DUI Defense Attorneys in Florida
Protecting Your Rights & Fighting for Your Future
Being arrested for Driving Under the Influence (DUI) in Florida is a serious matter that can lead to severe penalties, including fines, license suspension, and even jail time. Florida law is strict on DUI offenses, applying not only to alcohol but also to prescription medications, illegal drugs, and chemical substances.
At McGuire Megna Attorneys, we understand the life-changing consequences of a DUI charge. Our experienced DUI defense lawyers provide aggressive legal representation to fight for reduced charges, case dismissals, or alternative sentencing. If you are facing a DUI, you need a dedicated legal team to protect your rights and your future.
CONTACT US NOW
REQUEST A RISK-FREE CONSULTATION TODAY.
Understanding DUI Charges in Florida
Under Florida Statute 316.193, a person can be charged with DUI if they:
✔ Operate or are in actual physical control of a vehicle
✔ Are under the influence of alcohol, drugs, or chemical substances
✔ Have a blood alcohol concentration (BAC) of .08% or higher
Where Can a DUI Offense Occur?
A DUI can be charged even if you are not driving—simply being in the driver’s seat with the keys nearby can count as “actual physical control” of a vehicle. DUI laws apply to cars, motorcycles, scooters, bicycles, and other modes of transportation, even on private property.
What Is Implied Consent?
Florida’s Implied Consent Law means that by obtaining a driver’s license, you automatically agree to submit to a breath, blood, or urine test if lawfully requested by an officer. Refusing a test can result in:
✔ Automatic one-year license suspension (first refusal)
✔ 18-month suspension & misdemeanor charge (second refusal)
Penalties for a DUI Conviction in Florida
The consequences of a DUI conviction vary based on prior offenses, BAC level, and aggravating factors such as accidents or injuries.
First DUI Offense
✔ Up to 6 months in jail
✔ License suspension (6-12 months)
✔ Fines up to $1,000
✔ Mandatory DUI school & community service
Second DUI Offense
✔ Up to 9 months in jail
✔ 5-year license suspension (if within 5 years of first offense)
✔ Fines up to $2,000
✔ Ignition interlock device (IID) required
Third DUI Offense (Within 10 Years)
✔ Felony charge
✔ Mandatory minimum 30 days in jail (up to 5 years in prison)
✔ License revocation for 10 years
✔ Fines up to $5,000
DUI with Aggravating Factors
✔ DUI with Injury – Felony charges & victim restitution
✔ DUI Manslaughter – Mandatory 4-year prison sentence
A DUI conviction can also result in higher insurance rates, loss of employment, and difficulty obtaining professional licenses.
How DUI Cases Are Proven in Florida
DUI charges typically rely on:
✔ Field Sobriety Tests (FSTs): Officers assess balance, coordination, and cognitive function.
✔ Breathalyzer & Blood Tests: BAC results determine intoxication levels.
✔ Police Observations: Slurred speech, bloodshot eyes, and erratic driving can be used as evidence.
✔ Circumstantial Evidence: If direct evidence is unavailable, prosecutors may rely on witness statements, accident reports, and expert testimony.
However, police mistakes, faulty breathalyzers, and improper testing procedures can lead to unreliable evidence, which our legal team can challenge.
Defenses Against DUI Charges
At McGuire Megna Attorneys, we use proven defense strategies to fight DUI charges, including:
✔ Lack of Probable Cause: If the traffic stop was unlawful, evidence may be suppressed.
✔ Inaccurate BAC Results: Breathalyzer machines are prone to errors and improper calibration.
✔ Improper Field Sobriety Tests: Medical conditions, poor lighting, or uneven surfaces can affect test results.
✔ Violation of Miranda Rights: If you were not properly read your rights, statements may be inadmissible in court.
✔ Challenging “Actual Physical Control”: If you weren’t driving or operating the vehicle, the charges may be dismissed.
Every DUI case is unique. Our attorneys thoroughly analyze police reports, witness statements, and breath test records to build the strongest defense.
Can a DUI Be Expunged or Sealed in Florida?
Many people wonder if a DUI conviction can be removed from their record. Under Florida law, a DUI cannot be expunged or sealed if you are convicted. However, if your case is dismissed, reduced, or resolved through diversion programs, you may be eligible for expungement.
