutes § 316.193.
For official state information about DUI programs and ignition interlock requirements, see:
FLHSMV DUI & IID.

Enhanced Penalties for a Second DUI Offense in Florida

With a second DUI offense in Florida, the court can impose jail, fines, probation, license suspension, DUI school, treatment requirements, and ignition interlock. When the second offense is within five years, Florida imposes additional mandatory consequences that often surprise people—especially the minimum jail requirement and the longer license suspension.

Penalty Category Second DUI (Within 5 Years) Second DUI (More Than 5 Years)
Jail Time Mandatory minimum jail may apply; up to 9 months (up to 12 months with certain enhancements) Up to 9 months (up to 12 months with certain enhancements)
License Suspension Longer suspension periods are common; hardship eligibility can be limited depending on facts Suspension still applies; length varies based on the case
Fines $1,000–$2,000 (can increase with enhancements) $1,000–$2,000 (can increase with enhancements)
Ignition Interlock (IID) Often required; duration increases with enhancements Often required; duration depends on sentencing terms
Vehicle Impound Impoundment may be ordered (commonly 30 days, subject to exceptions) Impoundment may be ordered (commonly 30 days, subject to exceptions)
DUI School / Evaluation Required Required

Important: this is a general overview. Your actual exposure can shift based on BAC level, whether there was an accident, whether anyone was hurt, whether a child was in the car, and whether there was a prior refusal.
For a page focused specifically on repeat-offense DUI defense, visit:
Second Offense DUI Attorney.

License Suspension, Administrative Action, and the 10-Day Rule

A second DUI is usually a two-front battle:
the criminal court case and the administrative license suspension through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
In many DUI arrests, you have a short window—often referenced as the 10-day rule—to request a review hearing to challenge the administrative suspension.

If your case involves an accident allegation, prosecutors often push harder and earlier. You may also want to read:
DUI with Property Damage: Felony Charges Explained.

Ignition Interlock on a Second DUI: The Real-World Impact

An ignition interlock device (IID) is more than a checkbox. It’s a court-ordered system installed in a vehicle that requires a breath sample before the engine will start (and sometimes while driving). On a second DUI, IID requirements are common—and can become longer if the state alleges aggravating factors.

  • Cost: You’re typically responsible for installation, monthly fees, and maintenance.
  • Driving restrictions: The IID requirement can apply to any vehicle you operate, not just the one involved in the arrest.
  • Compliance matters: Missed calibrations or violations can create new problems quickly.

For official details and program information, see:
FLHSMV Ignition Interlock Device Program.

Defense Strategies for a Second DUI Offense in Florida

Prosecutors treat a second DUI like a credibility test: “You’ve been through this once—so why did it happen again?” A strong defense shifts the focus back to what the state must prove beyond a reasonable doubt, and whether law enforcement followed the rules.

1) Challenge the traffic stop

If the stop was not lawful, evidence can sometimes be limited or suppressed. The question isn’t whether an officer had a hunch—it’s whether they had a legally valid reason to stop you.

2) Attack the reliability of impairment claims

Field sobriety exercises are often treated like “proof,” but they’re subjective, performed under imperfect conditions, and influenced by injuries, nerves, weather, footwear, and medical issues. If your arrest involved a checkpoint, see:
DUI Checkpoint Rights and Defense Strategies.

3) Scrutinize breath or blood testing

Breath testing can be challenged through maintenance records, observation periods, operator compliance, medical factors, and procedural issues. Blood testing can raise chain-of-custody and lab reliability questions.

4) Handle refusal allegations the right way

On a second DUI, refusal claims can bring steep administrative consequences and can be used by prosecutors strategically. Florida’s implied consent law is here:
Florida Statutes § 316.1932 (Implied Consent).
For a deeper explanation, read:
Refusing a Breathalyzer Test: Consequences and Rights.

