DUI Lawyer In Stuart, Florida
Arrested For DUI In Martin County?
A DUI arrest in Martin County puts two things at risk at once: your driver’s license and your record. The clock on your license starts the day you are arrested. Attorney Lance P. Richard has defended people on the Treasure Coast for over 30 years, and he can step in right away to protect both.
Call (772) 223-9600 for a free, confidential consultation.
You Have 10 Days to Save Your License
When you are arrested for DUI in Florida, the officer usually takes your license and gives you a 10-day temporary driving permit. That starts an administrative suspension that is separate from your criminal case.
You have only 10 days from the arrest to request a review hearing with the Florida Department of Highway Safety and Motor Vehicles. If no one requests it, the suspension takes effect automatically:
- 6 months for a first offense with a breath or blood alcohol level of 0.08 or higher
- 1 year for a first refusal to take a breath, blood or urine test
- 18 months if you refused a test before
A review hearing is also an early chance to question the officer and test the evidence. Don’t let the 10 days pass. Call us as soon as you can after an arrest.
What Counts as DUI in Florida
Under Florida law, you can be charged with DUI if you were driving or in actual physical control of a vehicle and either:
- your normal faculties were impaired by alcohol, drugs or a controlled substance, or
- your blood or breath alcohol level was 0.08 or higher.
You can be charged even if you were parked with the engine running, or if no breath test was ever taken.
Florida DUI Penalties
Florida’s penalties rise with each prior conviction and with a high test result. These are the ranges set by statute.
| Situation | Fine | Maximum jail | License revocation |
|---|---|---|---|
| First conviction | $500 to $1,000 | 6 months | 180 days to 1 year |
| First conviction, BAC 0.15+ or a minor in the car | $1,000 to $2,000 | 9 months | 180 days to 1 year, plus an ignition interlock for at least 6 months |
| Second conviction within 5 years | $1,000 to $2,000 | 9 months, with at least 10 days mandatory | At least 5 years, plus an ignition interlock for at least 1 year |
| Third conviction within 10 years | Charged as a third-degree felony | Felony sentencing applies | At least 10 years, plus an ignition interlock for at least 2 years |
A first conviction also brings up to 1 year of probation, at least 50 hours of community service and a 10-day vehicle impoundment. A DUI that causes injury, death or property damage carries much heavier penalties.
What Happens After a DUI Arrest in Martin County
- Arrest and release. Most people are booked into the Martin County jail and released on bond or on their own recognizance.
- The 10-day window. Request the license review hearing, or decide whether to apply for a hardship license instead.
- Arraignment. Your first court date at the Martin County Courthouse in Stuart, where you enter a plea.
- Discovery and motions. Your lawyer obtains the police reports, videos and test records and files motions to challenge them.
- Resolution or trial. The case ends in a dismissal, a plea to a reduced charge, or a trial.
How Lance P. Richard Defends DUI Cases
Every DUI arrest follows a set of rules, and each step can be challenged. Lance reviews your case for problems such as:
- The traffic stop: did the officer have a lawful reason to pull you over?
- Field sobriety exercises: were they explained, performed and scored correctly, and do the video and the report match?
- Breath and blood testing: was the machine maintained and the test given according to Florida rules?
- Your rights: were you properly warned about implied consent, and were your statements taken lawfully?
Depending on the facts, this can lead to suppressed evidence, reduced charges, a dismissal or a better outcome at trial. Every case is different, and no lawyer can promise a result.
Frequently Asked Questions About DUI in Florida
Should I refuse a breath test in Florida?
Refusing triggers an automatic 1-year suspension for a first refusal, and the refusal can be used against you in court. Talk to a lawyer about the specific facts of your stop.
Can I still drive after a DUI arrest?
You can drive on your 10-day temporary permit. After that, it depends on whether a review hearing is requested and whether you qualify for a hardship license.
Is a first DUI a misdemeanor in Florida?
In most cases, yes. A first DUI without serious injury or death is usually a misdemeanor, but it still carries jail exposure, fines and a license revocation.
Will a DUI stay on my record?
A DUI conviction in Florida cannot be sealed or expunged. That is why the outcome of your case matters so much.
Do I need a lawyer for a first DUI?
A first DUI can still mean a suspended license, a permanent record and higher insurance. A lawyer can spot problems with the stop or the testing that you might miss.
Talk to a Stuart DUI Lawyer Today
If you or a family member was arrested for DUI in Stuart, Palm City, Jensen Beach, Hobe Sound or anywhere in Martin County, call Lance P. Richard, P.A. at (772) 223-9600. The consultation is free and confidential. You can also learn more about our criminal defense practice.
This page provides general information about Florida law and is not legal advice for any specific case.
