Misdemeanor DUI Defense in Tampa
Most DUIs begin as misdemeanors — but outcomes vary.
We focus on license protection, discovery, and—where appropriate—RIDR or negotiated reductions.
DUI law: F.S. §316.193
Misdemeanor vs. Felony DUI (At a Glance)
- Misdemeanor: Most first/second DUIs without serious injury/death.
- Felony: Certain third DUIs within 10 years and DUIs involving serious bodily injury or manslaughter (charged/felony tier depends on facts).
Statute examples: F.S. §316.193 (felony provisions) (see (3) for injury/manslaughter; third within 10 yrs can be 3rd-degree felony)
What To Do in 10 Days (License)
You must request a BAR review within 10 calendar days or the 10-day permit (non-CMV) expires at midnight on day 10 and the suspension begins.
Sources: §322.2615 • FLHSMV
Defense Focus for Misdemeanor DUIs
- Stop/probable cause
- FST administration & conditions
- Breath/blood/urine testing (machine maintenance, observation period)
- Video vs. narrative inconsistencies
(We build strategy under §316.193.)
Refusal penalties (2025 update)
A first refusal of a lawful breath or urine test on/after Oct. 1, 2025 is a second-degree misdemeanor; a second or later refusal is a first-degree misdemeanor (§316.1939). This is in addition to the administrative suspension framework in §322.2615.
Can RIDR Apply?
For many first-time, non-aggravated DUIs, RIDR may be an option; completion can lead to a reduction to reckless (SAO decides eligibility).
Program: RIDR Info Sheet (PDF)
FAQ: Misdemeanor DUI
Is interlock required on a misdemeanor?
It depends on facts and offense count; statutes allow/require interlock in specific scenarios.
Interlock statutes: §316.1937 • §322.2715
Is a first refusal a crime now?
Yes—first refusals on/after Oct. 1, 2025 are second-degree misdemeanors under §316.1939 (with admin suspensions still applying under §322.2615).
Next Step
From deputy to defender — we’ll audit your case and protect your driving.