5) Focus on damage control early (court + DMV)

The earlier your defense is built, the more options typically exist—especially for protecting your license and creating leverage for negotiation. If you’re facing a second DUI, it’s worth treating the first few days as the most important phase of the case.

For representation in South Florida, contact Leah Mayersohn and the team at Mayersohn Law Group:
DUI defense in Fort Lauderdale and throughout South Florida.

FAQs About a Second DUI in Florida (Quick Table)

Question Answer
Is a second DUI a felony in Florida? Not always. Many second DUIs are charged as misdemeanors, but facts like injury, serious bodily injury, or certain enhancements can raise the stakes. An attorney should evaluate the charging decision early.
Do out-of-state DUI convictions count in Florida? They often can. Prior DUI history from another state may be considered when Florida is determining penalties and repeat-offender status.
What’s the “5-year lookback” everyone mentions? Florida’s penalties typically escalate when the second DUI occurs within five years of the prior conviction. Timing can affect minimum jail requirements and license consequences.
Can I refuse a breath test on a second DUI? You can refuse, but refusal can trigger serious administrative penalties under Florida’s implied consent law and may be used against you in the criminal case. See this refusal guide.
How fast do I need to act after arrest? Immediately. DUI cases can involve a short timeline to challenge the administrative suspension. Start with these next steps.
Can a second DUI affect immigration status? It can, depending on your full record and case facts (including substances, injury allegations, or probation violations). If you’re not a U.S. citizen, you should get legal advice tailored to your situation right away.

Helpful Official & Local Resources

Resource What It’s Used For
Florida Statutes § 316.193 Florida DUI law and sentencing framework
Florida Statutes § 316.1932 Implied consent and refusal consequences
FLHSMV Administrative Suspension Laws Administrative license suspension rules and procedures
FLHSMV DUI & IID DUI school, IID, and driver licensing information
Broward County Clerk of Courts Case lookup and court administration resources (Broward)

Talk to a Fort Lauderdale DUI Defense Lawyer

If you’re charged with a second DUI in Florida, you’re not out of options—but you do need a defense strategy built for repeat-offense prosecution and DMV pressure. Leah Mayersohn and Mayersohn Law Group represent clients across South Florida, including Fort Lauderdale, Broward County, and surrounding areas.

Mayersohn Law Group, P.A.
500 E. Broward Blvd, Suite 1580, Fort Lauderdale, FL 33394
Tel: 954-765-1900
Locations |
DUI Defense |
Second Offense DUI

Disclaimer: This page is for general information only and does not create an attorney-client relationship. Outcomes depend on the facts of each case.

DUI with Property Damage: Felony Charges Explained

Written by

DUI with Property Damage in Florida: Felony Charges Explained

Facing a DUI with property damage in Florida can be overwhelming, especially when an accident results in vehicle, home, or business damage. These cases carry serious penalties—and understanding the difference between misdemeanor and felony DUI charges is critical. If your arrest occurred in Miami, Fort Lauderdale, or West Palm Beach, act quickly to protect your rights. Learn more about defense options on our Florida DUI Defense page or read our detailed guide on First-Time DUI Arrests in Florida. For official references, see Florida Statutes Chapter 316.

What Counts as Property Damage in a Florida DUI Arrest?

Every DUI property damage case involves two key facts: you were allegedly driving under the influence, and your actions caused property damage. “Property” covers more than vehicles—it can include mailboxes, fences, homes, landscaping, or public structures. If your crash in Broward County damaged another person’s belongings, that’s enough for prosecutors to pursue a DUI with property damage charge.

Legal Elements of a DUI with Property Damage in Florida

Element What Prosecutors Must Prove
Impairment or Excessive BAC Driver’s BAC was 0.08% or higher, or normal faculties were impaired.
Operation of Vehicle Defendant was in physical control of the vehicle at the time of the crash.
Property Damage Tangible damage occurred to another person’s property.
Causation The driver’s impairment caused or significantly contributed to the damage.

