Last updated January 2026
If you’ve been arrested for DUI in Fort Lauderdale, every decision you make next matters — your freedom, your driver’s license, and your record are all on the line.
As a former prosecutor, Attorney Michael White knows exactly how Broward County builds DUI cases — and how to dismantle them before they become convictions.
Serving clients in Fort Lauderdale, Hollywood, Plantation, Pembroke Pines, Pompano Beach, and all of South Florida, we defend:
First-time DUI arrests
Repeat DUI charges
DUI with accident or injury
DUI with serious bodily injury / DUI manslaughter
Commercial driver DUIs
DUI with professional license implications
⚖️ Understanding DUI Charges in Fort Lauderdale
In Florida, DUI is prosecuted under Florida Stat. §316.193, which makes it a crime to:
Drive with a BAC of 0.08% or higher, or
Drive while impaired by alcohol, controlled substances, or prescriptions.
Common Broward DUI Scenarios
First-time DUI (may qualify for diversion in certain counties)
DUI with crash or injury
DUI with property damage
DUI while parked / asleep in car (yes — still prosecutable)
Commercial-driver DUI
Underage DUI
Drug-related DUI
First-time DUI arrests are often the most defensible when handled aggressively from the start. Early motion practice and strategic negotiation can mean the difference between a permanent DUI conviction and a reduced charge or withheld adjudication.
📑 DUI Penalties in Florida (2025 Update)
Florida DUI penalties are set by statewide law, but how those penalties are applied and negotiated depends heavily on Broward County prosecutors and judges. Even a first DUI can carry serious consequences, while repeat or aggravated cases can expose defendants to jail, long-term license suspension, or felony charges.
Understanding the penalty framework helps you assess risk — but outcomes often depend on early defense strategy, not just the statute.
For a first DUI conviction under Florida Statute § 316.193, penalties may include:
💰 Fines: $500–$1,000
⏱️ Jail: Up to 6 months
🚗 License suspension: 6–12 months
📚 Probation: Up to 1 year
🧪 DUI school and substance-abuse evaluation
🔑 Vehicle impoundment: 10 days
In Broward County, most first-time DUIs do not result in jail when handled correctly. Many cases resolve through probation, fines, and treatment — or are reduced to reckless driving when evidence problems are identified early.
⚠️ Aggravated First-Time DUI Penalties
Penalties increase significantly when aggravating factors are alleged, including:
BAC of 0.15 or higher
A minor in the vehicle
A crash involving property damage
In these cases, additional penalties may apply:
⏱️ Up to 9 months jail
💰 Higher fines
🔧 Ignition interlock device
Longer probation and treatment requirements
Aggravated allegations are often challengeable, particularly when breath testing, observation periods, or officer reports are flawed.
⛓️ Will I Go to Jail for a First DUI in Fort Lauderdale?
For most first-time DUI cases in Broward County, significant jail time is uncommon — but it is legally possible depending on the facts.
Judges are more likely to impose jail when aggravating factors are present, including:
A high BAC (0.15 or higher)
A crash or property damage
A minor in the vehicle
Refusal allegations combined with other risk factors
Prior alcohol-related issues
In many first-offense cases, strong early defense leads to outcomes such as probation, treatment, or reduction to reckless driving instead of incarceration. Jail exposure is often avoided by challenging the traffic stop, testing procedures, or negotiating before prosecutors lock in their sentencing position.
Early representation matters — because jail decisions are frequently shaped before the first court appearance.
In Broward County, first-time offenders often have access to options that repeat offenders do not, including reductions to reckless driving, diversion-type resolutions, or outcomes that avoid a permanent DUI conviction when evidence issues are identified early.
🔁 Second DUI Penalties in Fort Lauderdale
Penalties for a second DUI depend on timing:
Second DUI within 5 years:
🚗 5-year license suspension (hardship eligibility after 1 year)
🔧 Mandatory ignition interlock
⏱️ Up to 9 months jail
💰 Fines of $1,000–$2,000
Second DUI outside 5 years:
Shorter suspension
No mandatory interlock (unless aggravated)
Still increased jail and probation exposure
Second-offense cases are often where early motion practice and negotiation make the greatest difference.