Expungement can:
✔ Erase arrest records from background checks
✔ Prevent employers from seeing DUI charges
✔ Restore certain rights and privileges
If you want to explore record sealing or expungement, our attorneys can guide you through the process.
Fight Your DUI Charges with McGuire Megna Attorneys
A DUI conviction can impact your life for years—but you don’t have to face it alone. At McGuire Megna Attorneys, we aggressively fight DUI charges to protect your rights, license, and freedom.
Why Choose McGuire Megna Attorneys to Fight Your DUI Case?
✔ Extensive Experience in DUI Defense – We have successfully handled hundreds of DUI cases across Florida, from first-time offenses to felony DUI charges. Our deep knowledge of Florida’s DUI laws allows us to find weaknesses in the prosecution’s case and develop a strong defense strategy.
✔ Aggressive Legal Representation – The prosecution will work hard to convict you, but we work harder to challenge evidence, suppress unlawfully obtained statements, and negotiate for reduced charges or case dismissals. We don’t just accept plea deals—we fight to get you the best possible outcome.
✔ Personalized Attention & Strategy – No two DUI cases are alike. We take the time to understand your situation, examine all evidence, and craft a custom defense tailored to your case. Whether it’s challenging a breathalyzer test, questioning field sobriety procedures, or negotiating alternative sentencing, we will explore every available option.
✔ Strong Courtroom Advocacy – If your case goes to trial, you need a skilled and confident DUI trial attorney on your side. Our attorneys are highly experienced litigators, ready to present a compelling case before a judge or jury.
✔ 24/7 Availability & Support – DUI arrests don’t happen on a schedule, and neither does our commitment to you. We are available 24/7 to provide legal guidance, answer your questions, and ensure you have the support you need throughout your case.
✔ Protecting Your Future – A DUI conviction can limit job opportunities, impact professional licenses, and raise insurance rates. We fight to minimize the consequences and help you move forward with your life.
Don’t wait—time is critical in a DUI case. The sooner you call us, the better chance we have to fight your charges and protect your future.
GET YOUR RISK FREE CONSULTATION NOW
DON'T WAIT. GET THE JUSTICE YOU DESERVE. CONTACT US TODAY.
Personal Service, Prompt Attention, Experience and Expertise.
John McGuire’s commitment is to provide you with the prompt, personal attention you deserve at every stage of representation. We take the time to listen to your concerns and provide you with the advice you need to proceed in the right direction, and we keep you informed as your case develops.
Want to sound smart with your friends?
If we don’t win, you don’t pay a penny. When tragedy strikes, our Personal Injury Law Firm is here to help you. Get a risk-free consultation today.
Frequently Asked Questions
Being charged with Driving Under the Influence (DUI) can be overwhelming, and many people have questions about their rights, penalties, and legal options. A DUI conviction in Florida can lead to fines, license suspension, increased insurance rates, and even jail time, making it crucial to understand the legal process. Whether it’s your first offense or a repeat DUI charge, knowing how to navigate the system can significantly impact your case. Below, we answer some of the most common DUI-related questions, covering penalties, defenses, license reinstatement, and more. If you or a loved one has been charged with DUI, contact McGuire Megna Attorneys today for a free consultation to discuss your legal options and start building your defense.
Yes. If you had the keys nearby and were in the driver’s seat, you could be considered in “actual physical control” of the vehicle.
Refusing the test can lead to automatic license suspension, but in some cases, it may be better than providing incriminating evidence.
Yes! Breathalyzer results can be challenged due to improper calibration, medical conditions, or officer errors.
Possibly. Many employers conduct background checks, and a DUI conviction may impact professional licenses, security clearances, and insurance rates.
You may qualify for a hardship license, but you must act quickly to request a formal review hearing within 10 days.
In some cases, first-time offenders may qualify for a DUI diversion program, allowing them to avoid a conviction by completing certain requirements.
Forever. DUI convictions in Florida cannot be expunged or sealed.
Lower BAC Limit: For CDL holders, the legal BAC limit is 0.04%, and a DUI can lead to license revocation and job loss.
Sometimes. Skilled attorneys can negotiate plea deals, reducing a DUI to reckless driving, which has less severe consequences.
Yes! Even a first-time DUI carries serious penalties, and an experienced lawyer can help you fight the charges or negotiate a reduced sentence.