Is a first DUI a felony in Florida? In most cases, no. Authorities typically charge a first-time DUI offense as a misdemeanor under Florida Statute § 316.193. However, specific circumstances may elevate even a first offense to felony status. The distinction between misdemeanor and felony DUI charges affects everything from potential jail time to long-term […]
After a DUI arrest, you have 10 calendar days from the date you receive the notice of suspension or temporary permit (usually the arrest date) to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Missing this deadline waives your right to challenge the administrative suspension of your […]
In Florida, a breath alcohol concentration (BAC) of 0.08 or higher is considered per se evidence of impairment under Florida Statute § 316.193. This means the prosecution uses that number alone to argue for a conviction. But this is not an automatic conviction. That number is a piece of scientific evidence, and it is only […]
In Florida, you have exactly 10 calendar days from the date of your DUI arrest to challenge the administrative suspension of your driver’s license. Missing this window results in an automatic suspension by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), regardless of the eventual outcome of your criminal case. A DUI arrest […]
A DUI arrest in Florida is not a single legal event. Instead, it instantly triggers two separate and simultaneous legal proceedings. 1. Criminal Case: handled in county court by the State Attorney’s Office, which seeks punishment like DUI fines or jail time. 2. Administrative Case: managed by the Florida Department of Highway Safety and Motor […]
If you have just been released after a DUI arrest in Tampa, you are facing two simultaneous legal battles: a criminal case in Hillsborough County court and an administrative case with the Florida DHSMV regarding your license. The most pressing deadline is the 10-day rule; failing to act within 10 days of your arrest results […]
By Barry Taracks, Taracks & Associates If you’re stopped for a suspected DUI in Florida and you’re asked to submit to a chemical or breath test, you used to have the option to refuse and just face an administrative driver’s license suspension. That has changed. The new law under Florida Statute 316.1932 makes a first-time […]
Under Florida’s Trenton’s Law, a first-time DUI test refusal can now lead to a criminal charge. This significant change, effective October 1, 2025, transforms what was previously a civil penalty into a criminal offense with lasting consequences. Legal insights from a Tampa DUI defense lawyer at Taracks & Associates can help clarify your rights and […]
If you get behind the wheel and drive in Florida, you have made an agreement with the state, whether you know it or not. This agreement is called an Implied Consent Law, and it requires that any person operating a motor vehicle in the state automatically consents to chemical testing (breath, blood, or urine) if […]
Understanding DUI Blood Test Evidence in Florida In Florida, operating a vehicle beyond the legal minimum blood alcohol content (BAC) of 0.08% constitutes a DUI. BAC is often determined by a series of tests such as breath, blood, urine, and breathalyzer tests. Blood tests are generally viewed as the most accurate of the tests. So, […]