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Florida DUI defense.

A Florida DUI arrest starts two cases at once: a criminal charge in county court and an administrative license suspension with a 10 day deadline. The firm defends first time and repeat DUI charges in Brevard County, Central Florida, Bay County and Broward County.

How DUI defense cases are handled

Each case starts with a close review of the evidence: what the state has, what it needs to prove and where the gaps may be. Options are discussed after that review, because the right path depends on the facts of the case.

The firm takes DUI defense cases in Brevard County from its Satellite Beach office and in Central Florida from its Orlando office, and also takes cases in Bay County and Broward County. The practice is led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014, and calls are answered 24 hours a day.

Charges we handle

First Time DUI

A first DUI in Florida is usually charged as a misdemeanor, but a conviction still means fines, probation, a license revocation and a permanent record.

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Second DUI

A second DUI in Florida turns heavily on timing.

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Third DUI

A third DUI within 10 years of a prior conviction is a felony in Florida, carrying a mandatory 30 days in jail and a revocation of at least 10 years.

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Felony DUI

Many Florida DUI charges are misdemeanors, but the law makes a DUI a felony in several situations, including a third DUI within 10 years, a fourth or later DUI, a crash causing serious bodily injury and a crash causing a death.

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DUI Manslaughter

DUI manslaughter is the most serious DUI charge in Florida: a second degree felony with a 4 year minimum mandatory prison sentence.

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DUI With Serious Bodily Injury

When a DUI crash causes serious bodily injury, Florida charges it as a third degree felony.

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Underage DUI

Florida applies a 0.02 limit to drivers under 21, a zero tolerance rule well below the 0.08 adult limit.

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Commercial DUI (CDL)

Florida applies a 0.04 limit to commercial drivers, and a DUI conviction in any vehicle can disqualify a commercial driver's license.

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DUI With Drugs

Florida DUI is not limited to alcohol.

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Boating Under the Influence (BUI)

Boating under the influence is charged under F.S.

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Breathalyzer Refusal

Refusing a breath test after a DUI arrest in Florida brings its own penalties under implied consent, separate from the DUI charge.

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Field Sobriety Test Defense

Field sobriety exercises are the HGN eye test, the walk and turn, and the one leg stand.

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Blood Test Defense

Blood tests are used in some Florida DUI cases, often when a breath test is not possible or drugs are suspected.

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DUI License Suspension

A Florida DUI arrest can affect your license twice: once through an administrative suspension by DHSMV, and again through a court ordered revocation if there is a conviction.

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License Reinstatement

Getting a license back after a Florida DUI depends on the type of suspension or revocation, the driver's record, and steps such as DUI school and FR-44 insurance.

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DMV Formal Review Hearing

Florida gives drivers 10 days from a DUI arrest to request a formal review hearing on the administrative license suspension.

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Ignition Interlock Device

An ignition interlock device is a breath testing unit connected to a vehicle's ignition.

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FAQ
A Florida DUI is prosecuted in the county where the arrest happened, not where the driver lives, and a Florida suspension can be reported to the driver's home state. Because a lawyer can appear at many misdemeanor pretrial hearings, not every court date requires a trip back.
Florida's implied consent license suspension applies to the breath test after a lawful DUI arrest, not to the roadside exercises. Field sobriety exercises, such as the eye test, the walk and turn and the one leg stand, are meant to be given and scored under national NHTSA standards, and video from the stop can show how they were given.
By driving in Florida, a driver is deemed to have agreed to a lawful breath test after a DUI arrest. A first refusal leads to a one year administrative suspension. A second refusal leads to an 18 month suspension and a first degree misdemeanor charge, and a refusal can be used as evidence at trial.
The standardized field sobriety exercises are the horizontal gaze nystagmus eye test, the walk and turn and the one leg stand. They are meant to be given and scored under national NHTSA standards. Video from the stop and the officer's report can be compared with those standards to see how the exercises were actually given.
Florida law calls the offense DUI under F.S. 316.193. There is no separate DWI statute in Florida. DWI is an older term, or one used by other states, but every Florida impaired driving prosecution is filed as a DUI.
A case can end by dismissal, plea or trial, and which one happens depends on the evidence. If evidence was obtained unlawfully, for example after a stop without reasonable suspicion, a motion to suppress asks the court to exclude it. No outcome can be predicted at the start, but the evidence can be reviewed for problems like these.
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