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 lead to felony charges; the defense may dispute causation or injury severity.
- 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.
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Free Consultation and Case Review
Discuss your case, charges, license concerns, and next steps.
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Protecting Your Driver's License Within 10 Days
Review your options for challenging a suspension or seeking restricted driving privileges.
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Reviewing the Evidence
Examine the traffic stop, video footage, test results, statements, and crash evidence.
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Challenging the State's Case
Identify legal, procedural, or evidentiary weaknesses that may affect the case.
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Negotiating a Reduction or Going to Trial
Evaluate dismissal, reduced charges, negotiated resolutions, and trial options.
Common Defenses in Florida DUI and DWI Cases
Florida DUI defenses may involve pretrial legal challenges to evidence or factual disputes about driving, vehicle control, and impairment. The right strategy depends on the circumstances of your case.
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No Lawful Reason for the Traffic Stop
An unlawful stop, unsupported traffic violation, unreliable speed measurement, or insufficient anonymous tip may provide grounds to suppress evidence.
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Insufficient Probable Cause for Arrest
An officer's observations and available evidence may not establish sufficient probable cause for a DUI arrest.
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Problems With Field Sobriety Exercises
Improper instructions, testing errors, road conditions, or physical limitations may affect results or even support the defense.
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Breath-Testing Issues
Equipment maintenance, operator qualifications, and testing procedures may affect the reliability or admissibility of breath-test results.
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Blood or Urine Testing Problems
Collection errors, chain-of-custody issues, laboratory procedures, or defective documentation may undermine chemical test evidence.
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Challenging the Admissibility of Evidence
Constitutional or procedural violations may provide grounds to exclude statements, test results, or other evidence before trial.
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Medical or Physical Conditions
Medical conditions or injuries may explain symptoms, behavior, or testing results that officers interpreted as signs of impairment.
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Challenging Evidence of Impairment
Inconsistent testimony, unreliable observations, or disputed test results may create reasonable doubt about whether the driver was impaired.
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Lack of Actual Physical Control
When no one witnessed the defendant driving, the prosecution may struggle to establish who operated or controlled the vehicle.
The strongest DUI defense depends on the circumstances. In accident cases, the defense may also dispute causation, pre-existing damage, or whether injuries qualify as serious bodily injury.
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
- Jail or prison
- Driver's license suspension or revocation
- Probation
- DUI school and substance-abuse requirements
- Vehicle immobilization or impoundment
- Installation of an ignition interlock device
- Increased penalties for repeat offenses
- Enhanced penalties for a BAC of 0.15 or higher
- 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.
More Than Three Decades of Florida Criminal Defense
Since 1990
Stephen G. Cobb, BCS, has practiced criminal defense in Florida since 1990.
10,000+ criminal cases handled
He has handled more than 10,000 criminal cases, ranging from misdemeanor DUI allegations to first-degree murder cases.
Board Certified
He is a Florida Bar Board Certified Criminal Trial Law Specialist and was most recently recertified in 2023.
Northwest Florida
Born, raised, and practicing locally. 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
Real reviews from people who spoke with Stephen G. Cobb about their case.
“We had a very professional consultation with Mr. Cobb. I appreciated his factual and honest legal opinion, which was exactly what I was looking for. He was also extremely patient and friendly.”
“Very knowledgeable and offered excellent references and information pertaining to our request and was engaged in the conversation. Most importantly our consultation was not rushed - he was not counting the minutes like most attorneys. Mr Cobb addressed all of our concerns and you can tell he has a passion for law.”
“I really appreciated Mr. Cobb steering me in the right direction regarding my legal matter. He was very helpful and honest.”
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.
What Counts as a DUI in Florida?
Under Florida law, a person can commit DUI by driving or being in actual physical control of a vehicle while their normal faculties are impaired by alcohol, certain chemical substances, or controlled substances. A person may also be charged based on a blood- or breath-alcohol level of 0.08 or higher. This means the State does not necessarily need to prove a BAC of 0.08 if the charge is based on impairment of normal faculties.
How Many Court Dates Will I Have for a DUI?
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.
Can You Get a DUI on a Golf Cart in Florida?
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.
Can a DUI Be Reduced to Reckless Driving or Dismissed?
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.
What Happens If I Refuse a Breath or Urine Test in Florida?
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.
How Much Does a DUI Lawyer Cost?
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.
Does Cobb Law Firm Offer a Free DUI Consultation?
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.