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DUI as a Crime in Florida

Florida DUI & DWI Lawyer

Serving Destin, Fort Walton Beach & Northwest Florida

If you have been arrested for driving under the influence, speaking with a Florida DUI lawyer quickly can make a significant difference in what happens next. A Florida DWI lawyer at Cobb Law Firm can review your arrest, the evidence against you, and the steps you can take to protect your license and defend your criminal case.

Call 850-423-0035 or request a free consultation today.

DUI and DWI Charges We Defend in Florida

Florida law refers to the offense as DUI, or driving under the influence. However, many people use “DWI” when describing the same type of charge. Cobb Law Firm represents clients facing a wide range of alcohol- and drug-related driving allegations.

First-Time DUI or DWI

  • Criminal penalties plus a separate license suspension
  • We review the stop, arrest, field sobriety exercises, and testing
  • Find issues that affect whether the charge can be proven

Second, Third, and Felony DUI/DWI

  • A third DUI within 10 years can be a third-degree felony
  • A fourth or later DUI can also be charged as a felony
  • Priors raise fines, license, interlock, and jail exposure

DUI With High BAC or a Minor in the Vehicle

  • Enhanced penalties at a BAC of 0.15 or higher
  • Also applies when someone under 18 was in the vehicle
  • Can mean higher fines, more jail time, and interlock

DUI With Property Damage, Injury or Death

  • Crash cases carry more serious charges
  • Serious bodily injury can be prosecuted as a felony
  • A death can lead to DUI manslaughter charges

Drug DUI and Prescription Medication DUI

  • A DUI charge does not require alcohol
  • Covers illegal drugs and prescription medication
  • We examine toxicology, testing, and proof of impairment

Breath or Urine Test Refusal

  • Since October 1, 2025, a first refusal can be a second-degree misdemeanor
  • A second or later refusal may be a first-degree misdemeanor
  • Refusal can also trigger a license suspension

Commercial Driver (CDL) and Underage DUI

  • A CDL, and your livelihood, may be at risk
  • Separate license rules apply to drivers under 21
  • Get advice on the rules for your situation

Boating Under the Influence (BUI)

  • Florida prohibits operating a vessel while impaired
  • Same issues as DUI: impairment signs, testing, refusal
  • Enhanced consequences after a boating accident

How Our DUI and DWI Defense Lawyers Handle Your Case

Every DUI case depends on its specific facts. Our approach begins with understanding what happened, obtaining the available evidence, and determining which legal and factual issues may affect the prosecution’s case.

1. Free Consultation and Case Review

Discuss your case, charges, license concerns, and next steps.

2. Protecting Your Driver’s License Within 10 Days

Review your options for challenging a suspension or seeking restricted driving privileges.

3. Reviewing the Evidence

Examine the traffic stop, video footage, test results, statements, and crash evidence.

4. Challenging the State’s Case

Identify legal, procedural, or evidentiary weaknesses that may affect the case.

5. Negotiating a Reduction or Going to Trial

Evaluate dismissal, reduced charges, negotiated resolutions, and trial options.

Common Defenses in Florida DUI and DWI Cases

A strong defense starts with the evidence. Depending on the circumstances, a Florida DUI attorney may investigate issues such as:

1. No lawful reason for the traffic stop

Evidence obtained after an unlawful stop may be subject to challenge.

2. Insufficient probable cause for arrest

Suspicion of drinking does not automatically establish probable cause for a DUI arrest.

3. Problems with field sobriety exercises

Road conditions, footwear, injuries, medical conditions, confusing instructions, and other circumstances can affect performance.

4. Breath-testing issues

Machine maintenance, administration procedures, operator qualifications, timing, and other factors can affect breath-test evidence.

5. Blood or urine testing problems

Collection, handling, storage, chain of custody, laboratory procedures, and interpretation of results may become important.

6. Medical or physical conditions

Some conditions can affect a person’s appearance, speech, balance, coordination, or testing results.

7. Lack of actual physical control

The State must establish that the accused was driving or in actual physical control of the vehicle as required by Florida law.

Having one of these issues does not automatically result in dismissal. A lawyer must evaluate how it applies to the specific facts and evidence.

