When you get a DUI (Driving Under the Influence) in Florida, the legal and administrative consequences can be severe and long-lasting. Understanding what to expect can help you navigate the process and prepare your defense. Here is a comprehensive overview of what happens when you are charged with a DUI in Florida.

The Arrest Process

Traffic Stop and Initial Contact

The process typically begins with a traffic stop. Law enforcement may pull you over for erratic driving, a traffic violation, or as part of a DUI checkpoint. During the initial contact, the officer will look for signs of impairment, such as the smell of alcohol, slurred speech, or bloodshot eyes.

Field Sobriety Tests

If the officer suspects impairment, you may be asked to perform field sobriety tests (FSTs). These tests assess your balance, coordination, and ability to follow instructions. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus.

Breathalyzer Test

The officer may also administer a breathalyzer test to measure your blood alcohol concentration (BAC). In Florida, a BAC of 0.08% or higher is considered over the legal limit. Refusing to take the breathalyzer test can result in immediate administrative penalties, including license suspension.

Booking and Initial Detention

Arrest

If the officer has probable cause to believe you are impaired, you will be arrested and taken into custody. Your vehicle may be impounded, and you will be transported to the police station or a local jail for booking.

Booking Process

During booking, law enforcement will take your fingerprints, photograph, and personal information. You will be held in custody until you can be released on bail or bond, or until your initial court appearance.

Administrative Penalties

The 10-Day Rule

Upon arrest, the officer will typically confiscate your driver’s license and issue a "Notice of Suspension," which serves as a temporary driving permit valid for ten days. During this period, you must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension of your driver’s license. Failure to do so results in an automatic administrative suspension.

License Suspension

  • First Offense: A first-time DUI offense results in a six-month license suspension.
  • Second Offense: A second offense within five years results in a minimum five-year suspension.
  • Third Offense: A third offense within ten years results in a minimum ten-year suspension.

Hardship License

You may be eligible for a hardship license, which allows you to drive for limited purposes, such as work, school, or medical appointments. To obtain a hardship license, you must complete a DUI education program and provide proof of enrollment.

Criminal Penalties

Fines

  • First Offense: Fines range from $500 to $1,000. If the BAC is 0.15% or higher, or if a minor was in the vehicle, fines increase to $1,000 to $2,000.
  • Second Offense: Fines range from $1,000 to $2,000. If aggravated, fines increase to $2,000 to $4,000.
  • Third Offense: Fines can reach up to $5,000.

Jail Time

  • First Offense: Jail time can be up to six months. With aggravating factors, it can increase to nine months.
  • Second Offense: Up to nine months, or twelve months with aggravating factors. A second conviction within five years carries a mandatory minimum of ten days in jail.
  • Third Offense: Classified as a third-degree felony with up to five years in prison and a mandatory minimum of thirty days in jail.

Probation

Probation is often included in the sentence. For a first offense, probation combined with jail time cannot exceed one year. Probation conditions include regular check-ins with a probation officer, DUI school, community service, and potentially substance abuse treatment.

The Criminal Justice Process

Initial Appearance

Shortly after the arrest, you will have an initial court appearance where the charges are formally read, and bail conditions are set. This hearing is crucial for setting the course of the case.

Arraignment

During the arraignment, you will enter a plea of guilty, not guilty, or no contest. Your attorney will advise you on the best plea based on the specifics of your case.

Pre-Trial Motions and Discovery

Both the prosecution and defense will exchange evidence and file pre-trial motions to address specific legal issues. Your attorney may file motions to suppress evidence, dismiss charges, or request discovery of the prosecution’s evidence.

Plea Bargaining

Many DUI cases are resolved through plea bargaining. Your attorney can negotiate with the prosecution for reduced charges or lighter sentences, potentially avoiding a trial.

Trial

If a plea agreement is not reached, the case proceeds to trial. Both sides will present evidence and arguments before a judge or jury. The prosecution must prove your guilt beyond a reasonable doubt.

Sentencing

If convicted, the judge will determine the sentence based on various factors, including the severity of the offense, your criminal history, and any mitigating circumstances.

Common Defenses Against DUI Charges

Several defenses can be employed to challenge DUI charges in Florida, focusing on procedural errors, the reliability of evidence, and constitutional violations.

Unlawful Traffic Stop

One common defense is that the traffic stop was unlawful. Law enforcement must have reasonable suspicion to initiate a traffic stop. If the officer lacked reasonable suspicion, any evidence obtained during the stop may be suppressed.

Faulty Field Sobriety Tests

Field sobriety tests are subjective and can be influenced by various factors such as medical conditions, fatigue, or poor test instructions. Challenging the administration and interpretation of these tests can be an effective defense.

Inaccurate Breathalyzer Results

Breathalyzer devices must be properly calibrated and maintained. Additionally, the test must be administered correctly. Any deviations from protocol can lead to inaccurate results.

Blood Test Errors

Blood tests are considered more accurate than breath tests but are still subject to potential errors. Issues such as improper collection, storage, or contamination can affect the results.

Medical Conditions

Certain medical conditions, such as acid reflux or diabetes, can affect BAC readings. Arguing that a medical condition influenced the test results can be a valid defense.

Why You Need an Attorney and Why Choose Musca Law, P.A.

Facing DUI charges in Florida is a serious matter that requires expert legal representation. Here are several reasons why defendants need an attorney and why Musca Law, P.A. is the right choice:

Knowledge of DUI Law

An experienced DUI attorney understands the complexities of DUI laws and the specific challenges associated with defending against these charges. They can provide invaluable guidance, build a strong defense, and advocate for the defendant's rights throughout the legal process.

Strategic Defense Planning

An attorney can develop a comprehensive defense strategy tailored to the specifics of the case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court.

Negotiation Skills

Many DUI cases are resolved through plea bargaining. An experienced attorney can negotiate with the prosecution to secure favorable outcomes, such as reduced charges or lighter sentences. Effective negotiation can significantly impact the case's outcome.

Protecting Constitutional Rights

An attorney ensures that the defendant's constitutional rights are protected throughout the criminal justice process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.

Proven Track Record

Musca Law, P.A. has a team of experienced DUI defense attorneys with a proven track record of success in handling DUI cases. Their extensive experience and dedication to their clients have resulted in favorable outcomes for many individuals facing similar charges.

Comprehensive Legal Support

Musca Law, P.A. provides comprehensive legal support, including representation at all stages of the criminal justice process. They are committed to achieving the best possible outcome for their clients and are available 24/7 to address any legal concerns.

Call Musca Law For Your Free Consultation

If you are facing DUI charges in Florida, it is crucial to act quickly and seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced DUI defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.