Question 1

How long do I have to save my license after a DUI arrest?

Accepted Answer

Ten days. The notice of suspension the officer gave you serves as a temporary permit that expires at midnight on the 10th day after the arrest. Within that window you can request a formal or informal review of the suspension or, if you qualify, waive review and apply for a business-purpose license. If you do nothing, the suspension takes effect and you cannot legally drive.

Question 2

Can I get a hardship license after a DUI arrest?

Accepted Answer

If you have never had a license suspended for DUI and never been convicted of DUI, you can waive the review hearing, enroll in a licensed DUI program, and receive a license restricted to business purposes for the length of the suspension, with no waiting period. If you request a hearing instead and the suspension is upheld, you must wait 30 days for a breath or blood result suspension, or 90 days for a refusal suspension, before applying.

Question 3

Will I go to jail for a first DUI in Florida?

Accepted Answer

There is no mandatory jail on a first DUI. The maximum is 6 months, or 9 months with an alcohol level of 0.15 or higher or a minor in the vehicle. Most first-offense cases that end in a conviction are resolved with probation, community service, DUI school, fines, and a license revocation rather than jail. A second DUI within 5 years carries a mandatory 10 days.

Question 4

Can a DUI be reduced to reckless driving?

Accepted Answer

Often, yes, when the evidence has problems the State does not want to take to a jury. A reckless driving plea avoids the mandatory DUI penalties and can allow a withhold of adjudication. Florida law does not allow a judge to accept a plea to a lesser offense if a breath or blood test showed 0.15 or higher, and it does not allow one on a DUI involving property damage, injury, or death.

Question 5

Can a DUI be sealed or expunged in Florida?

Accepted Answer

Not a DUI conviction. Florida prohibits a withhold of adjudication on DUI, and a conviction cannot be sealed or expunged. A DUI that was dismissed, never filed, or ended in an acquittal can be expunged, and a reduced charge that ended with a withhold may be eligible for sealing.

Question 6

Is it a crime to refuse the breath test in Florida?

Accepted Answer

Since October 1, 2025, yes. A first refusal of a breath or urine test is a second-degree misdemeanor, and a refusal after a prior refusal suspension is a first-degree misdemeanor. Both are in addition to the license suspension. The charge requires a lawful arrest and the correct warning from the officer, so the circumstances of the refusal matter.

Question 7

Can I be charged with DUI if I was parked?

Accepted Answer

Yes. Florida's DUI law covers anyone driving or in actual physical control of a vehicle, which can include sitting in a parked car with the keys and the ability to drive. Where you were sitting, where the keys were, whether the engine was running, and why you were there all matter, and these cases are often more defensible than they look.

Question 8

I live in another state. What happens to my license at home?

Accepted Answer

A Florida suspension applies to your privilege to drive in Florida, and a DUI conviction is reported to your home state, which may impose its own consequences. Out-of-state drivers can usually handle much of a Vero Beach DUI case through their lawyer without returning for every court date.

Question 9

What does a DUI lawyer in Vero Beach cost?

Accepted Answer

Heritage Law Firm handles DUI cases on either a flat fee or an hourly basis at $300 per hour, depending on the charge and the stage of the case. There is no charge for the initial consultation. Fees are discussed openly before you commit to anything.

Vero Beach DUI Lawyer

Florida DUI Law

Potential Penalties