For a closer look at criminal charges and DUI defense strategies, visit our Criminal Defense page.

Is DUI with Property Damage a Felony in Florida?

Most DUI with property damage cases start as first-degree misdemeanors, punishable by up to 12 months in jail and a $1,000 fine for a first offense. However, the charge can escalate to a felony depending on the circumstances. Prosecutors may seek harsher penalties if the case involves:

  • Serious bodily injury, under Florida Statute §316.193
  • Repeat DUI offenses or prior convictions
  • Damage to government or public property
  • Reckless driving or hit-and-run behavior

Offense Levels and Potential Penalties

Offense Type Charge Level Maximum Penalty
Property damage only First-degree misdemeanor Up to 1 year in jail, $1,000 fine, probation up to 12 months
Serious bodily injury Third-degree felony Up to 5 years in prison, $5,000 fine, extended license revocation
Prior DUI convictions Enhanced misdemeanor or felony Harsher penalties, longer incarceration, and increased fines

Learn more about enhanced penalties on our Repeat DUI Offenses in Florida resource page.

Additional Consequences of a DUI with Property Damage Conviction

Whether misdemeanor or felony, a conviction for DUI with property damage carries life-changing consequences. These include:

  • Driver’s license suspension or revocation
  • Vehicle impoundment (typically 10 days or more)
  • Mandatory community service and DUI school
  • Probation or jail time
  • Restitution for property repair or replacement
  • Permanent criminal record

Repeat offenders and cases involving high-value property damage often face harsher sentencing. You can review official penalty guidelines through the Florida Department of Highway Safety and Motor Vehicles and the Florida Sentencing Guidelines Chart (PDF).

Key Steps After a DUI with Property Damage Arrest

If you’ve been arrested for DUI with property damage in Florida, take immediate action to preserve your rights and protect your license. Here’s what to do:

  1. Request a Formal Hearing: You have 10 days to challenge your administrative license suspension with the FLHSMV.
  2. Document the Scene: Gather photos, witness statements, and insurance reports as evidence.
  3. Contact a Defense Attorney: Speak to a lawyer experienced in Florida DUI Defense.
  4. Avoid discussing your case: Don’t speak with insurers or police without legal counsel.

For help rebuilding your record, see our Driver’s License Restoration page or contact us directly to discuss your defense strategy.

Talk to Mayersohn Law Group Today

At Mayersohn Law Group, we understand how quickly a DUI with property damage can escalate. Our experienced Fort Lauderdale Criminal Defense Attorneys know what it takes to challenge these charges and protect your freedom, license, and future.

Legal References: Florida Statutes §316.193 (DUI Penalties) • Florida Highway Safety and Motor Vehicles • Florida Sentencing Guidelines (DOC).

DUI Checkpoint Rights and Defense Strategies

Written by

DUI Checkpoint Rights in Florida: What to Know About Sobriety Checkpoints, Your Constitutional Protections, and Building a Checkpoint Defense

Driving through sobriety checkpoints in Florida can leave anyone uncertain about their DUI checkpoint rights. Knowing what you must (and don’t have to) do at a checkpoint can make a real difference if you’re stopped in Miami-Dade, Broward, or Palm Beach. For more help, see our DUI Defense practice area and our recent post on what to do immediately after a Florida DUI arrest. If you’re comparing options in Broward, read How to Find the Best DUI Lawyer in Broward County.

=What Are Your DUI Checkpoint Rights in Florida?

Sobriety checkpoints (roadblocks) are permitted in Florida when law enforcement follows strict constitutional safeguards and written procedures. Florida agencies use them to deter impaired driving while respecting your rights under the Fourth Amendment.

Your key rights at a checkpoint:

  • Right to remain silent: You must show license, registration, and proof of insurance, but you do not have to answer questions about drinking, where you’re coming from, or other investigative questions.
  • Right to refuse roadside field tests: You may generally refuse field sobriety exercises (walk-and-turn, one-leg stand, HGN). Refusing a post-arrest breath test has consequences under Florida’s Implied Consent Law (F.S. 316.1932).
  • Right to counsel after arrest: If you are arrested, you can request to speak with an attorney before answering further questions.

