Florida DUI Defense Attorney
A DUI charge in Florida is two cases at once — a criminal case in the courts and an administrative case at the Department of Highway Safety and Motor Vehicles. Both have hard deadlines, both can affect your license, and the choices you make in the first ten days shape what's possible in the next ten months. Clyde works both tracks together so the strategy in one doesn't undermine the other.
What you face after a Florida DUI arrest
A first-offense Florida DUI carries fines of $500–$1,000, up to six months in jail, fifty hours of community service, vehicle impoundment, and DUI school. Your license can be administratively suspended for six months. Aggravating factors — a BAC above 0.15, a minor passenger, an accident with injury — increase every penalty. A second or third offense within five years carries mandatory minimum jail and longer license revocation. Beyond the statute, a DUI conviction follows you into employment, housing, and insurance for years.
The ten-day rule on your license
Florida gives you exactly ten days from the date of your arrest to request a formal review hearing with the Department of Highway Safety and Motor Vehicles. If you miss that window, your license is administratively suspended without a chance to contest it. If you act in time, Clyde can request the hearing, subpoena the arresting officer, and challenge the evidence behind the suspension. Even when the administrative case does not end in your favor, the formal review process produces sworn testimony that often becomes useful in the criminal case.
Challenging the evidence
Many DUI cases turn on whether the traffic stop itself was lawful, whether field sobriety tests were administered to standard, and whether the breath-test instrument was properly maintained and calibrated. Clyde reviews the dash-camera and body-camera video, the breath-test maintenance records, and the officer's narrative for the gaps that can support a motion to suppress or a reduction in charges. Prosecutors know which cases will withstand cross-examination and which won't; the goal is to put your case in the second category.
What 'win' can look like
Outright dismissal is possible when the stop or arrest was unlawful or the evidence is fatally weak. More commonly, the win is a reduction — to reckless driving, often called a "wet reckless" — with no license revocation, lower penalties, and the possibility of sealing the record later. Diversion programs are available in some Central Florida circuits for first-time offenders meeting specific criteria. The right outcome depends on the facts, your record, and what matters most to you about the rest of your life.
Frequently Asked Questions
I think I failed the breath test. Is the case over?
No. A breath-test reading is evidence, but it isn't the case. The instrument has to be approved, in calibration, and operated correctly. Florida's implied-consent rules require specific observations before and during the test. Cases with adverse breath-test readings have been reduced or dismissed because of failures in any of those areas. Bring the paperwork to a consultation — the result is one data point, not the whole picture.
What happens if I refused the breath test?
Refusal carries its own administrative consequence — a one-year license suspension for a first refusal, eighteen months for a second. It can also be argued as consciousness of guilt at trial. But there are legitimate reasons people refuse, and a refusal does not automatically mean a conviction. The right strategy depends on what else was in the case: video, statements, prior record, and what the officer documented.
Can a Florida DUI be reduced to reckless driving?
Sometimes. "Wet reckless" pleas — reckless driving with the underlying facts being a DUI stop — are negotiated in cases with weaker prosecution evidence, no aggravating factors, or first-time defendants showing strong mitigation. The penalties are lower, there is no automatic license revocation, and the record may later be eligible for sealing under Florida law (see Seal & Expungement).
Will a DUI affect my insurance?
Yes. Florida requires SR-22 insurance for three years following a DUI conviction, which typically doubles or triples premiums. That financial impact is part of the calculation when deciding whether to fight, negotiate, or plead — Clyde walks through the realistic cost of each path during the consultation, so you decide with the numbers in front of you.
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