Driving Under the Influence (DUI)

Charges of DUI, Driving Under the Influence, DUI with bodily injury or DUI with Prior are serious and are prosecuted to the fullest extent of the law in Key West, Islamorada, Marathon, Tavernier, Key Largo and Plantation Key. 

As a former prosecutor and former public defender, Florida Keys and Key West Lawyer Maggie Gutierrez has the experience and knowledge to defend any DUI in Key West, Marathon, Plantation Key, Islamorada and the Florida Keys.  

Time is of the essence once you are arrested for a DUI.  If you do not know your DUI rights, your driver's license can be suspended and you can lose your license.  

Contact DUI Key West attorney Maggie Gutierrez and the Law Office of Margaret M. Gutierrez, P.L. for a FREE case evaluation and consultation.

At the  Law Office of Margaret M. Gutierrez, P.L. we will provide you with over 23 years of legal experience by former prosecutor Maggie Gutierrez.  

The Florida Keys Criminal & Traffic Attorneys at the  Law Office of Margaret M. Gutierrez, P.L.  serve the entire Florida Keys, including Key Largo, Islamorada, Marathon, Big Pine Key and Key West. 


DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The DUI penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Fines - s. 316.193(2)(a)-(b), F.S.

  • First DUI Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. 
  • Second DUI Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
  • Third DUI Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000. 
  • Fourth or Subsequent DUI Conviction: Not less than $2,000.

Community Service - s. 316.193 (6)(a), F.S.

First DUI Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.

First DUI conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

  • First DUI Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months. 
  • Second DUI Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive. 
  • Third DUI Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent DUI Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.