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DUI Defense

DUI Defense Lawyer in Fort Lauderdale

A DUI arrest in Fort Lauderdale can turn your life upside down in a matter of minutes. One moment you are driving home — the next you are in handcuffs, facing criminal charges that carry the potential for jail time, significant fines, mandatory license suspension, an ignition interlock device on your vehicle, and a permanent criminal record that follows you for the rest of your life. The consequences extend far beyond the courtroom: a DUI conviction can cost you your job, your professional license, your ability to travel internationally, and your reputation. And the clock starts running immediately after your arrest — you have only ten days to request a hearing to protect your driving privileges.


If you or a family member has been arrested for DUI in Fort Lauderdale, Broward County, or anywhere in South Florida, you need an experienced DUI defense lawyer on your side immediately. The Law Offices of Richard Corey, PLLC represents individuals charged with DUI throughout Fort Lauderdale and South Florida, bringing a rigorous, trial-ready defense strategy to every case. Managing Attorney Richard P. Corey is a three-time Super Lawyers Rising Stars recipient in civil litigation — a distinction awarded to fewer than 2.5% of attorneys in Florida — and approaches every DUI case with the same analytical precision and evidentiary rigor that defines the firm's civil litigation practice. A DUI charge is not a foregone conclusion. The right defense attorney, acting quickly and strategically, can challenge the evidence, expose the weaknesses in the prosecution's case, and fight for the best possible outcome at every stage of the proceedings.


Contact The Law Offices of Richard Corey, PLLC immediately at (954) 789-0461 or legal@rcenterpriselaw.com. Do not wait — every day of delay after a DUI arrest is a day closer to losing your right to challenge your license suspension.

What Happens After a DUI Arrest in Florida?

Understanding the legal process that follows a DUI arrest in Florida is essential to making informed decisions about your defense. The process moves fast — and the actions taken in the first ten days after your arrest are among the most consequential of the entire case.


When you are arrested for DUI in Broward County, you will be taken to the Broward County Main Jail or a police station for booking and processing. You will be fingerprinted, photographed, and held until you are released on bond or on your own recognizance. At the time of arrest, your driver's license will be confiscated and you will be issued a ten-day temporary driving permit — a document that is also your notice that your license suspension has begun. That ten-day window is critical: if you fail to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days, your license will be automatically suspended — for six months on a first refusal of chemical testing, twelve months for a second refusal, or six months if you submitted to testing and registered a BAC of .08% or higher.


After release, your case will proceed through the Broward County criminal court system — beginning with an arraignment at which formal charges are presented and a plea is entered, followed by pretrial hearings during which defense motions may be filed, then a potential plea negotiation phase, and ultimately trial if the matter is not resolved before that stage. Each phase presents opportunities for an experienced DUI defense attorney to challenge the prosecution's evidence, expose procedural violations, and advocate for the most favorable outcome available in your specific case.

Florida DUI Laws and Penalties

Florida's DUI law is codified at Florida Statute § 316.193, which defines driving under the influence and establishes the penalties for conviction. Understanding what you are facing is the foundation of an effective defense strategy.

What Constitutes DUI in Florida

Under Florida Statute § 316.193, a person commits DUI when they are driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, controlled substances, or chemical substances to the extent that their normal faculties are impaired, or when their blood or breath alcohol concentration (BAC) is .08% or higher. Critically, Florida's DUI law applies not only to driving but to being in "actual physical control" of a vehicle — meaning that you can be charged with DUI even if the vehicle is stationary, provided you were in a position to operate it. Commercial drivers face a stricter standard of .04% BAC under both Florida law and federal commercial motor vehicle regulations.

First DUI Offense

A first DUI conviction in Florida under Florida Statute § 316.193(2)(a) carries the following potential penalties: a fine of $500 to $1,000 (up to $2,000 if BAC was .15% or higher or a minor was in the vehicle), up to six months in jail (up to nine months for enhanced BAC or minor in vehicle), mandatory probation with a total sentence not exceeding one year, fifty hours of community service, vehicle impoundment for ten days, mandatory attendance at a DUI substance abuse course, a psychosocial evaluation, and license revocation for a minimum of 180 days. An ignition interlock device is required for one year if BAC was .15% or higher.

Second DUI Offense

​A second DUI conviction carries significantly enhanced penalties, including a fine of $1,000 to $2,000 (up to $4,000 for enhanced BAC or minor in vehicle), up to nine months in jail, a mandatory minimum of ten days in jail if the second offense occurs within five years of the first, license revocation for a minimum of five years if the second offense occurs within five years of the first, and mandatory ignition interlock device installation for two years after license reinstatement.

