What is the minimum sentence for aggravated assault in Florida?

If a firearm is involved, Florida’s 10-20-Life law imposes a mandatory minimum of 3 years. Without a firearm, the judge may impose no mandatory prison time, depending on the facts.

Does Florida’s 10-20-Life law apply to aggravated assault?

Yes. It mandates 10 years for possessing a firearm, 20 years for firing it, and 25 years to life if someone is injured during the offense.

Can a judge go below the minimum sentence?

Yes. A judge may impose a lower sentence if your attorney successfully argues for a downward departure based on mitigating factors.

Can aggravated assault charges be reduced?

Yes. The charge may be reduced to simple assault or improper exhibition of a weapon, especially when the evidence is weak or intent is unclear.

What are possible defenses to aggravated assault?

Common defenses include self-defense, Stand Your Ground, lack of intent, mistaken identity, or no use of a deadly weapon.

You are here: Home > DUI Defense > How to Get Out of a DUI in Florida Legally

🧪 How to Get Out of a DUI in Florida Legally

Last updated March 2026

🚨 Arrested for DUI? You Still Have Options.

If you’ve been charged with DUI in Florida, you’re probably asking the one question that really matters:

“How do I get out of this?”

The good news? Many DUI cases can be reduced — or even dismissed — if you act quickly and use the right defense strategies.

For a step-by-step breakdown of what happens after a DUI arrest and how cases are fought, see our guide to
DUI Process & Defense Strategy in Florida.

At Michael White, P.A., we’ve helped clients across Fort Lauderdale and South Florida do exactly that.

⚖️ How to Beat a DUI in Florida (Legally)

Florida prosecutors must prove your guilt beyond a reasonable doubt.

That means DUI cases are often won by attacking one or more key areas of the State’s case.

🔍 1. Challenge the Stop

Was there reasonable suspicion to pull you over?

If not, everything that followed — including test results — may be thrown out.

To understand how DUI stops are challenged and when they become unlawful, see DUI Traffic Stops & Investigations in Florida.

🧪 2. Suppress the Test Results

Breath and blood tests are not always reliable.

We look for:

faulty calibration of the Intoxilyzer 8000
shortened observation periods
medical conditions like GERD, diabetes, or asthma
chain of custody or contamination issues

These issues often form the basis of suppression motions that can weaken or eliminate the State’s case.

🚔 3. Question Field Sobriety Exercises (FSEs)

These roadside “tests” are highly subjective and frequently misapplied.

We challenge:

whether they were administered correctly
whether the officer had proper training
environmental factors (lighting, footwear, weather)

Video evidence often exposes these issues, particularly when officer reports don’t match what actually happened. See examples in Broward DUI Bodycam Footage.

📉 4. Use Weak Evidence to Negotiate Reduction

Even if a full dismissal isn’t possible, many DUI cases can be reduced.

Common outcomes include:

reckless driving (“wet reckless”)
careless driving
pre-trial diversion (in limited jurisdictions)

For a deeper look at how DUI charges are reduced, see DUI vs. Reckless Driving in Florida.

🧠 5. Use Legal Timing to Your Advantage

If you were arrested within the last 10 days, you may still:

Fight your license suspension
Request a formal review hearing
Apply for a hardship license

✅ First-Time Offender? Your Chances Are Better Than You Think.

If this is your first DUI, you may qualify for:

pre-trial intervention
no conviction outcomes
reduced charges
potential record relief in certain situations

For more on long-term outcomes and record implications, see
Can You Remove a DUI From Your Record in Florida?

📞 Arrested for DUI in Florida? Don’t Guess. Call Us.

Need a DUI lawyer in Florida?The sooner we start working on your case, the better your outcome.
We’ll review every detail and fight to get the charges dropped, reduced, or beaten outright.

📲 Call (954) 270-0769 or schedule a free consultation.

❓ Frequently Asked Questions

⚖️ Can DUI charges be dismissed in Florida?

Yes. DUI charges can be dismissed if the traffic stop was unlawful, if field sobriety tests were improperly administered, or if breath/blood test results are successfully challenged in court.

🧪 What are the most effective DUI defenses in Florida?

Top defenses include:

Illegal stop (no probable cause)
Faulty breathalyzer calibration
Improper observation period
Medical conditions affecting test results
Lack of evidence of impairment

🧑‍⚖️ Can a DUI be reduced to reckless driving in Florida?

Yes. Many first-time DUI charges are reduced to “wet reckless” through negotiation, especially when there are issues with evidence or testing procedures.

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

You have 10 days to request a DHSMV hearing to challenge your driver’s license suspension. If you miss this window, you lose the chance to fight the administrative suspension.

🚗 Can I avoid a conviction for my first DUI in Florida?

Yes. If the case is weak or if you qualify for a pretrial diversion or reduced plea, you may avoid a formal DUI conviction altogether—preserving your record.