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Florida DUI Sentences Must Allow Time to Complete Mandatory DUI School
One of the most common cases people can run into is misdemeanor DUI. Drinking has been a major hobby for millions of Americans for decades, and everyone knows someone who has had a DUI. What they don’t know is that DUI sentencing courts must structure probation and jail terms in a way that actually allows the defendant to complete mandatory DUI school and treatment. In Garrett v. State (2nd DCA), the appellate court affirmed the DUI conviction—but reversed the sentence because it made compliance with statutory requirements practically impossible.
When you hear that a charge of DUI carries a penalty of up to a year in jail (for example when there has been an accident or second offense), a problem pops up because the legislature has made the DUI sentencing statute require a treatment component (which is quite reasonable). But for years under extreme circumstances judges will give out the maximum sentence for a DUI, which now is being challenged in the appellate Court. The Garrett case discussed here provides a perfect example of what went wrong and what a proper DUI sentence should look like.
This case underscores a key principle of Florida law: a DUI sentence is illegal if it does not provide enough probationary time for completion of mandatory substance abuse education and evaluation.
Case Overview: Garrett v. State
Bryan Curtis Garrett was convicted by a jury of misdemeanor DUI under § 316.193(1), Florida Statutes (2023). The trial court imposed the following sentence:
- 12 months of probation
- 364 days in jail, with credit for one day served
- Requirement to complete:
- Multiple Offender DUI School
- Substance abuse evaluation
- Any recommended treatment
- Payment of associated costs
Garrett appealed, arguing that his sentence was illegal because the jail portion of the sentence effectively prevented him from completing the mandatory DUI program required by Florida law. The appellate court agreed—and reversed the sentence.
Florida Law Requires DUI Offenders to Complete DUI School and Treatment
Florida’s DUI statute imposes mandatory conditions that courts cannot ignore or undermine through sentencing structure.
Key statutory provisions include:
- § 316.193(1), Fla. Stat. (2023): DUI offense defined
- Makes it unlawful to drive or be in actual physical control of a vehicle while impaired by alcohol or drugs or with a blood-alcohol level of 0.08 or higher.
- § 316.193(2)(b)2, Fla. Stat.: Maximum penalties
- A second DUI conviction can result in:
- Fine between $2,000 and $5,000
- Up to 12 months in jail
- A second DUI conviction can result in:
- § 316.193(5), Fla. Stat.: Mandatory probation and DUI school
- Requires courts to:
- Place DUI offenders on probation
- Require completion of a substance abuse course conducted by a DUI program licensed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
- Require a psychosocial evaluation
- Require treatment if recommended
- Requires courts to:
- § 322.292, Fla. Stat.: Licensing and regulation of DUI programs
- Establishes the DHSMV’s authority to regulate and license DUI education programs to ensure standardized substance abuse education and evaluation.
These statutory requirements are mandatory—not discretionary.
The Legal Problem: Jail Time Prevented Completion of DUI School
Garrett’s sentence included 364 days in jail and 12 months of probation, but because the jail term consumed nearly the entire probation period, Garrett had no meaningful opportunity to complete DUI school while on probation. Florida appellate courts have consistently held that this type of sentencing structure violates the statute. For example: Archer v. State, 332 So. 3d 24 (Fla. 2d DCA 2021) Held that DUI sentences must include probation long enough to allow completion of DUI school. Powers v. State, 316 So. 3d 352 (Fla. 4th DCA 2021) Confirmed that probation must be structured to permit completion of mandatory substance abuse courses. Coullias v. State, 417 So. 3d 515 (Fla. 1st DCA 2025) Reinforced that DUI sentences must include sufficient probation time to complete substance abuse programs.
The Garrett court explained that compliance with the statute would have “necessarily reduced” Garrett’s jail sentence.
Why This Decision Matters
This case highlights several important principles for anyone facing DUI charges in Florida:
- DUI sentences must comply with mandatory statutory requirements – Courts cannot impose jail sentences that effectively prevent completion of mandatory DUI school and treatment.
- Illegal DUI sentences can be corrected on appeal. Even when a conviction is upheld, an illegal sentence must be reversed and corrected.
- Sentencing structure matters—not just total sentence length A sentence can be unlawful even if it falls within the statutory maximum if it prevents compliance with mandatory probation conditions.
- 4. Prior treatment does not automatically satisfy DUI requirements. Only state-licensed DUI programs qualify under Florida law.
Facing DUI Charges in Florida? Landsman Law Can Help
DUI charges carry serious consequences, including jail, probation, license suspension, and long-term criminal records. Proper legal representation can make a critical difference in both the outcome of the case and the legality of the sentence imposed.
Landsman Law represents clients throughout Florida in DUI cases, probation violations, misdemeanor and felony charges of all kinds.
If you or a loved one is facing DUI charges, contact Landsman Law today to discuss your case and protect your rights.
Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, Marion and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.