Third DUI Offense

A third DUI conviction within ten years of a prior DUI conviction is a third-degree felony under Florida Statute § 316.193(2)(b)3, carrying a maximum of five years in prison, a fine of up to $5,000, and mandatory license revocation for a minimum of ten years. A third conviction more than ten years after the prior conviction is a misdemeanor but still carries enhanced penalties including a minimum $2,000 fine and mandatory thirty days in jail.

DUI With Serious Bodily Injury

When a DUI results in serious bodily injury to another person, the charge is elevated to a third-degree felony under Florida Statute § 316.193(3)(c)1, carrying up to five years in prison and a $5,000 fine. When a DUI results in the death of another person — DUI manslaughter — the charge is a second-degree felony under Florida Statute § 316.193(3)(c)2, carrying up to fifteen years in prison. DUI manslaughter with knowledge that an accident occurred and leaving the scene is a first-degree felony carrying up to thirty years in prison.

License Suspension and the DHSMV Hearing

In addition to any court-ordered license revocation following conviction, Florida's implied consent law — codified at Florida Statute § 316.1932 — provides for an administrative license suspension that is separate from and parallel to the criminal proceedings. If you submitted to chemical testing and registered a BAC of .08% or higher, your license is administratively suspended for six months on a first offense and twelve months on a subsequent offense. If you refused chemical testing, your license is suspended for twelve months on a first refusal and eighteen months on a subsequent refusal — and a second refusal is a separate first-degree misdemeanor under Trenton's Law, effective October 1, 2025. You have ten days from the date of arrest to request a formal review hearing to challenge the administrative suspension. The Law Offices of Richard Corey, PLLC pursues this hearing aggressively on behalf of every DUI client — because the administrative suspension and the criminal case are two separate battles, and winning the administrative hearing can preserve your driving privileges while the criminal case proceeds.

DUI Defense Strategies in Florida

A DUI charge is not automatically a DUI conviction. Florida law requires the prosecution to prove every element of the offense beyond a reasonable doubt — and experienced DUI defense counsel identifies every weakness in the prosecution's case, challenges every piece of evidence that was not collected or handled correctly, and pursues every available defense theory to protect the client's rights and freedom.

Challenging the Legality of the Traffic Stop

The Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution protect individuals from unreasonable searches and seizures — including unlawful traffic stops. A law enforcement officer must have reasonable articulable suspicion of a traffic violation or criminal activity before initiating a traffic stop. If the stop was not supported by sufficient legal justification, a motion to suppress the evidence obtained as a result of the stop — including all observations of impairment, the results of field sobriety exercises, and the results of chemical testing — may result in the exclusion of that evidence and the dismissal of the charges.

Challenging Field Sobriety Exercises

Field sobriety exercises — including the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test — are the primary tools law enforcement officers use to develop probable cause for a DUI arrest. These exercises are not infallible measures of impairment. Numerous factors unrelated to alcohol consumption can affect performance on field sobriety exercises, including age, weight, physical condition, footwear, road surface, lighting conditions, anxiety, fatigue, and pre-existing medical conditions. The Law Offices of Richard Corey, PLLC examines every aspect of the field sobriety exercise administration — including whether the officer was properly trained, whether the exercises were administered according to the standardized NHTSA protocol, and whether the conditions under which they were conducted were fair and documented accurately in the police report.

Challenging Breath Test Results

The Intoxilyzer 8000 is the breath testing device used in Florida DUI cases. While the results of a properly administered breath test are significant evidence, they are not incontrovertible. Breath test results can be challenged on the grounds of improper instrument calibration and maintenance, failure to observe the subject for the required twenty-minute deprivation period before testing, medical conditions that affect breath test readings (including acid reflux, GERD, and diabetes), improper administration of the test by the officer, and errors in the handling and storage of the test results. The Law Offices of Richard Corey, PLLC reviews all breath test maintenance records, calibration logs, and officer training records in every DUI case involving a breath test to identify any basis for challenging the reliability of the result.

Challenging Blood Test Results

In DUI cases involving blood draws — typically in accident cases or cases involving unconscious subjects — the chain of custody, collection procedure, storage conditions, and laboratory analysis of the blood sample are all subject to challenge. Improper collection technique, contamination of the sample, improper storage temperature, and laboratory error can all affect the reliability of blood alcohol results. The Law Offices of Richard Corey, PLLC retains forensic toxicology experts in appropriate cases to analyze the blood test results and identify any basis for challenging their admissibility or reliability.