For a defense overview and next steps, visit our DUI Defense page or our Fort Lauderdale DUI Charges resource.

How Florida Sobriety Checkpoints Must Be Run

Officers cannot set up a DUI roadblock “whenever and however.” Supervisors must create written, neutral procedures that limit officer discretion and minimize delays for motorists. Agencies such as the Florida Highway Patrol (FLHSMV/FHP) often provide public information about enforcement operations.

Requirement What It Means
Supervisor planning Policies and site selection are set by supervisors, not by officers in the field.
Neutral stopping formula Vehicles are stopped by a pre-set pattern (e.g., every 3rd car), not by hunches.
Minimal intrusion Brief checks; longer detention requires individualized reasonable suspicion.
Safety and visibility Marked units, lighting, signage, and clear officer identification.

If you’re unsure the checkpoint followed these rules, start here: Criminal Defense overview or contact our team.

Common Checkpoint Defense Strategies

  • Improper checkpoint operation: Deviation from the written plan can lead to suppression of evidence.
  • Unlawful detention: Prolonged questioning without reasonable suspicion violates the Fourth Amendment.
  • Unreliable field sobriety tests: Poor lighting/weather, uneven surfaces, medical or balance issues, or incorrect instructions.
  • Breath/chemical test challenges: Machine maintenance, observation periods, administrative protocol, or implied-consent warnings.

See our practical guide: What to Do Immediately After a DUI Arrest in Florida.

Florida DUI Checkpoints: Quick FAQs

Are DUI checkpoints legal in Florida?
Yes—when conducted under constitutional guidelines and written, neutral procedures. Check agency updates from FLHSMV/FHP.

What documents must I provide at a checkpoint?
Driver’s license, vehicle registration, and proof of insurance.

Can I refuse field sobriety tests?
You may refuse field sobriety exercises. Refusing a post-arrest breath test can trigger license suspension under Florida’s Implied Consent Law.

What if I’m arrested?
Invoke your right to remain silent and request an attorney. Start with our DUI Defense page and contact us 24/7.

Talk to Mayersohn Law Group

If you were stopped at a DUI checkpoint anywhere in South Florida, timing matters. Preserve your rights and defense options now.

Legal References: Florida Statutes §316.1932 (Implied Consent) • U.S. Const. amend. IV • Enforcement info: Florida Highway Safety and Motor Vehicles.

Refusing a Breathalyzer Test: Consequences and Rights

Written by

Refusing a Breathalyzer Test in Florida: Understanding Your Rights and the Consequences

Choosing to refuse a breathalyzer test in Florida can have immediate and serious consequences under the state’s Implied Consent Law. If you’re facing a DUI charge or questioning your rights around a breath test refusal, understanding how this decision affects your license suspension and criminal case is important. Many drivers encounter these issues after an arrest—see our DUI Defense page for strategies to fight back, or visit our Criminal Defense overview for broader legal support. Knowing your obligations under Florida law can make the difference between a manageable case and a severe outcome.

What Does Refusing a Breathalyzer Test in Florida Mean?

Florida operates under the Implied Consent Law, which states that any driver who holds a valid license automatically consents to chemical testing—such as a breath, blood, or urine test—if lawfully arrested for DUI. Refusing a breathalyzer test means declining to provide a sample to measure your blood alcohol concentration (BAC) after being detained for suspected impaired driving.

