Facing a First-Time DUI Charge in Florida? Understand Your Options.

Short answer: can a first-time DUI be dismissed in Florida?

Yes, a first-time DUI charge can sometimes end without a conviction. Whether it can depends on the facts of the arrest, the evidence, and Florida law, and no outcome is certain.

Florida law also limits the paths a DUI case can take. Under Fla. Stat. § 316.656, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193. So you should not assume a “withhold” is available.

For a broader view of Florida DUI charges, read the DUI defense overview. This page explains how these cases can end and what affects the answer in your case.

What “dismissed” can mean in a Florida DUI case

A case described as “dismissed” can end in several different ways. Each one has different effects, so it helps to know the difference.

• Dismissal. The court throws out the charge.
• Nolle prosequi. A Latin term meaning the prosecutor decides not to go forward with the charge.
• Not-guilty verdict. A judge or jury finds the state did not prove the charge.
• Reduction. The charge is changed to a lesser offense, if the prosecutor agrees and the court accepts it.

Prosecutors make charging and plea decisions, and those decisions depend on the evidence. No one can predict them with certainty. Timing also matters. Under Fla. R. Crim. P. 3.190, most defenses other than not guilty must generally be raised by a motion to dismiss, and grounds not raised by a timely motion to dismiss are generally considered waived; fundamental grounds are an exception, and the court may permit later filing, depending on the facts and applicable law.

Check your paperwork now. Look at the charging document, any arrest papers you have, and the notice of your next court date. Write down every date you find.

Evidence and procedure issues that can affect whether a case moves forward

Problems with the stop, the arrest, or the testing can be reviewed, and sometimes they matter. Whether a given problem matters depends on the facts and the record.

Common questions include:

• Did the officer have a lawful reason to stop the car?
• Did the officer have probable cause to arrest?
• Were field sobriety tests given under proper conditions?
• Did breath or blood testing follow the required procedures?

On breath tests, Fla. Stat. § 316.1934 provides that a test must have been performed substantially in accordance with methods approved by the Department of Law Enforcement. Minor differences do not automatically make a test invalid. The real question is whether a difference is insubstantial.

Alcohol level also matters. Under the same statute, a level of 0.05 or less creates a presumption that the person was not impaired. A level of 0.08 or higher is prima facie evidence of impairment, though other evidence can still be considered.

You may also obtain an independent test. Acting early can help.

Under Rule 3.190, a person who claims evidence was obtained unlawfully may move to suppress it. Whether that motion succeeds depends on the specific record and the law.

Possible resolution paths in a DUI case

Plea talks are another possibility. Under Rule 3.171, defense counsel must advise a client of all plea offers and the likely results of each. A plea to a lesser charge is not always available. Under Fla. Stat. § 316.656, no trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test whose results show a blood or breath alcohol content by weight of 0.15 percent or more.

Why the license and criminal case run on separate tracks

The criminal case and the driver license process are separate, so a ruling in one does not automatically decide the other. A dismissal in court may not automatically end a license action. The effect depends on the facts and applicable law.

The license process has its own rules. An officer may also issue a 10-day temporary permit to an eligible person.

Notices can be easy to miss. Under Fla. Stat. § 322.251, any failure by the person to receive the order does not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee’s driving privilege. Read the notice you have and note how and when to request a review.

Refusing a breath or urine test is a separate issue. Under Fla. Stat. § 316.1939, a person who refuses to submit to a lawful test after the required warnings, as the statute describes, commits a misdemeanor of the second degree for a first refusal or a misdemeanor of the first degree for a second or subsequent refusal. For an overview of administrative suspension, see the FLHSMV DUI suspension laws page.

What are the possible consequences of a first-time DUI in Florida?

Possible consequences can include fines, court costs, probation, classes, license action, and an ignition interlock device. Which ones apply depends on the facts of your case and the court’s order. None of them is automatic.

If there is a conviction, the statute says the court shall place the person on monthly reporting probation and require a course from a licensed DUI program. Depending on the facts and applicable law, the court may require an interlock device.

Felony sentencing tools, such as Criminal Punishment Code scoresheets, generally apply only to felony cases.

Read your charging document and any court order closely. Check exactly what each one says and what it requires of you.

Quick answers to other common questions

Do DUI charges ever get dropped? They can, depending on the facts, the evidence, and the prosecutor’s decisions. No result is certain.

What does DUI mean? Under Fla. Stat. § 316.193, a person is guilty of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and 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.

Will a DUI ruin my life? The effects depend on your circumstances and the outcome of your case. Common areas to review are work, driving needs, and insurance questions.

Talking through your situation with Patrick David Wilson

You may be reading this after your own arrest, or after a family member’s arrest. You may be trying to understand the paperwork, the next court date, and the license notice all at once.

Patrick David Wilson, of Patrick Wilson Law, PLLC, handles DUI matters across South Florida. Patrick David Wilson offers a free, confidential first consultation, with no obligation to continue. You can call 786-761-1719 or leave a message through the contact form.