Rising Blood Alcohol Defense

Alcohol is absorbed into the bloodstream over a period of time following consumption — meaning that a person's BAC at the time they were driving may have been lower than their BAC at the time of testing, if sufficient time elapsed between the stop and the administration of the breath or blood test. The rising blood alcohol defense — supported by toxicology expert testimony regarding the rate of absorption and the timeline of events — can be a powerful challenge to the prosecution's evidence in cases where the defendant's BAC was close to the legal limit.

Challenging Probable Cause for Arrest

Even if the initial traffic stop was lawful, a DUI arrest must be supported by probable cause — sufficient evidence to lead a reasonable officer to believe that the suspect was driving under the influence. If the observations documented in the officer's report do not support a finding of probable cause — or if the officer's testimony at hearing is inconsistent with the bodycam or dashcam footage — a motion to suppress the arrest and all evidence flowing from it may be viable.

Types of DUI Cases We Handle

The Law Offices of Richard Corey, PLLC handles the full range of DUI and impaired driving matters throughout Broward County and South Florida, including:

First DUI

A first DUI arrest is a serious matter that deserves experienced legal representation — not a guilty plea entered without thorough evaluation of every available defense. Even a first DUI without aggravating factors carries the potential for jail time, license suspension, fines, and a permanent criminal record. The Law Offices of Richard Corey, PLLC evaluates every first DUI case for opportunities to challenge the stop, the arrest, and the evidence — and pursues the best available outcome whether that is dismissal, a reduction to reckless driving, or a negotiated plea that minimizes the long-term consequences for the client.

Felony DUI

A third DUI conviction within ten years, a DUI resulting in serious bodily injury, DUI manslaughter, and DUI with a prior felony DUI conviction are all felony DUI offenses in Florida carrying the potential for prison sentences, permanent loss of driving privileges, and devastating long-term consequences. The Law Offices of Richard Corey, PLLC brings the full weight of its civil and criminal litigation experience to felony DUI defense — treating these high-stakes cases with the preparation and strategic depth that the severity of the charges demands.

DUI With Accident

When a DUI arrest arises from an accident — whether a minor fender-bender or a serious multi-vehicle collision — the legal stakes are significantly elevated. Accident-related DUI cases frequently involve more extensive evidence, including accident reconstruction analysis, vehicle damage documentation, witness testimony, and in injury cases, medical records and expert testimony. They also frequently involve parallel civil liability exposure, requiring a defense strategy that accounts for both the criminal proceedings and any civil claims arising from the same incident.

DUI Manslaughter

DUI manslaughter is among the most serious criminal charges in the Florida Statutes — a second-degree felony carrying up to fifteen years in prison with a minimum mandatory four-year sentence under Florida Statute § 316.193(3)(c)2. These devastating cases require defense counsel with genuine trial experience, command of forensic evidence, and the strategic judgment to evaluate every available defense and mitigation argument from the first day of representation.

Underage DUI

Florida's zero-tolerance law under Florida Statute § 322.2616 provides that a driver under 21 years of age with a BAC of .02% or higher is subject to a six-month license suspension — and standard DUI charges apply if the BAC is .08% or higher. An underage DUI conviction can have severe long-term consequences for a young person's educational and professional future, making experienced legal representation essential from the outset.

Drug DUI

DUI in Florida is not limited to alcohol — impairment by prescription medications, marijuana, controlled substances, and chemical substances all constitute DUI under Florida Statute § 316.193. Drug DUI cases present unique evidentiary challenges, including the reliability and admissibility of urine and blood drug testing, the interpretation of drug concentration levels by toxicology experts, and the distinction between the presence of a substance in the bloodstream and actual impairment at the time of driving.

The DUI Case Process in Broward County

Arraignment

​The arraignment is the first formal court appearance in a DUI case, at which the charges are presented and a plea is entered. The Law Offices of Richard Corey, PLLC enters a plea of not guilty at arraignment in every DUI case — preserving all available defense options and establishing the foundation for the pretrial phase of the proceedings.

Pretrial Motions

​The pretrial phase is often the most critical stage of a DUI defense. Motions to suppress evidence — challenging the legality of the stop, the arrest, or the chemical testing — are filed and argued before the judge during this phase. A successful motion to suppress can result in the exclusion of key evidence and, in many cases, the dismissal of the charges. The Law Offices of Richard Corey, PLLC approaches the pretrial motion phase with the analytical rigor of experienced civil litigators — researching every applicable legal authority, preparing detailed written motions, and arguing them persuasively in the Broward County courtroom.

Plea Negotiations

Many DUI cases are resolved through plea negotiations — either a reduction of the DUI charge to reckless driving (which avoids the DUI conviction's most severe consequences) or a negotiated plea to the DUI charge itself with agreed-upon terms that minimize sentencing exposure. The Law Offices of Richard Corey, PLLC approaches plea negotiations from a position of demonstrated case strength — because the prosecution's willingness to offer favorable terms is directly correlated with the quality of the defense that has been built and the credibility of the attorney's trial threat.

