A Florida DUI Lawyer Standing Up for You

When you’re accused of a DUI or DWI, you have to defend two cases at once. With so much at stake, turn to a trusted, experienced DUI attorney.

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Protect Your Rights With Experienced Legal Defense

A DUI arrest in Florida is an emergency. You have only 10 days to save your driver's license.

The window for action may be even smaller than 10 days—from the moment the police start asking questions—your driving privileges and freedom are at risk. However you feel about your innocence or guilt, your top priority should be finding a DUI lawyer you can trust. You need a firm that can fight back against the administrative and criminal penalties breathing down your neck. Find the experience and determined legal advocacy you need at Fenderson Law Firm. Call today for a free consultation regarding your options.

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The Two Cases Against You: Criminal & Administrative

What starts as one interaction with law enforcement becomes two different cases for defendants confronting DUI charges. There’s the criminal charge, which may strip a defendant of their liberty and land them in jail or face heavy fines. But there’s also an administrative case that operates by a different set of rules. Experienced DUI attorneys must understand these key differences.
The Criminal Case

When most people think of facing DUI charges, they think of the criminal case that may be brought against them. This may involve arrest, bail hearings, court dates, and harsh penalties, which implicate a defendant's constitutional rights. Throughout these proceedings, a seasoned Florida DUI lawyer will look to defend their client while addressing any deficiencies in the state's case against the driver.

In a criminal case, the prosecution must prove beyond a reasonable doubt that the driver was in control of the vehicle and under the influence. Additionally, Florida law requires that if any breathalyzer is administered, it must substantially comply with guidelines for doing so. If there are any discrepancies, a trusted DUI lawyer should point to these as cause for doubt.

The Administrative Case
The administrative case carries punishments that can be just as severe for defendants, but is absent from many of the constitutional protections owed in a criminal case. Perhaps most substantial are the automatic loss of driving privileges that can accompany a DUI charge. Defendants only have 10 days to challenge this automatic loss of driving privileges and attempt to get a hardship license.

Being unable to drive can threaten a person's career or limit their job options substantially. Despite this impact, defendants in these administrative proceedings don't have some of the same protections they'd have in a criminal case. That's why hiring a DUI accident lawyer as soon as possible is essential—they can help prevent some of the worst outcomes.

Florida DUI Penalties: Liberty and Livelihoods at Stake

Convictions for a DUI can carry serious penalties that can upend a person’s entire life. These penalties can even increase in severity depending on what happens during an initial traffic stop or how many prior convictions a defendant has. Finding a seasoned DUI attorney from the start is vital because even penalties for a first offense can land a person in jail.
  1st Offense 2nd Offense 3rd Offense
BAC of .08 $500–$1,000 fine
Up to 6 months imprisonment
180 days or up to 1 year license revocation 		$1,000–$2,000 fine
Up to 9 months imprisonment
1-year ignition interlock device
At least 5-year license revocation if 2nd conviction is within 5 years of the first 		If w/in 10 years of prior conviction:
$5,000 fine
Up to 5 years imprisonment
At least a 10-year license revocation

If not within 10 years of prior conviction:
$2,000 to $5,000 fine
Up to 12 months imprisonment
2-year ignition interlock
BAC of .15 $1,000 to $2,000 fine
Up to 9 months imprisonment
6 months ignition interlock device 		$2,000 to $4,000 fine
Up to 12 months imprisonment
2 years ignition interlock device 		$4,000 minimum fine in addition to penalties above
Refused Chemical Test $500–$1,000 fine
Up to 6 months imprisonment
1-year license revocation 		$1,000–$2,000 fine
Up to 9 months imprisonment
1-year ignition interlock device 		18 months license revocation
$5,000 fine
Up to 5 years imprisonment
License revoked for at least 10 years
May also face additional misdemeanor charges
Property Damage or Bodily Injury $1,000 fine
Up to 1 year imprisonment
3-year license revocation 		Penalties increase Penalties increase
Serious Bodily Injury $5,000 fine
5 to 10 years imprisonment
3-year license revocation 		Penalties increase Penalties increase
There are additional penalties that can apply depending on additional circumstances or other prior convictions. Speak with a trusted DUI lawyer in a free consultation to better understand what penalties you may be facing and what options you have to prevent them.

Immediate Steps After A Florida DUI Accident

After a DUI accident, there’s likely to be confusion and fear about what comes next. But with a clear vision for the road ahead, you can better plan and better protect your rights. Here’s what to expect after a DUI accident:
Initial Arrest and Booking
If law enforcement forms a reasonable suspicion that the driver is under the influence, they may arrest and bring that person to jail for initial processing. It’s essential to remember that you have a right to remain silent throughout this entire process.
Breathalyzer or Other Chemical Test
The officer may conduct a breathalyzer or urine test to confirm their suspicion that a driver is under the influence. These must be done in substantial conformity to predetermined guidelines.
Call a Lawyer
Contacting a Florida DUI attorney early on is the best use of your ability to make a phone call from jail. They can provide advice on how to proceed and start preparing your defense.
Administrative Suspension
The 10-day clock to request a formal hearing begins after the initial processing. This is why bringing an attorney on board early matters—it gives them more time to help prevent the worst outcomes.
Holding and Release
Typically, police may hold a DUI suspect in jail for at least 8 hours before release on their own recognizance—without bail. Otherwise, they may require bail and a first appearance before a judge.
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Why Hire a Lawyer?

A DUI charge creates two cases against a single defendant. In both cases, the defendant is up against prosecutors and administrators with years of experience imposing harsh penalties on suspects. Turning to a DUI defense attorney with just as much experience provides you with the best chances of preventing the worst. With convenient office locations in Jacksonville and Orlando, DUI defendants across Florida can turn to Fenderson Law Firm. Call our firm today for a dedicated, determined defense of your rights.

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Gordon Fenderson, Attorney at Law serving the State of Florida





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