Key Points of Florida’s Implied Consent Law

Requirement Description
Who it applies to Anyone driving with a valid Florida license
Required tests Breath, blood, or urine when requested lawfully for DUI investigation
Penalties for refusal Automatic license suspension, admissible in court, possible misdemeanor for repeat refusal

Immediate Consequences of Breathalyzer Refusal in Florida

When you refuse a breathalyzer test, administrative penalties begin immediately—even before your court date. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) enforces these consequences regardless of whether you are later convicted of DUI:

  • First Refusal: One-year driver’s license suspension.
  • Second or Subsequent Refusal: Eighteen-month suspension and possible misdemeanor charges for repeat offenders.
  • Use in Court: Prosecutors can introduce your refusal as evidence suggesting you were attempting to hide intoxication.

For next steps after an arrest, read What to Do Immediately After a DUI Arrest in Florida.

Can You Legally Refuse a Breathalyzer in Florida?

While you technically can refuse a test, you cannot do so without consequence. Refusal activates penalties under the implied consent law, even if you were not impaired. In some circumstances—particularly after an accident involving injury or death—officers can obtain a warrant for a blood draw.

Possible Legal Exceptions and Defenses

  • Unlawful Stop: If the officer lacked probable cause, all resulting evidence may be suppressed.
  • Physical Inability: Medical conditions preventing breath samples must be clearly communicated and documented.
  • Improper Police Procedure: Failure to follow required protocol can invalidate the request for testing.

For additional legal context, visit the Miami-Dade County Courts website to review local case procedures.

Long-Term Impacts: License Suspension and Criminal Consequences

If your license is suspended due to breathalyzer refusal, you have 10 days from the date of arrest to request a formal review hearing with the FLHSMV. Missing this deadline could permanently affect your ability to contest the suspension.

Visit our Driver’s License Restoration page for step-by-step instructions on challenging a suspension and regaining driving privileges.

It’s important to know:

  • Refusing a breathalyzer does not prevent a DUI conviction—refusal can be used as evidence in court.
  • Repeat refusals may result in additional criminal charges and enhanced penalties.
  • Insurance rates can increase or coverage may be dropped after an administrative suspension.

Learn more about penalties and procedures under the Florida DUI Statute (F.S. 316.193).

Protect Your Rights After a DUI Arrest

If you refused a breathalyzer in Florida, don’t face the consequences alone. The Mayersohn Law Group can help you fight your suspension, challenge the legality of your stop, and build a strong defense for your DUI case.

Legal References: F.S. §316.1932 (Implied Consent) • F.S. §316.193 (DUI Penalties) • Florida Highway Safety and Motor Vehicles.

 

 

Arrested After Hours? Why You Need a 24 Hour Criminal Lawyer in Broward

Written by

Arrested After Hours? Why You Need a 24 Hour Criminal Lawyer in Broward

24 hour criminal lawyer near me — Those words might be the first thing you type after a midnight arrest. When you’re taken into custody after business hours, the clock starts on your rights. Florida law requires that every person arrested must be taken before a judge within 24 hours for a first appearance and informed of the charges. At that hearing, the court determines probable cause, sets bond and, if you can’t afford counsel, a lawyer will be appointed. In this critical window, having a 24/7 criminal lawyer protects your rights, helps secure release, and prepares a defense.

What Happens in the First 24 Hours After an Arrest?

The hours immediately after an arrest are hectic. Knowing what to expect can reduce fear and help you make smart decisions. Below is a simplified overview of the stages from arrest to first appearance:

Stage What it involves Legal rights and resources
Custody & booking The police arrest you, take you to jail, and record your personal information and charges. You have the right to remain silent and to consult an attorney. Family can use the Broward Clerk’s public case search to find case information.
First appearance A judge reviews probable cause, sets or modifies bond, and may impose release conditions. If you cannot afford a lawyer, the court must appoint counsel. A 24/7 criminal lawyer can advocate for lower bond or release on recognizance.
After release The case moves to arraignment and pre‑trial. Your attorney can file motions to suppress evidence, negotiate with the prosecutor, and begin preparing your defense. Use our resources on the Stages of a Criminal Trial to learn what’s next.

