How much does Florida DUI defense cost?

Unilegal DUI defense is custom-quoted within 24 business hours of upload — typically $499–$1,499 depending on charge severity (1st vs 2nd within 5 years), BAC tier (standard vs ≥0.15), prior history, and county. Total financial exposure including FR-44 insurance, DUI school, BAIID, and secondary expenses runs $8,063–$25,169 for a first offense per published Florida cost analyses.

What is the 10-day rule after a Florida DUI arrest?

Under Fla. Stat. §322.2615, a driver arrested for DUI in Florida has only 10 days from the date of arrest to request a Formal Review Hearing with FLHSMV's Bureau of Administrative Reviews to contest the automatic administrative license suspension. Missing the 10-day window means the suspension takes effect by default — 6 months for first-time BAC 0.08+, 12 months for first refusal, 18 months for refusal with a prior refusal.

Is refusing the breath test in Florida a crime?

As of October 1, 2025, yes — for repeat refusers. Trenton's Law (§316.1939) makes a second breath, blood, or urine test refusal a 1st-degree criminal misdemeanor, separate from the administrative license suspension. The first refusal still triggers a 12-month administrative suspension under §322.2615 but is not itself a criminal charge unless the driver has a prior refusal on record.

What is FR-44 insurance in Florida?

FR-44 is Florida's heightened financial-responsibility filing required after a DUI conviction (Fla. Stat. §324.023). Unlike SR-22 (10/20/10 limits), FR-44 requires bodily-injury liability of $100,000/$300,000 and $50,000 property-damage liability — 10× the SR-22 minimum. The carrier files Form FR-44 directly with FLHSMV. Duration: 3 years from license reinstatement. Florida and Virginia are the only states using FR-44.

When is BAIID (ignition interlock) required in Florida?

A Florida court will order BAIID installation under §316.193(4) when: (a) first DUI with BAC ≥0.15, (b) first DUI with a minor passenger, (c) any 2nd or higher DUI. Installation costs $100–$200; monthly monitoring $70–$80. Minimum installation periods: 6 months (1st high-BAC), 1 year (2nd), 2 years (3rd), 5 years (4th+).

Can a Florida DUI be sealed or expunged?

No — Florida statute §948.06 explicitly excludes DUI convictions from sealing and expungement. A DUI conviction stays on your Florida driving record for 75 years (effectively life) and on your criminal record permanently. This is one of the strongest reasons to fight rather than plead.

How long does a Florida DUI case take to resolve?

Administrative side: 10 days to request the Formal Review Hearing, then 30 days for the hearing itself. Criminal side: typically 4–12 months depending on county and whether the case proceeds to trial or plea. Both tracks run in parallel; winning one doesn't automatically win the other. Hardship license eligibility can come faster if the administrative challenge succeeds.

Florida traffic defense · Fla. Stat. §316.193

Florida DUI Defense

TL;DR

A Florida DUI triggers TWO parallel proceedings: criminal under §316.193 (jail, fines, mandatory license revocation) and administrative under §322.2615 (automatic suspension with a 10-day window to request a Formal Review Hearing). Total realistic financial outlay: $8,063–$25,169 for a first offense. Unilegal defends both tracks with a custom-quoted attorney engagement starting at $499. (2026)

Fla. Stat. §316.193 — the statute

“A person is guilty of the offense of driving under the influence... if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more...”
— Fla. Stat. §316.193

Penalties and points

Tier	Fine / classification	Points
1st (BAC 0.08+, standard)	$500–$1,000	Up to 6 months jail
1st (BAC ≥0.15 or minor in car)	$1,000–$2,000	Up to 9 months jail
2nd within 5 years	$1,000–$2,000	10 days–9 months jail
3rd within 10 years	$2,000–$5,000	Up to 5 years prison
4th+	$2,000 minimum	Up to 5 years prison
DUI manslaughter	Up to $10,000	4 yrs min mandatory / up to 15 yrs

Insurance impact: First-offense DUI premium increase typically +53% to +58% (~$1,567–$2,042/year per Bankrate / Insurance.com FL data). Second offense within 5 years pushes to ~+135% (~$6,345/year average). FR-44 filing required for 3 years from reinstatement — 100/300/50 limits, 10× the SR-22 minimum.

Common defenses

Every dui defense case has its own facts. These are the defense strategies our attorneys most commonly raise — none of them are guaranteed to win, but each is worth examining before you decide to pay.

