Criminal Defense

If you have been arrested for DUI, it is essential that you seek the counsel of an experienced DUI attorney as soon as possible. Our criminal defense lawyer, Galen Novotny, has represented numerous clients in which DUI charges have been dismissed, reduced or successfully resolved. With a thorough evaluation of the facts of your arrest, we will create an effective strategy that is designed to minimize or eliminate the impact of a DUI conviction on your life.

Florida DUI Law

Pursuant to Florida law, a person can be convicted of driving under the influence (DUI) if:
  • The state can prove the accused was driving while his or her normal faculties were impaired
  • The state can prove that the accused was operating a motor vehicle with a Blood or Breath Alcohol Content (BAC) of .08 or higher
With more than a decade of legal experience, Galen Novotny has the legal knowledge and advanced trial skills needed to help you fight DUI charges brought in either of these situations.


License Suspension | Automatic in Florida

If you are arrested for DUI, you only have 10 days from the date of your arrest to request a Formal Review with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to contest the administrative suspension of your driving privileges. Failure to timely request a Formal Review Hearing will result in an automatic suspension of your driver's license for 6, 12, or 18 months depending upon the facts of your situation.
Please contact our office immediately to timely request a Formal Review Hearing. Our office has successfully assisted many clients in challenging the administrative suspension of their driver's license as a result of a DUI arrest.


DUI Penalties in Florida

Under Florida law, a DUI conviction cannot be expunged or sealed. As such, DUI conviction should never be taken lightly, as it will cause many life-impairing consequences. Once you are convicted of DUI, your criminal record will be permanently damaged. This damage can limit your employment prospects, housing options, and educational opportunities.
In addition to having a criminal record, those convicted of DUI in Florida are typically subject to the following sentences.


First DUI Offense

  • Fine: $500 – $1,000
  • License Suspension: 6 months – 1 year
  • Imprisonment: 0 – 6 months
  • Vehicle Impoundment: At least 10 days
  • Probation: Typically 1 year
The penalties for a first DUI offense are more severe if there is an underage person in the vehicle, or if you blow .15 or more on the breath test. Additional penalties include mandatory installation of an ignition interlock device in your vehicle.


Second DUI Offense

  • Fine: $1,000 – $1,500
  • License Suspension: 5 years (if within 5 years of the prior)
  • Imprisonment: 10 days – 9 months
  • Vehicle Impoundment: Approximately 30 days
  • Probation: 1 year
  • Ignition Device: Approximately 1 year, depending on the breath test result


Third DUI Offense

  • Fine: $2,000 – $5,000
  • License Suspension: Approximately 1 year (but can be up to 10 years depending on priors)
  • Imprisonment: 30 days – 5 years
  • Vehicle Impoundment: Approximately 90 days
  • Probation: Up to 5 years
  • Ignition Device: Approximately 2 years



Emmanuel Sheppard & Condon Attorneys

Criminal Defense