🚨 Felony DUI Penalties in Fort Lauderdale
A DUI becomes a felony when:
It is a third DUI within 10 years
It is a fourth DUI at any time
The DUI involves serious bodily injury
The DUI results in death (DUI manslaughter)
Felony DUI penalties may include:
⚖️ State prison (up to 5 years for third-degree felonies)
💰 Fines up to $5,000
🚫 Permanent driver’s license revocation in some cases
📑 Mandatory adjudication of guilt
Felony DUI cases are aggressively prosecuted in Broward County, but they are also highly defensible, particularly where causation, testing, or constitutional violations exist.
🛡️ How DUI Penalties Are Reduced or Avoided
Penalties listed in the statute represent maximum exposure, not inevitable outcomes. In Fort Lauderdale DUI cases, strong defense strategies often result in:
Reduction to reckless driving
Avoidance of jail
Avoidance of ignition interlock
Protection of driving privileges
Preservation of eligibility for record sealing in reduced cases
Outcomes are frequently driven by:
Weak or unlawful traffic stops
Testing errors
Video evidence contradicting police reports
Early negotiation before prosecutors lock in their position
⚖️ Why Penalty Exposure Depends on Early Action
DUI penalties are often shaped before your first court appearance. Prosecutors begin evaluating evidence immediately after arrest, while video footage and testing records may be lost if not preserved quickly.
Early legal representation allows your attorney to:
Challenge the stop and arrest
Contest license suspension
Identify suppression issues
Influence charging and sentencing posture early
For many defendants, the difference between a conviction and a reduced outcome is timing, not guilt.
🛑 The Most Common Mistakes After a DUI Arrest
Avoid these pitfalls to protect your case:
❌ Talking to police or answering questions
Anything you say becomes evidence.
❌ Missing the 10-day DMV deadline
You have 10 days to request a DMV hearing and stop automatic suspension. Florida treats DUI license suspensions as a separate administrative case, and missing the 10-day deadline can result in an automatic suspension before your first court appearance.
In Broward County, prosecutors often begin reviewing DUI cases and evidence immediately after arrest — long before your first court appearance.
❌ Waiting too long to hire a DUI attorney
In Fort Lauderdale DUI cases, timing matters. Police body-worn camera footage, dashcam video, and third-party surveillance are often overwritten or lost within weeks. Early legal representation allows your lawyer to preserve video evidence, locate witnesses, and file suppression motions before the State locks in its case.
❌ Posting about the arrest on social media
Prosecutors pull social media as evidence.
❌ Assuming you must plead guilty
DUIs are among the most defensible charges — when handled early.
The hours and days immediately following a DUI arrest are critical. Decisions made in the first 24–72 hours can directly affect your license status, the availability of video evidence, and the defenses available in your case. Acting early gives your lawyer the opportunity to protect your rights before the State’s case solidifies.
After a DUI arrest in Fort Lauderdale, your license is subject to immediate suspension unless a formal review hearing is requested within 10 days. At the same time, prosecutors begin evaluating the stop, testing procedures, and reports. Early legal representation allows counsel to request DMV hearings, preserve evidence, assess the charges filed, and begin suppression and negotiation strategies before arraignment.
💡 Tip: Write down everything you remember — location, officer statements, field tests given, and whether you consented to breath or urine tests.
⚖️ How Michael White, P.A. Builds Your DUI Defense
Effective DUI defense begins long before trial. A strong defense is built through early investigation, evidence preservation, and strategic motion practice — not by simply reacting to the State’s case. As a former prosecutor, Michael White focuses on identifying legal flaws early and positioning cases for dismissal or reduction before trial becomes necessary. We routinely challenge:
🚓 Illegal or Unjustified Traffic Stops
In Fort Lauderdale DUI cases, the traffic stop is often the weakest link in the State’s case. Under the U.S. and Florida Constitutions, officers must have reasonable suspicion to initiate a stop. If the stop was unlawful, your lawyer can file a motion to suppress — and if granted, all evidence obtained afterward, including field sobriety tests and breath results, may be thrown out.
DUI traffic stops are frequently challenged when officers rely on vague or improper justifications, extend a stop without cause, remove drivers improperly, or fail to follow required procedures during the investigation.
🎥 Bodycam, Dashcam, and Dispatch Evidence
DUI defense often hinges on video and audio evidence. Body-worn camera footage, dashcam recordings, and dispatch logs frequently contradict arrest reports or reveal that officers lacked clear justification for the stop. Preserving and reviewing this evidence early is critical to building suppression motions and negotiating dismissals or reductions.