Challenge the traffic stop (4th Amendment)

DUI cases start at a vehicle stop. If the officer lacked reasonable suspicion for the stop — or probable cause for the arrest — evidence obtained downstream (field sobriety tests, breath samples) may be suppressed. State v. Repple (Fla. 6th DCA 2024) is the recent territorial-jurisdiction precedent we cite.

Implied-consent / refusal under Trenton's Law (§316.1939)

Florida's implied-consent law requires officers to read specific warnings before requesting a breath, blood, or urine test. As of October 1, 2025, a SECOND refusal is itself a 1st-degree criminal misdemeanor (Trenton's Law). We review the refusal recording and the officer's warning script for compliance.

Field sobriety test reliability

Standardized field sobriety tests (HGN, walk-and-turn, one-leg stand) are NHTSA-validated only under specific conditions: lighting, surface, weather, prior injury or condition. Daubert challenges to FST evidence are real defense leverage when conditions weren't met.

Breath / blood test challenges (Intoxilyzer 8000)

Florida uses the Intoxilyzer 8000. Calibration logs, operator certification, source-code questions, mouth alcohol effects, and the 20-minute observation period are all attackable points. Independent re-testing of blood samples is sometimes available depending on county.

Velazco double-jeopardy bar

Velazco v. State, 342 So. 3d 614 (Fla. 2022) bars dual DUI-injury convictions for a single victim. In multi-victim or DUI-manslaughter cases, this controls charge stacking and is foundational for plea negotiations.

Administrative 10-day hearing strategy

Within 10 days of arrest, we file a Formal Review Hearing request with FLHSMV's Bureau of Administrative Reviews. The hearing is a separate civil proceeding — winning the administrative challenge can save 6–18 months of license suspension independently of the criminal outcome.

Florida fact sheet

Statutory BAC threshold: 0.08 (standard) / 0.15 (high-BAC enhancement)
10-day rule: Formal Review Hearing must be requested within 10 days of arrest (§322.2615)
FR-44 requirement: 100/300/50 limits for 3 years from reinstatement (§324.023)
BAIID trigger: 1st BAC ≥0.15, 1st with minor, 2nd+ DUI
MVR retention: Florida DOC retains DUI conviction 75 years — effectively lifetime
Trenton's Law (§316.1939): 2nd refusal = 1st-degree criminal misdemeanor (eff. 2025-10-01)

Your three options

Option 1

Pay the fine

DUI cannot be 'paid' like a civil ticket. A no-contest plea ends in conviction with full statutory penalties. Florida DUI convictions cannot be sealed or expunged under §948.06.

Option 2

Contest with Unilegal

Two parallel tracks: criminal (jury trial or plea negotiation) and administrative (Formal Review Hearing within 10 days). Custom-quoted attorney engagement starting at $499 covers both tracks plus FR-44 / BAIID / hardship-license guidance.

Custom quote — criminal traffic

DUI defense — custom quote $499–$1,499

DUI custom quote ($499–$1,499) — depends on charge severity, BAC tier, and prior history.

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Sources & citations

[1]Fla. Stat. §316.193 — Driving under the influence (DUI); full text including BAC thresholds and penalty tiers. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html · accessed 2026-05-31 ↩
[2]Fla. Stat. §322.2615 — Suspension of license; 10-day Formal Review Hearing window. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.2615.html · accessed 2026-05-31 ↩
[3]Fla. Stat. §316.1939 — Refusal to submit to testing (Trenton's Law, effective 2025-10-01). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1939.html · accessed 2026-05-31 ↩
[4]Fla. Stat. §324.023 — FR-44 financial responsibility filing for DUI. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/Sections/0324.023.html · accessed 2026-05-31 ↩
[5]Velazco v. State, 342 So. 3d 614 (Fla. 2022) — double-jeopardy bar on dual DUI-injury convictions for one victim. https://www.floridasupremecourt.org/ · accessed 2026-05-31 ↩
[6]Florida Standard Jury Instructions in Criminal Cases §28.1 — DUI elements. https://www.floridabar.org/rules/florida-standard-jury-instructions/florida-standard-jury-instructions-in-criminal-cases/ · accessed 2026-05-31 ↩
[7]FLHSMV — DUI and Administrative Suspensions overview; ignition interlock vendor list. https://www.flhsmv.gov/driver-licenses-id-cards/dui-and-administrative-suspensions/ · accessed 2026-05-31 ↩