The short answer
Sometimes. A Florida DUI can be dismissed when the evidence has a legal problem, such as an illegal stop, a faulty breath or blood test, or proof the state can't produce. It's more common to get the charge reduced, but a judge can't accept a plea to a lesser charge if your test showed 0.15 or higher (§ 316.656, Florida Statutes).
How do you get a DUI dismissed in Florida?
Sometimes. A Florida DUI can be dismissed when the evidence has a legal problem: an illegal stop, a flawed breath or blood test, missing records, or a case the state cannot prove. It's more common for a lawyer to get the charge reduced, often to reckless driving. Judges cannot accept a plea to a lesser charge if your test showed 0.15 or higher.
That limit comes from § 316.656, Florida Statutes (2026 text, checked as of October 2026):
"No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more."
The charge itself, driving under the influence, is defined in § 316.193, Florida Statutes.
What does getting a DUI dismissed depend on?
Whether your DUI can be dismissed depends on the facts of your case. A judge dismisses the charge, or throws out key evidence, only when your lawyer shows a legal problem. These are the most common grounds:
- The stop: Police need a legal reason to pull you over. If they didn't have one, your lawyer can file a motion to suppress, which asks the judge to block the evidence. Without that evidence, the case often falls apart.
- The arrest: Officers need probable cause, meaning facts that would make a reasonable person believe you were impaired. Body camera video can support or undercut the officer's report.
- The test: Breath machines must be maintained and the operator must be certified. Blood samples must be drawn and stored correctly.
- The proof: Prosecutors must prove impairment, or a level of 0.08 or higher, beyond a reasonable doubt. Missing witnesses or lost video can weaken the case.
- Speedy trial: Under Florida Rule of Criminal Procedure 3.191, a misdemeanor must go to trial within 90 days. Since July 1, 2025, that clock starts when you are formally charged, not when you are arrested. The state also gets a 30-day grace period, and a dismissal on this ground is usually without prejudice, meaning the state can refile.
Deadline: Your license case is separate from your criminal case. You have only 10 days from the notice of suspension to ask for a review hearing with the Florida Department of Highway Safety and Motor Vehicles, under § 322.2615, Florida Statutes.
| Outcome | What it means | Main limit |
|---|---|---|
| Dismissal | The charge is dropped, often after evidence is suppressed | Needs a legal flaw in the stop, arrest, test or proof |
| Reduction | You plead to a lesser charge, such as reckless driving | Not allowed if your test showed 0.15 or higher (§ 316.656) |
| Not guilty at trial | A judge or jury finds the state didn't prove its case | Takes the longest and has the most uncertainty |
Frequently asked questions
How Much Are Court Fees in Florida for a DUI?
$135 at least, on top of the fine. Under § 938.07, Florida Statutes, a court cost of $135 is added to any DUI fine as of October 2026. Counties also add other costs and fees, so your total depends on where you were charged. The fine for a first DUI is $500 to $1,000.
Should I Get a Lawyer for a DUI in Florida?
Yes, in most cases. Finding a bad stop or a flawed breath test takes legal skill, and those flaws are how DUIs get dismissed or reduced. A lawyer can also handle your 10-day license hearing. If you can't afford one, ask the court for a public defender at your arraignment, your first court date.
What Are the Penalties for a First-Time DUI in Florida?
A $500 to $1,000 fine and up to 6 months in jail. Under § 316.193, Florida Statutes, a first conviction also brings up to 1 year of probation, at least 50 hours of community service, DUI school and 10 days of vehicle impoundment. A level of 0.15 or higher, or a minor in the car, raises the fine to $1,000 to $2,000 and jail to 9 months.
Can a DUI Affect My Employment in Florida?
Yes, it can. A DUI conviction shows up on background checks and on your driving record. That can matter most for jobs that involve driving, commercial licenses or professional licenses. A dismissal or a reduced charge usually limits that harm, which is one reason to fight the charge early.
Sources
- § 316.193, Florida Statutes: Driving under the influence; penalties, Florida Legislature
- § 316.656, Florida Statutes: Mandatory adjudication; prohibition against accepting plea to lesser included offense, Florida Legislature
- § 322.2615, Florida Statutes: Suspension of license; right to review, Florida Legislature
- § 938.07, Florida Statutes: Driving or boating under the influence, Florida Legislature
- In re: Amendments to Florida Rule of Criminal Procedure 3.191, No. SC2022-1123 (Fla. 2025), Supreme Court of Florida (via FlexLaw)