What Is at Stake: Florida DUI and DWI Penalties

A Florida DUI conviction can affect much more than the immediate court case. Depending on the offense and your record, potential consequences may include:

Criminal fines

Vehicle immobilization or impoundment

Jail or prison

Installation of an ignition interlock device

Driver’s license suspension or revocation

Increased penalties for repeat offenses

Probation

Enhanced penalties for a BAC of 0.15 or higher

DUI school and substance-abuse requirements

More serious charges when a crash causes injury or death

Florida also retains a DUI conviction on a driver’s record for 75 years.

Because the possible penalties vary considerably depending on prior convictions and the facts of the case, speak with a lawyer about the consequences that apply to your specific charge.

Why Hire Cobb Law Firm for Your DUI or DWI Case?

A DUI defense can involve constitutional law, criminal procedure, scientific evidence, driver’s license rules, and courtroom strategy. Your lawyer’s experience handling criminal cases matters.

Since 1990
Practicing criminal defense in Florida
10,000+
Criminal cases handled
Board Certified
Criminal Trial Law Specialist
Northwest Florida
Born, raised, and practicing locally

More Than Three Decades of Florida Criminal Defense

Stephen G. Cobb, BCS, has practiced criminal defense in Florida since 1990. He has handled more than 10,000 criminal cases, ranging from misdemeanor DUI allegations to first-degree murder cases.

He is a Florida Bar Board Certified Criminal Trial Law Specialist and was most recently recertified in 2023.
If you are searching for a DUI lawyer in Destin, Fort Walton Beach, or the surrounding area, Cobb Law Firm offers local criminal-defense experience together with extensive courtroom experience.

Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.

What Clients Say

“I would describe him as an honest and straightforward lawyer. All my concerns were addressed.”
Crystal H.
“He knew exactly what the problem was and how to fix it. I explained it all, and he knew right off the bat how to fix it. I was always able to get in touch with him.”
James S.
“I was consistently updated when anything happened and if I ever had questions, they were always more than willing to help.”
John A Satisfied Client.

FAQs

Is DUI the Same as DWI in Florida?

Florida law uses the term DUI – Driving Under the Influence – rather than DWI as the statutory name of the offense. However, people commonly search for both terms when looking for legal help. Whether you are searching for a Florida DWI lawyer, a DUI attorney, or a DWI lawyer in Florida, the underlying Florida offense you are dealing with will generally be referred to as DUI.

Under Florida law, a person can commit DUI by driving or being in actual physical control of a vehicle. In contrast, alcohol, certain chemical substances, or controlled substances impair their normal faculties. A person may also be charged based on a blood- or breath-alcohol level of 0.08 or higher. That means a DUI case does not necessarily require the State to prove a BAC of 0.08 if it alleges impairment of normal faculties through other evidence.

There is no fixed number of court appearances for every DUI case. The number depends on factors such as the court, complexity of the evidence, motions filed, negotiations, and whether the case proceeds toward trial. Your lawyer can explain when your personal appearance is required.

Potentially, yes. Florida’s DUI statute applies to a person driving or in actual physical control of a vehicle, rather than limiting the offense only to conventional passenger cars. Whether DUI law applies in a particular golf-cart case can depend on the circumstances, including where and how the golf cart was being operated.

It can happen, but there is no automatic right to have a DUI reduced or dismissed. The outcome depends on the evidence and legal issues in the individual case.

A refusal can affect both the criminal case and your driver’s license. Since October 1, 2025, a first refusal to submit to a lawful breath or urine test following a DUI arrest may constitute a second-degree misdemeanor. A second or subsequent refusal may constitute a first-degree misdemeanor. Administrative driver’s license suspension rules also apply.

The cost of DUI representation depends on the complexity of the case and the work required. Factors may include whether there was an accident, chemical testing or refusal, prior DUI history, motions that need to be litigated, and whether the case is expected to proceed to trial.

Yes. If you are looking for a DUI lawyer free consultation, contact Cobb Law Firm to discuss your situation and determine the next steps.

Talk to a Florida DUI & DWI Attorney: Free Consultation

A DUI arrest starts two important processes: the criminal case and, in many cases, an administrative driver’s license suspension. You don’t have to wait until your first court date to start reviewing your options. Whether you are looking for a DUI lawyer in Florida, a DWI lawyer in Florida, or local representation in Destin or Fort Walton Beach, contact the Cobb Law Firm as soon as possible.

Call Cobb Law Firm at 850-423-0035 or request your free consultation online.

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