Law Office of Cory Chastang, P.A.

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Law Office of Cory Chastang, P.A.

Trust A Lawyer With Almost Two Decades Of Criminal Trial Experience

DUI Defense From An Expert Criminal Defense Lawyer

DUI is a very common offense, but that does not mean it is not a serious matter. It may be routine for law enforcement, but for the alleged offender, it is something that they must act on immediately. If not, they risk their license, freedom and future opportunities.

I am DUI defense lawyer Cory Chastang. I have been practicing law for nearly 20 years, and I am board-certified in criminal trial practice in Florida. This makes me a Florida criminal defense expert, which is quite rare. I am also a former prosecutor, which gives me a unique insight into how the state will prosecute each case. I use this knowledge to prepare a thorough and strategic defense against DUI charges. Speak with me today about how I can help you fight DUI charges in Polk and Highlands counties.

What Charges Are You Facing?

I can defend you against any type of DUI charge in Florida, including:

  • Misdemeanor and felony DUI
  • First-offense DUI
  • Subsequent DUI offenses
  • Aggravated DUI (BAC of .15% or higher)
  • DUI drugs
  • DUI with a commercial driver’s license (CDL)
  • DUI on a suspended license
  • DUI with a minor in the vehicle
  • DUI causing property damage
  • DUI with serious bodily injury
  • DUI manslaughter

In my practice, I take on many serious DUI cases. Regardless of the severity of your charges, I can defend your rights.

The Penalties For A Conviction Are Harsh

A conviction for DUI in Florida comes with many penalties and associated consequences, such as:

  • Jail or prison time
  • The suspension of your driving privileges
  • Your vehicle being impounded for at least 10 days
  • Steep fines, up to $1,000 for a first offense with a BAC of .08% to .14%
  • Mandatory substance abuse evaluation and counseling at your expense
  • DUI school
  • Possible job loss
  • Probation
  • Community service
  • Expensive auto insurance for people convicted of DUI

Additionally, it is important to understand that you cannot expunge a DUI conviction in Florida. This means you will have a permanent criminal record, regardless of how long it has been since the DUI happened.

There Are Defenses To DUI Charges

You may feel as if your case is hopeless, but there are several valid defenses to DUI charges in Florida. Each case is unique, of course, but these are some of the possible defenses to DUI:

  • There was no probable cause for the officer to pull you over. If there was no probable cause, I will argue for the suppression of the evidence, if there was any.
  • The field sobriety tests and/or breathalyzer tests were not given to you correctly. The breath test machine could be improperly calibrated or not operated by someone qualified to do so. Field sobriety tests often have flaws in their execution.
  • You have a medical condition that triggered a false positive on the breathalyzer.
  • You did not know you had alcohol or drugs in your system.

This is not an exhaustive list, so please talk with me about the specifics of your arrest, and we’ll see if I can help you.

You Only Have 10 Days After The Arrest To Protect Your License

To continue to have any driving privileges, you must request an administrative hearing to challenge the suspension of your driver’s license within this time frame. Plus, this hearing can be a useful exercise in questioning the arresting officer and spotting any weaknesses in the case.

DUI Defense FAQs

The following FAQs provide clear guidance on common DUI questions and explain how recent legal changes, including Trenton’s Law, may affect your case. 

How long does a DUI stay on my record in Florida?

When you are convicted of a DUI under Florida law, the impact is long‑lasting. A DUI conviction essentially remains on your criminal record permanently. To break it down further, convictions appear on your record for up to 75 years, which, for most purposes, means for life. Because a DUI stains your record for so long, exploring all options and working toward the best possible outcome is critical. 

Can a first‑time DUI be dismissed in Florida?

Yes, in limited circumstances, a first‑time DUI charge may be dismissed, but it is neither automatic nor common. Factors making dismissal more likely include:

  • An unlawful stop or lack of probable cause
  • Inadequate or faulty testing 
  • Rights violations during arrest or processing
  • Strong defense early on

If the charge is dismissed or you are found not guilty, you may avoid having the conviction on your permanent record, but once there is a conviction, it stays. 

Is your license suspended immediately after a DUI in Florida?

In many cases, the driver’s license is suspended or administratively restricted almost immediately after the arrest. Under Florida’s implied consent law and administrative suspension rules, if you were arrested for DUI and either your blood alcohol level was .08% or higher or you refused a lawful chemical test, the license suspension process begins swiftly. 

Typically, you have 10 days from the date of arrest to request a hearing to challenge the suspension. If you do not, the suspension (administrative) takes effect on the 11th day. 

What happens when you refuse a breathalyzer in Florida?

Refusing a lawful breath, blood or urine test after a DUI arrest has serious consequences, and under the new Trenton’s Law, the stakes are even higher. Before October 1st, 2025, a first refusal led to an administrative driver’s license suspension of up to one year, but not a criminal charge. 

However, under Trenton’s Law, effective October 1st, 2025, a first refusal to submit to a lawful breath or urine (or other chemical) test becomes a second‑degree misdemeanor, punishable by up to 60 days in jail and a fine, in addition to administrative suspension. 

A second or subsequent refusal is a more serious offense (first‑degree misdemeanor) with higher potential jail time. 

Act Today To Minimize The Potential Consequences Of A DUI

You don’t want to go to jail or lose your driver’s license for an extended period of time. That is why it is important to contact a Florida DUI defense lawyer right away after an arrest. It is best to request an attorney as soon as possible so you do not accidentally say something that will compromise your defense.

You can contact me at the Law Office of Cory Chastang, PA, in Bartow for a consultation to discuss your specific situation. Please call me at 863-600-8596 or contact me online through this website if you prefer.