DUI Defense Attorneys
Florida DUI cases run on two clocks: the 10-day administrative window to save your driver’s license, and the criminal case that follows. Our DUI defense attorneys handle both halves from arrest through trial, representing clients across Volusia, Flagler, and Central Florida, with a focus on the stop, the field sobriety tests, the breath or blood result, and the formal-review hearing that controls your license.
Florida DUI defense
You have ten days to save your driver’s license after a Florida DUI arrest.
The license clock starts at arrest, not at conviction. Miss the window and the suspension is automatic.
A Florida DUI arrest sets two cases in motion at once. The criminal case (which gets the attention) is heard by the State Attorney and ends in a plea or a trial. The administrative case (which most people miss) is heard by the Department of Highway Safety and Motor Vehicles and decides whether you keep driving in the meantime. The DHSMV window is ten days from arrest, and our DUI defense attorneys file the formal-review request on day one. Call us at (386) 232-9418 24 hours a day to start both clocks the right way.
The 10-day clock starts at the moment of arrest
When an officer arrests you for DUI in Florida, your physical license is taken and replaced by a 10-day driving permit. Under Fla. Stat. § 322.2615, you have those ten days (not ten business days, ten calendar days) to request a formal review hearing at DHSMV. Miss the window, and the suspension is automatic: six months for a first offense with a breath result at or above 0.08, one year for a refusal. Request the hearing in time, and you stay on the road on a 42-day business-purpose permit while the administrative case plays out.
The formal review is its own proceeding with its own rules. It is not the criminal case, and the Public Defender’s Office does not handle it. This is the single most time-sensitive decision in a Florida DUI case, and one we move on immediately when you call.
Three things to know about a Florida DUI arrest
- 1
The 10-day window is the most time-sensitive moment of the case.
Under Fla. Stat. § 322.2615, you have ten calendar days from arrest to request a DHSMV formal review hearing. Miss it and the administrative suspension is automatic: six months for a first DUI with a breath result of 0.08 or higher, one year for a refusal. Request the hearing in time and you keep driving on a 42-day permit while we work the case.
- 2
Refusing the breath test is now its own criminal charge.
As of October 1, 2025, Florida’s “Trenton’s Law” (HB 687) made breath-test refusals significantly harsher. A first refusal under Florida’s implied-consent law (Fla. Stat. § 316.1932) now triggers both a one-year administrative license suspension and a separate second-degree misdemeanor charge (up to 60 days in jail and a $500 fine) under § 316.1939. A second refusal is a first-degree misdemeanor on top of an 18-month administrative suspension. The refusal decision now shapes the case on both the criminal and administrative sides; treating it casually is a costly mistake.
- 3
The Public Defender does not represent you at DHSMV.
The Public Defender’s Office is appointed for the criminal side of a DUI case, but the administrative license hearing is a separate proceeding that the PD does not handle. If you are relying on appointed counsel and do nothing on the administrative side, the license suspension goes through by default. Private DUI counsel covers both halves.
DUI arrest in Volusia or Flagler County?
Volusia and Flagler DUI cases run through the Seventh Judicial Circuit, where local judges and prosecutors have well-formed patterns on plea offers, diversion eligibility, and how aggressively breath-test challenges are litigated. Our DUI defense attorneys handle these cases from offices in Daytona Beach, Port Orange, and DeLand, and we are available 24 hours a day.
Florida DUI law changes more than people realize. So does the defense playbook.
Florida’s DUI statutes, implied-consent rules, and intoxilyzer protocols have all evolved meaningfully in recent years. “Trenton’s Law” (HB 687) reshaped penalties starting October 1, 2025, including the new criminal exposure for first-time breath-test refusals. Case law on warrantless blood draws has continued to develop. The body of admissibility rulings on the Intoxilyzer 8000 grows every year. A defense built on an older version of the law, or on assumptions about how Volusia and Flagler are charging today, can leave real arguments on the table. The right defense strategy starts with knowing what the current law says, and how local prosecutors are using it this month.