Work with a Former Judge & Veteran Prosecutor to Protect Your Rights
Driving under the influence (DUI) is a serious charge in Florida—one that can change the course of your life in an instant. Whether it is your first arrest or you are facing repeat felony DUI charges, having the right legal representation is essential to protect your freedom, license, and future. At Doran Foxman Sims Wolfe & Yoon, our criminal defense practice is led by Attorney Matthew Foxman, a former Circuit Judge and prosecutor with decades of experience in Florida’s criminal justice system.
Attorney Foxman understands every angle of DUI prosecution and defense. He brings his experience from both sides of the courtroom to craft strategic, aggressive defense tactics tailored to your case. If you have been charged with DUI in Volusia or Flagler County, contact our Daytona Beach criminal defense attorney for a free consultation—available 24/7.
Is a DUI a Criminal Offense in Florida?
Yes, a DUI is a criminal offense in Florida. It may be charged as a misdemeanor or felony depending on the circumstances, such as prior convictions, injuries, or fatalities. Even a first-time DUI offense can result in jail time, license suspension, fines, and a permanent criminal record.
That is why having a DUI criminal defense attorney who can fight back against the prosecution and minimize or eliminate the consequences is crucial.
Understanding Florida DUI Laws
Florida Statute § 316.193 defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or being under the influence of alcohol or drugs to the extent that normal faculties are impaired.
FL Blood Alcohol Limits:
- Standard Drivers: 0.08%
- Commercial Drivers: 0.04%
- Under 21: 0.02%
In addition to alcohol, Florida DUI laws apply to prescription drugs, marijuana, and illegal substances that impair your ability to drive.
Florida DUI Penalties
Florida DUI penalties vary based on whether it is your first offense or a repeat offense and whether there are aggravating factors such as a high BAC, minors in the vehicle, or injuries.
First DUI Offense:
- Up to 6 months in jail
- Fine between $500–$1,000
- License suspension for 6–12 months
- Community service and DUI school
- Possible installation of an ignition interlock device (IID)
Second DUI Offense: (within 5 years of a prior conviction)
- Mandatory 10 days in jail and up to 9 months in jail
- Fine between $1,000–$2,000
- Minimum 5-year license suspension
- IID mandatory
- Longer DUI school and probation
Third DUI Offense: (within 10 years of a prior conviction)
- Felony charge
- Up to 5 years in prison
- $2,000–$5,000 in fines
- Minimum 10-year license revocation
- IID mandatory
DUI With Serious Injury:
- Felony of the third or second-degree
- Up to 5 years in prison
- $5,000 in fines
- Lifetime license revocation possible
DUI and Jail Time in Florida
Depending on the arrest details, even first-time offenders can face jail time. Judges may impose harsher penalties based on the level of impairment, prior history, or the presence of minors. Our firm works aggressively to reduce or eliminate jail time, especially for nonviolent first-time offenders.
Hardship License in Florida (FL Hardship License)
If your license is suspended due to an arrest for DUI, you may qualify for an FL hardship license, allowing you to drive to work, school, or medical appointments. Attorney Foxman can guide you through the application process and represent you in the DMV hearing to increase your chances of success.
Common DUI Defenses
Every DUI case is unique, and our team evaluates all aspects to identify weaknesses in the prosecution’s case. Some common DUI defenses include:
- Unlawful traffic stop (no probable cause)
- Faulty breathalyzer or blood test results
- Improper administration of field sobriety tests
- Violation of Miranda rights
- Medical conditions mimicking intoxication
- Chain of custody issues with evidence
If you believe you were arrested unfairly, speak to an attorney for wrongful arrest immediately.
Felony and Misdemeanor Traffic Offenses
A DUI can be part of a larger pattern of traffic-related criminal charges. Our firm handles both felony and misdemeanor traffic offenses, including, but not limited to:
- Driving while license suspended (DWLS)
- Reckless driving
- Leaving the scene of an accident
- Vehicular manslaughter
Do not underestimate the seriousness of a traffic offense. These charges can lead to jail time, job loss, and increased insurance premiums. Let our Daytona Beach criminal defense attorney defend your record.
Why Choose Matthew Foxman as Your DUI Attorney?
Attorney Matthew Foxman brings an unmatched level of insight and experience to every case. As a former Circuit Judge and former homicide prosecutor, he has seen DUI cases from every possible angle—on the bench, behind the prosecution’s desk, and now, in defense of clients just like you.
- Over 20 years of legal experience
- Tried some of Florida’s most high-profile criminal cases
- Dedicated to 24/7 availability
- Focused on criminal law
- Serves Volusia and Flagler Counties
Get a Criminal Lawyer Consultation Today
A DUI is a criminal offense and it is one that can follow you for life. Whether you are facing your first DUI charge or repeat charges, our team is ready to stand by your side. At Doran Foxman Sims Wolfe & Yoon, we understand that law-abiding people can find themselves in difficult situations. Our criminal defense attorney in Florida is here to help you navigate the legal system and confidently move forward.
Do not face your DUI charge alone. Contact our drunk driving defense lawyer today for a confidential, no-obligation criminal lawyer consultation.
Serving Daytona Beach, Volusia & Flagler Counties
Attorney Matthew Foxman represents clients in:
- Daytona Beach
- Ormond Beach
- Port Orange
- Palm Coast
- DeLand
- Bunnell
- New Smyrna Beach and surrounding areas
Call Now for Immediate Help in Volusia or Flagler Counties
Contact Doran Foxman Sims Wolfe & Yoon at (386) 253-1111 or complete our online form to speak with a knowledgeable DUI attorney. When your freedom, future, and reputation are on the line, trust a proven advocate like Attorney Matthew Foxman to fight with the skill, insight, and dedication your case demands.