Because the first appearance can happen quickly and sometimes in the middle of the night, having a 24/7 criminal lawyer ensures you have someone advocating for lower bond, advising you on what not to say, and preserving your rights from the start.

Why a 24/7 Criminal Lawyer Makes a Difference

An arrest doesn’t wait until office hours. Whether it happens at 2:00 a.m. in Fort Lauderdale or on a weekend in another part of Broward County, an attorney who answers your call can make the difference between spending the night in jail or going home. Here’s why time is of the essence:

  • Protect you during police questioning: Officers may try to question you immediately after arrest. Having a lawyer on the line prevents self‑incrimination and ensures you invoke your right to remain silent.
  • Seek prompt release: Your attorney can contact a bail bondsman, advocate for a reasonable bond, and help arrange release conditions quickly.
  • Preserve evidence: Once retained, your lawyer begins investigating, preserving surveillance footage, witness statements, or other evidence that may disappear.
  • Guide your family: Loved ones often panic when someone is arrested after hours. Your lawyer can explain
  • the process, direct them to resources, and help with paperwork.

AtMayersohn Law Group, our attorneys are available 24/7 to answer your call and provide immediate legal advice. We understand local procedures, from the Broward County Jail to the Felony and Misdemeanor divisions of the Seventeenth Judicial Circuit, and we strive to minimize the disruption an arrest causes to your life.

How to Choose the Right

Stylized handshake under moon with scales and clock symbolizing trust and nighttime legal services

 24 Hour Criminal Lawyer

Not all lawyers offer true 24/7 availability. When evaluating a criminal defense attorney, consider the following:

  • Experience with your type of case: Ask whether the lawyer has handled cases like yours and how much of their practice is devoted to criminal defense. Our firm focuses on criminal defense in Broward County, from DUIs to serious felonies.
  • Local knowledge: A lawyer who regularly appears in Broward courts knows the judges, prosecutors, and court procedures, which can influence bond amounts, plea negotiations and trial strategy.
  • Responsiveness: Your attorney should return calls quickly and be willing to meet after hours when emergencies arise.
  • Transparent fees: Ask about fees and whether after‑hours representation is included. We provide clear fee agreements so you know what to expect.
  • Client communication: You should understand who will work on your case and how the lawyer will keep you informed. We offer regular updates and online case tracking.

Use the Florida Bar’s Find a Lawyer tool to verify any attorney’s license and disciplinary history.

Our Commitment to Broward County Residents

The Mayersohn Law Group has built a reputation as a trusted criminal defense law firm serving Fort Lauderdale and Broward County. We provide 24 hour criminal lawyer services because arrests don’t wait for business hours. Whether you’ve been charged with a misdemeanor or felony, we will fight for your rights and explore every option for dismissal, reduction, or acquittal. For more information on the criminal process, explore our resources on what you need to know in criminal cases and criminal defense in Florida. When you’re ready to act, visit our contact page or call us anytime.

Frequently Asked Questions

What should I do if I’m arrested after hours in Broward County?
Stay calm and assert your right to remain silent. Ask to speak with an attorney immediately. Contact a 24/7 criminal lawyer who can advise you, contact your family, and advocate for prompt release.

Will a public defender be available if I can’t afford a lawyer?
At your first appearance, the judge must appoint counsel if you cannot afford one. However, hiring your own 24‑hour lawyer ensures you have representation before and during the hearing.

How quickly can a 24/7 lawyer get me out of jail?
Every case is different, but an experienced attorney can often coordinate with bondsmen and argue for reasonable bond at your first appearance, sometimes securing release within hours.

Does Mayersohn Law Group handle cases outside Fort Lauderdale?
Yes. Our attorneys represent clients across Broward County and the surrounding areas. If you are searching for a 24 hour criminal lawyer near me, we can assist you.

If you’ve been arrested after hours, don’t wait for business hours to get help. Contact Mayersohn Law Group for experienced, compassionate representation at any hour.