criminal defence

DUI Defense in West Palm Beach

A DUI arrest sets things in motion quickly. Within hours you may be facing a suspended license, a court date, and decisions that will affect the outcome of your case. Florida takes DUI seriously, and the penalties escalate sharply with each offense and with certain aggravating factors. The time to act is now.

If you have been arrested for DUI in South Florida, call Jeacoma Law today for a confidential consultation.

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DUI Defense | License Consequences | Breath & Field Sobriety Evidence

How Florida Defines DUI

Under § 316.193, Fla. Stat., a person is guilty of DUI if driving or in actual physical control of a vehicle while under the influence of alcohol, a chemical substance, or a controlled substance to the extent that normal faculties are impaired, or with a blood-alcohol or breath-alcohol level of 0.08 or higher. The offense can be proven either way, and the penalties are the same regardless of which method the State uses.

Florida’s DUI law applies not just to driving, but to being in actual physical control of a vehicle. Sitting in the driver’s seat of a parked car with the keys in your possession can be enough.

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Should I Refuse the Breath Test?

There is no universal right answer, but the stakes are higher than most people realize. Under Florida’s implied consent law (§ 316.1932), driving in Florida means you have already consented to breath, urine, or blood testing if arrested for DUI. Refusing does not make that go away; it just triggers separate consequences.

As of October 1, 2025, a first-time refusal is now a second-degree misdemeanor under Trenton’s Law. If you have a prior suspension for refusal, it escalates to a first-degree misdemeanor. On top of that, the administrative penalties are swift: a one-year license suspension for a first refusal, 18 months for a second or subsequent. The refusal itself can also be used against you at trial as evidence of consciousness of guilt.

Refusing does not mean the case goes away. It may mean you are facing a DUI charge and a separate misdemeanor. The calculus depends on your specific situation. Call an attorney the moment you are arrested.

The 10-Day Rule

After a DUI arrest, you have 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles to challenge your administrative license suspension. If you miss that window, your license suspension goes into effect automatically. This deadline runs from the date of arrest, not the date of your first court appearance. An attorney contacted immediately after arrest can preserve this option.

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What's at Stake: DUI Penalties in Florida

A DUI conviction carries consequences that can follow you for decades. Fines, jail time, license revocation, ignition interlock requirements, probation, and in serious cases, a felony record. Here is what Florida law provides under § 316.193 .

First DUI

A first conviction carries a fine of $500 to $1,000, up to six months in jail, and up to one year of probation. Your license will be revoked for a minimum of 180 days, up to one year. The court will also require 50 hours of community service, a 10-day vehicle impoundment, and completion of a substance abuse course.

Second DUI

Fines increase to $1,000 to $2,000, with up to nine months in jail. A mandatory ignition interlock device is required on every vehicle you own or regularly operate for at least one year. If the second offense occurs within five years of the first, there is a mandatory minimum of 10 days in jail, a 30-day vehicle impoundment, and a minimum five-year license revocation.

Third DUI

A third conviction within ten years of a prior offense is a third-degree felony. It carries a mandatory minimum of 30 days in jail, a minimum two-year ignition interlock requirement, a 90-day vehicle impoundment, and a minimum ten-year license revocation. A third offense outside the ten-year window carries a fine of $2,000 to $5,000 and up to twelve months in jail, but the two-year ignition interlock requirement still applies.

Fourth DUI

A fourth conviction is a third-degree felony regardless of when the prior offenses occurred. It carries a mandatory minimum fine of $2,000 and permanent license revocation.

High BAC or Minor in the Vehicle

If your BAC was 0.15 or higher, or a minor was in the vehicle, enhanced penalties apply at every level. A first offense under these circumstances carries fines of $1,000 to $2,000, up to nine months in jail, and a mandatory ignition interlock for at least six months. A second offense carries $2,000 to $4,000 in fines, up to twelve months in jail, and a two-year ignition interlock requirement.

DUI Involving Property Damage or Injury

A DUI that causes property damage or injury to another person is a first-degree misdemeanor. Where the injury rises to serious bodily injury, the charge becomes a third-degree felony, carrying up to five years in prison and a $5,000 fine, along with a minimum three-year license revocation.

DUI Manslaughter

If someone dies as a result of a DUI, including an unborn child, the charge is DUI manslaughter, a second-degree felony carrying a four-year mandatory minimum sentence and up to fifteen years in prison. Fines can reach $10,000, and license revocation is permanent. If the driver knew or should have known a crash occurred and failed to stop and render aid, the charge elevates to a first-degree felony with a maximum sentence of thirty years.

A Note on Hardship Licenses

Hardship reinstatement rules are complicated and depend heavily on your specific history. Florida law prohibits hardship reinstatement for anyone convicted of DUI two or more times, which can eliminate options that might otherwise seem available. Where you actually stand depends on the full picture. Do not assume you qualify or do not qualify without speaking to an attorney.

Common Defenses

DUI cases offer more avenues for defense than many people realize. The facts of every arrest are different, and a close examination of how the stop, investigation, and arrest were conducted often reveals issues that can affect the outcome.

The legality of the traffic stop is frequently challenged. Law enforcement must have reasonable suspicion of a traffic violation or criminal activity to initiate a stop. A stop without legal justification can result in suppression of everything that followed.

Field sobriety tests are subjective and vulnerable to challenge. Standardized field sobriety tests require specific administration procedures. Deviations from those procedures, or physical conditions that affect performance, can undermine the reliability of the results.

Breath test accuracy depends on proper equipment maintenance, calibration, and administration. A breath test result that was obtained through a machine that was not properly maintained, or administered by an officer who was not properly trained, may not be reliable.

Rising blood alcohol is a defense where the defendant’s BAC at the time of driving was below 0.08, even if it reached that level by the time of testing.

Medical conditions can explain symptoms that resemble impairment, including certain neurological conditions, medications, and physical limitations that affect balance and coordination.

Talk to a DUI Defense Attorney

A DUI charge is serious, but the outcome is not predetermined. Early intervention by an attorney who understands Florida’s DUI laws, the administrative hearing process, and the defenses available can make a significant difference.

Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, St. Lucie, Broward, and Miami-Dade counties.

What Happens After a DUI Arrest

The process begins immediately. After booking, a first appearance occurs within 24 hours, where a judge sets bond conditions. The criminal case and the administrative license suspension proceed on separate tracks, and both require attention. Discovery follows, during which your attorney reviews all evidence the State intends to use. Pretrial motions may be filed to suppress evidence or challenge the basis for the stop. Depending on the strength of the evidence, the case resolves through negotiation or proceeds to trial.

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