Trial

When plea negotiations do not produce an acceptable resolution — or when the evidence supports a viable trial defense — the matter proceeds to trial before a Broward County judge or jury. The Law Offices of Richard Corey, PLLC prepares every DUI case for trial from the first day of representation. Our civil litigation background means we are genuine trial attorneys — not lawyers who settle cases because they lack trial experience. We cross-examine law enforcement officers with precision, present expert testimony effectively, and argue the facts and law to juries with the persuasive advocacy that serious DUI defense demands.

How Our Fort Lauderdale DUI Defense Lawyers Fight for You

The most important decision you will make after a DUI arrest in Broward County is who represents you. The outcome of a DUI case — whether it results in dismissal, reduction, or conviction — is heavily influenced by the quality and experience of defense counsel. The Law Offices of Richard Corey, PLLC approaches every DUI defense with the same preparation standards we bring to complex civil litigation: thorough investigation of the facts, rigorous analysis of every piece of evidence, identification of every available defense theory, and relentless advocacy at every stage of the proceedings.


We begin every DUI representation immediately — requesting the DHSMV formal review hearing within the ten-day window, obtaining and reviewing all available evidence including bodycam footage, dashcam footage, dispatch records, breath test maintenance logs, and the officer's training records, and developing the defense strategy that best fits the specific facts of the case. We keep our clients informed at every stage of the process — because understanding what is happening in your case and why is essential to making the decisions that will shape your outcome.


Richard P. Corey has been featured in USA Today, Yahoo News, and Influencive, is a TEDx Ocala 2025 speaker, and is a Member of the Bar of the Supreme Court of the United States and admitted to practice in the United States District Court for the Southern District of Florida. His experience in complex, multi-party civil litigation — including federal proceedings — means he brings genuine courtroom preparation and analytical discipline to every criminal defense matter the firm handles.

Why Choose The Law Offices of Richard Corey, PLLC as Your DUI Defense Lawyer in Fort Lauderdale?

Choosing the right DUI defense lawyer is the most consequential decision you will make after your arrest. The difference between an attorney who reviews the police report and enters a plea and one who conducts a thorough independent investigation, challenges every piece of evidence, and prepares the case for trial is often the difference between a DUI conviction on your permanent record and a dismissal, reduction, or acquittal.


Managing Attorney Richard P. Corey has been recognized as a Super Lawyers Rising Star in civil litigation for three consecutive years — a distinction awarded to fewer than 2.5% of attorneys in Florida. Our firm is boutique by design. Every DUI client works directly with Richard — not a paralegal, not a junior associate — and receives the focused, senior-level legal attention that a matter affecting your freedom, your record, and your future demands. We represent DUI defendants throughout Fort Lauderdale, Broward County, Miami-Dade County, and Palm Beach County.

Serving DUI Defense Clients Throughout South Florida

The Law Offices of Richard Corey, PLLC represents DUI defense clients throughout:

​

  • Fort Lauderdale

  • Broward County

  • Miami

  • Miami-Dade County

  • Boca Raton

  • West Palm Beach

  • Palm Beach County

  • Pompano Beach

  • Hollywood

  • Coral Springs

  • Plantation

  • Davie

  • Deerfield Beach

  • Weston

  • All of South Florida

 

We handle DUI defense matters in Florida state courts statewide and in the United States District Court for the Southern District of Florida.

Schedule a Consultation With a Fort Lauderdale DUI Defense Lawyer

If you have been arrested for DUI in Fort Lauderdale or Broward County, do not wait. You have ten days from the date of your arrest to request the DHSMV hearing that protects your driving privileges. Contact The Law Offices of Richard Corey, PLLC today.


The Law Offices of Richard Corey, PLLC
915 Middle River Drive, Suite 408
Fort Lauderdale, FL 33304
Phone: (954) 789-0461
Email: legal@rcenterpriselaw.com

Website: rcenterpriselaw.com

Related Practice Areas

A DUI arrest frequently triggers consequences that extend beyond the criminal proceedings. Our criminal defense attorneys represent clients across the full spectrum of criminal matters throughout Fort Lauderdale and South Florida. When a DUI results in an accident with serious injuries, our personal injury practice provides the civil litigation representation that injured parties need to pursue full compensation. When a DUI or criminal charge threatens a healthcare professional's license or career, our healthcare professionals defense practice provides the specialized representation these high-stakes licensing matters demand.

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