DUI

Gainesville DUI Attorney

Contact Our Gainesville DUI Attorney for a Free Consultation

Florida prosecutors do not take drunk driving, driving under the influence (DUI) of drugs or alcohol, or driving while intoxicated (DWI) cases lightly. In fact, even first-time offenders with no criminal history or prior arrests can be subject to harsh criminal penalties and civic consequences, which can range from mandatory jail time to a suspended driver’s license.

Why Choose Our Gainesville DUI Lawyer?

Proven Results: We do not just settle for easy plea bargains. We have a proven record of victories, ranging from sentencing alternatives to dismissals. In fact, we were able to secure an acquittal for a client facing a 4^th DUI charge!
Thorough Investigation: We challenge breathalyzer results or police reports, research applicable law, prepare you for any cross-examination, and secure any witnesses that can help strengthen your claim. We leave no stone unturned.
Non-Judgmental Advocacy: It is not our job to judge you. It is our job to help you move forward with your life. We work hard to meet your needs and offer completely compassionate counsel when you really need it most.

DUI Arrest? Protect Your License Now! Without immediate action after a DUI arrest, you could be facing immediate license suspension. Call our Gainesville DUI attorney at (352) 356-4999 today and request a consultation to get started on your defense strategy.

What is Florida’s Zero Tolerance Law?

Under Florida's zero tolerance law, any driver under the age of 21 could have their license suspended for 6-months if they are stopped by law enforcement and their blood alcohol concentration (BAC) is .02 or higher.

First Offense DUI Penalties in Florida

The penalties for DUI in Florida are serious. If you are 21 or over, the penalties for your first DUI could include:

Fines: $250-$500
Community Service: 50 Hours
Probation: Maximum of 1 Year
Imprisonment: Maximum of 6 Months
License Revocation: 180-Day Minimum
DUI School: 12 Hours

Any arrests for DUI made after this initial conviction will carry even more serious consequences. It's imperative that you fight for your rights and work with a skilled Gainesville DUI attorney towards the best possible outcome.

Second Offense DUI Penalties in Florida

If you are over 21, the penalties for your second offense include:

Fines: $1,000-$2,000
Community Service: 50 hours
Imprisonment: Maximum of 9 months
Vehicle Impoundment
Mandatory Drug or Alcohol Counseling
License Revocation: Up to 2 years

Third Offense DUI Penalties in Florida

If you are over 21, the penalties for your second offense include:

Fines: Up to $5,000
Community Service: 50 hours
Imprisonment: Up to 5 years
Vehicle Impoundment
Mandatory Drug or Alcohol Counseling
License Revocation: Up to 3 years
Ignition Interlock Device Installed

The differences between the first, second and third DUI offenses are primarily the length of the sentences as well as the amount of the fines given. Additional penalties may be imposed for consecutive offenses.

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What Sets Us Apart From The Rest?

Barbarette & Quirk is here to help you get the results you need with a team you can trust.

Available to help you around-the-clock
All cases handled with care and respect
Respected by judges and prosecutors alike
Determine your goals then meet your needs
Prompt and accurate case assessments
Collaborative team devoted to your success

Is DUI a Felony in Florida?

A DUI (Driving Under the Influence) can be classified as a felony in Florida under the following circumstances:

Third DUI within ten years: If a driver is charged with a third DUI within ten years, they can be charged with a third-degree felony, which carries a minimum prison sentence of 30 days and a maximum of five years.
Fourth DUI: If a driver is charged with a fourth DUI offense, regardless of when the prior offenses occurred, they can be charged with a third-degree felony.
DUI with serious bodily injury: If a driver causes serious bodily injury to another person while driving under the influence, they can be charged with a third-degree felony. This charge can carry a prison sentence of up to five years.
DUI manslaughter: If a driver causes the death of another person while driving under the influence, they can be charged with DUI manslaughter, a second-degree felony. This charge can carry a prison sentence of up to 15 years.
DUI with prior felony conviction: If a driver has a previous felony conviction and is charged with a DUI, the offense can be enhanced to a third-degree felony.

If you're facing a DUI charge in Florida, it's crucial to consult with an experienced DUI defense attorney who can help protect your rights and defend your case.

What Determines You DUI Penalties?

The severity of your potential sentence can vary based on a number of factors such as the number of prior DUI convictions, the level of your BAC, whether there was property damage or bodily harm caused, and if there is a presence of a minor.

Ignition Interlock Device (IID)

If you have been charged with a DUI, you may be required to install an ignition interlock device (IID) into your vehicle. This mechanism requires that there is no trace of alcohol on your breath before starting your vehicle to drive. Depending on how many convictions you have already had for DUI, you may be required to keep the IID installed for various periods of time.

If you have been charged with DUI for the first time and your blood alcohol concentration (BAC) percentage is above 0.15, you will have to install the IID for a minimum of 6 months. If you have been charged with DUI for the second time, you will be required to have it installed for a year and if it is your third offense or more, you will need to use the IID for 2 or more years.

Implied Consent Laws in Florida

Florida’s implied consent law states that, by simply driving a vehicle in the state of Florida, you consent to chemical or physical testing for DUI, such as:

Breath Test
Blood Test
Urine Test

Because of this “implied consent,” refusing to submit chemical or physical testing when requested by a police officer may be submitted as evidence in court if you are arrested for and charged with driving under the influence.

Speak with a DUI Attorney in Gainesville, FL Today!

No matter how complex you think your case may seem, our Gainesville criminal defense lawyers are prepared to fight for your rights. We can develop a defense strategy that can help reduce your charges, or in some cases, eliminate the charges against you completely. It is our primary goal to help you walk away from a courtroom with a clean slate and a bright future ahead.

Florida DUI Laws 101

“What Kind of Penalties Do I Face?”

DUI penalties in Florida are incredibly harsh, and this is true for first-time offenders as well as multiple offenders. DUI cases are different than other criminal charges because they will often involve two different types of court: the criminal court and the administrative court (regarding license suspension with Florida’s Department of Highway Safety and Motor Vehicles).

Penalties can include the following:

Jail time
Extensive fines and fees
Vehicle impound
License suspension
Community service or probation
Ignition Interlock Device (IID) Installation
Court-Approved DUI school
Alcohol treatment programs

“Do I Have Defense Options?”

First offenders and others often plead guilty to drunk driving charges. They think that the evidence against them is too strong and they do not have any choice. You do have a choice. You have the right to fight the charges against you and our Gainesville DUI lawyers can help. Remember: there are almost always options in DUI cases.

We will review your case from top to bottom, asking important questions:

Was the traffic stop legal? If not, you may have a defense.
Were field sobriety tests conducted correctly? If not, we can challenge the charge against you.
Was the breath test properly administered? If not, we can file a motion to suppress evidence.

We are often able to find flaws in these cases that may lead to evidence being thrown out or the charges being dismissed. Our attorneys have achieved an impressive record of success taking DUI cases to trial and local judges, prosecutors, and officers respect our position as criminal defense lawyers. Even if the evidence against you is strong, we may be able to find an opportunity to minimize your penalties or better your situation. For example, we may be able to help you obtain a hardship license in Florida if you are eligible.

Request Consultation with Our DUI Attorney in Gainesville

At Barbarette & Quirk, our Gainesville DUI attorneys have more than 40 years of combined experience in the field of criminal defense. We will review your situation and design a DUI defense strategy to reduce your penalties or win your case completely.

Learn about how we can help you defend against DUI charges. Call our DUI attorney in Gainesville, FL at (352) 356-4999 today.

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