The Dunn Law Firm, P.A.
Florida DUI defense in the Twelfth Judicial Circuit
A DUI arrest creates two separate problems: the criminal court case and a time-sensitive driver-license process. Attorney Adam Dunn represents people arrested for DUI in Sarasota, Manatee and DeSoto counties and helps them understand what must happen next.
The 10-day Florida license deadline
After a DUI-related suspension notice, Florida generally allows only 10 days to request a formal or informal administrative review. A first-time offender may have a different waiver/restricted-license option if eligible. Missing the deadline can waive the right to review, so read the citation and suspension notice immediately.
A DUI case has two tracks
1. The criminal case
The State may try to prove DUI by showing that a person drove or was in actual physical control of a vehicle while normal faculties were impaired, or that a lawful breath- or blood-alcohol test was 0.08 or higher. The criminal case proceeds in county or circuit court depending on the allegations and any enhancement.
2. The administrative driver-license case
The Florida Department of Highway Safety and Motor Vehicles handles an administrative suspension arising from an unlawful alcohol level or a refusal. That license case is separate from the criminal prosecution. Winning or losing one does not automatically decide the other.
Florida DUI penalties
Penalties depend on prior convictions, timing, alcohol level, whether a minor was in the vehicle, and whether a crash caused property damage, injury or death. Under section 316.193, Florida Statutes, a standard first conviction can carry a $500–$1,000 fine and up to six months in jail. A standard second conviction can carry a $1,000–$2,000 fine, up to nine months in jail and at least one year of ignition-interlock placement. A level of 0.15 or higher, a passenger under 18, a qualifying prior, serious injury or death can substantially increase exposure.
Other consequences may include probation, DUI school and recommended treatment, community service, vehicle immobilization or impoundment, license revocation, an ignition interlock device, court costs and higher insurance expenses. The applicable minimums and maximums must be evaluated from the actual case history and charge.
First DUI versus repeat DUI
First DUI
Important questions include the stop, driving pattern, field exercises, body-camera video, implied-consent warning, breath or blood testing, actual physical control, and whether a reduced or non-DUI resolution is legally and factually supportable.
Second or subsequent DUI
Prior dates and dispositions matter. A repeat case may trigger higher mandatory penalties, jail, longer license consequences, interlock requirements and felony treatment in some circumstances.
Issues a DUI lawyer may investigate
- Whether law enforcement had a lawful basis for the traffic stop or encounter.
- Whether the officer had probable cause to arrest.
- Dash-camera, body-camera, dispatch and booking-room evidence.
- Whether field sobriety exercises were fairly administered and accurately described.
- Medical conditions, footwear, roadway conditions, lighting and other non-alcohol explanations.
- Compliance with breath-test observation, maintenance and operator requirements.
- Whether a blood draw or urine request was legally authorized.
- Statements, Miranda issues and the difference between impairment and a poor performance under stress.
- Actual physical control when the vehicle was parked or not moving.
What happens in Sarasota or Manatee court?
Most misdemeanor DUI cases begin in county court. The case may include arraignment, discovery, depositions when authorized, motions, pretrial conferences and trial. Court dates and division procedures vary. Use the notice received in the case and the appropriate clerk’s official record system to confirm the correct courthouse, date and time.
- Twelfth Judicial Circuit Criminal Division
- Sarasota County Clerk — Criminal Court
- Manatee County Clerk — Court Records
- Florida Statute 316.193 — DUI
- FLHSMV administrative-review request form
Frequently asked DUI questions
Is a DUI automatically proven by a 0.08 breath result?
No. A reported result is important evidence, but the State must establish admissibility and compliance with legal and testing requirements. The stop, arrest, observation period, instrument records, operator qualifications and surrounding evidence may all matter.
Can I drive during the 10-day period?
The citation or suspension notice often serves as a temporary permit for a limited period if the person is otherwise eligible. The document itself controls. Do not assume you may drive; review the notice and your license status.
Should I request a formal review or use the waiver option?
That is case-specific. The choice can affect immediate driving eligibility and the opportunity to challenge the suspension. A lawyer should review the arrest, history, job needs and available evidence before the deadline.
Will I have to install an ignition interlock device?
Interlock requirements depend on the number of convictions, alcohol level, the presence of a minor and other factors. A second conviction generally carries at least one year of interlock placement, while enhanced first cases can also trigger a requirement.
Can a Sarasota DUI be reduced?
Some cases resolve to a reduced charge, and others do not. The answer depends on the evidence, legal issues, prior history, aggravating facts and the prosecutor’s assessment. No result can be promised.
Protect the deadline and the defense
Bring the citation, suspension notice, bond paperwork and any release conditions when you speak with counsel.
(941) 866-4352
49 N. East Avenue, Sarasota, FL 34237
This page is general information, not legal advice. It does not create an attorney-client relationship. Deadlines and legal rules may depend on facts not stated here.