🍻 Breathalyzer problems
Many Fort Lauderdale DUI cases rise or fall on testing evidence, including breath tests, blood draws, urine testing, timing after crashes, and laboratory procedures.
🧪 Blood & urine tests
Chain-of-custody problems → test results excluded.
🎥 Officer credibility vs video evidence
Bodycam and dashcam often contradict reports.
🔍 Field sobriety exercise reliability
Improper instruction or unsafe conditions = FSEs thrown out.
🗣️ Suppressing Statements and Constitutional Violations
Statements made during a DUI investigation can sometimes be excluded if Miranda rights were violated or questioning continued unlawfully. Suppressing improper statements can significantly weaken the State’s case and improve negotiation or dismissal outcomes.
When suppression issues are identified early, prosecutors often reassess the strength of the case — creating leverage for reduced charges, dismissals, or alternative resolutions. When police violate constitutional rules during a DUI investigation, critical evidence may be excluded through motions to suppress.
✅ A Simple “Beat the Odds” Checklist in Fort Lauderdale DUI Cases
Strong DUI defenses often come down to a few evidence questions:
Was the traffic stop lawful? If not, suppression may eliminate the entire case.
Does the video match the report? Bodycam and dashcam often contradict officer narratives.
Are testing procedures reliable? Breath and blood cases depend on strict rules and documentation.
Are there medical or timing issues? Absorption, reflux, diabetes, fatigue, and injuries can distort cues and results.
When those questions expose weaknesses early, cases are frequently positioned for dismissal, reduction, or favorable negotiations—often well before trial.
🏆 What a “Win” Looks Like in a Fort Lauderdale DUI Case
Success in a DUI case doesn’t always mean trial. Depending on the facts, strong outcomes may include dismissal of charges, reduction to reckless driving, avoidance of jail or ignition interlock, protection of driving privileges, or preserving eligibility for record sealing in the future.
Because DUI convictions cannot be sealed or expunged in Florida, avoiding adjudication or reducing the charge before conviction is often the most important objective in first-offense cases.
These outcomes are often achieved by challenging testing procedures, license suspensions, and constitutional violations early in the case.
📍 Why Local Experience Matters in Broward DUI Cases
Fort Lauderdale DUI cases move quickly, and each judge and prosecutor treats them differently. Local DUI defense often turns on knowing how specific judges, prosecutors, and DHSMV hearing officers in Broward County evaluate evidence and exercise discretion.
A local DUI attorney understands:
Broward’s First Appearance & bond tendencies
Which judges grant license reinstatements
Which prosecutors negotiate reductions
How Broward’s DUI diversion programs are applied
What experts and investigators are persuasive in Broward courts
The right lawyer can change the course of the case before arraignment. In addition to prosecutorial experience, Michael White has also served as counsel for law-enforcement organizations, giving him insight into both sides of DUI investigations.
💼 DUI Defense for Professionals
If you hold a professional license — teacher, nurse, lawyer, real estate agent, CDL driver, pilot — a DUI has additional consequences.
If you hold a professional license — such as a teacher, nurse, physician, attorney, real estate agent, CDL driver, or pilot — a DUI charge can trigger consequences beyond the criminal case itself.
In addition to court penalties, a DUI may require mandatory reporting to a licensing board, prompt administrative investigations, and create risks of disciplinary action, suspension, or conditions on your ability to work. These collateral consequences are often overlooked early in a case but can be just as damaging as fines or jail exposure.
Professionals facing DUI charges need a defense strategy that considers both the criminal case and the downstream licensing impact, including how plea negotiations, sentencing outcomes, and case disposition can affect credentialing, employment, and long-term career stability.
❓ DUI Defense FAQ
Q1: How long will a DUI stay on my record in Florida?
A DUI conviction remains on your record for 75 years — effectively for life.
Q2: Can I get a DUI expunged?
A DUI cannot be sealed or expunged if adjudication is imposed. But reduced charges (e.g., reckless driving) may be eligible.
Q3: What if I refused a breath test?
Refusal = 1-year suspension for first-time offenders.
Q4: How soon should I hire a DUI attorney?
Immediately — you have 10 days to fight your suspension.
Q5: Can a DUI affect my professional license?
Yes. Many licensing boards require disclosure and impose discipline for DUI convictions.
📞 Take Action Now
A DUI arrest doesn’t have to ruin your life — but doing nothing will.
Start building your defense today.
📱 Call (954) 270-0769 or
💬 Request Your Free Consultation