Understanding Your Right to Legal Counsel After a Florida DUI Arrest
Being arrested for driving under the influence (DUI) in Florida can feel overwhelming and stressful. Knowing your rights and when to call a lawyer can make a significant difference in the outcome of your case. Florida law provides critical protections to ensure you have access to legal counsel, but timing is everything.
Let’s discuss the crime of DUI, when you should contact a defense lawyer, and how retaining a private attorney can help defend against serious charges.
Defining DUI Under Florida Law
DUI is defined under Florida Statutes § 316.193 as operating a vehicle while impaired by alcohol or controlled substances or having a blood alcohol concentration (BAC) of 0.08% or higher. The law also applies if you are in actual physical control of the vehicle, even if it is not in motion.
A person can be charged with DUI based on:
- Impairment of normal faculties due to alcohol or drugs.
- BAC of 0.08% or higher, confirmed through breath, blood, or urine testing.
The law is strict, with penalties increasing based on factors such as repeat offenses, high BAC levels, and whether a minor was in the vehicle during the arrest.
When Can You Call a Lawyer After a Florida DUI Arrest?
The right to call a lawyer after an arrest in Florida arises once you have been taken into custody and are being questioned by law enforcement. Under the Fifth Amendment and Miranda Rights, you have the right to remain silent and the right to an attorney.
However, law enforcement is not required to offer you a lawyer immediately during a traffic stop or field sobriety tests. Here’s when you can call a lawyer:
- After You Are Arrested:
- Once arrested and in custody, you have the right to request an attorney before answering any questions.
- Before Chemical Testing:
- Florida’s Implied Consent Law (§ 316.1932) requires you to submit to a breath, blood, or urine test. However, calling a lawyer before taking the test can be restricted. Refusing the test without understanding the consequences can result in a one-year license suspension for a first refusal.
- At the Police Station:
- You can call an attorney once you are detained and before being questioned further.
- During the DHSMV Process:
- After a DUI arrest, you have 10 days to request a hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) to challenge a license suspension.
Requesting a lawyer early can prevent self-incrimination and protect your legal rights during questioning.
Best Defenses Against DUI Allegations in Florida
A DUI charge doesn’t automatically lead to a conviction. Several defenses can be used to challenge the allegations effectively.
Unlawful Traffic Stop
Law enforcement must have reasonable suspicion to initiate a traffic stop under Florida Statutes § 901.151. If the stop lacked a valid legal reason, any evidence gathered may be suppressed.
Faulty Field Sobriety Tests
Field sobriety tests are subjective and can be affected by medical conditions, poor lighting, uneven surfaces, or even anxiety. We can question whether the tests were properly administered and whether the results are reliable.
Inaccurate Breathalyzer Results
Breathalyzer machines must be properly maintained and calibrated under Florida Administrative Code Rule 11D-8. If the machine was not properly maintained, the BAC results can be challenged.
Lack of Probable Cause for Arrest
Even if you performed poorly on a sobriety test, the officer must have probable cause to make an arrest. If probable cause was lacking, the arrest may be contested.
Medical Conditions and Alternative Explanations
Certain medical conditions, such as diabetes, GERD, or neurological disorders, can mimic signs of intoxication. Additionally, fatigue or stress can affect balance and coordination during sobriety tests.
Violation of Miranda Rights
If law enforcement questions you after your arrest without reading your Miranda Rights, any statements made may be inadmissible in court.
Penalties for DUI in Florida
DUI penalties in Florida are severe and escalate based on BAC levels, repeat offenses, and aggravating factors. Under Florida Statutes § 316.193, penalties can include:
- First Offense:
- Up to 6 months in jail
- License suspension for 6-12 months
- Fines between $500 and $1,000
- DUI school and possible ignition interlock device
- Second Offense (within 5 years):
- Mandatory jail time of at least 10 days
- Fines up to $2,000
- License suspension for up to 5 years
- Third Offense (within 10 years):
- Felony DUI with up to 5 years in prison
- License revocation for 10 years
- Fines up to $5,000
- DUI with Property Damage or Injury:
- Up to 1 year in jail and fines up to $1,000
- DUI Manslaughter:
- Felony with up to 15 years in prison and fines up to $10,000
These penalties highlight the importance of securing legal representation as soon as possible.
Why Retaining a Private DUI Lawyer Matters
Hiring a private DUI defense attorney offers significant advantages when facing charges in Florida. While public defenders provide valuable legal services, they often face overwhelming caseloads and limited resources.
Key Benefits of a Private DUI Attorney:
- Personalized Defense Strategy:
- A private lawyer can focus more time on your case, examining evidence closely for errors or procedural mistakes.
- Experience with DUI Law:
- Familiarity with local courts, prosecutors, and DUI defense strategies makes a difference when negotiating plea deals or challenging evidence.
- Focus on License Preservation:
- A private attorney can assist with the 10-day DHSMV hearing to prevent automatic license suspension.
- Case Preparation and Investigation:
- Thorough investigation into field sobriety tests, chemical testing equipment, and officer conduct can reveal weaknesses in the case.
Investing in quality representation can protect your rights and improve the chances of a favorable outcome.
Florida Dui Arrest FAQs
When should I call a lawyer after a DUI arrest in Florida?
You have the right to call a lawyer after being arrested and taken into custody. If you are asked to submit to a chemical test under Florida’s Implied Consent Law, you may not have the right to speak with an attorney before deciding whether to comply. However, you should request legal counsel as soon as possible during questioning and before any court appearances.
Can I refuse a breath test during a DUI stop in Florida?
Yes, but refusing a breath test under Florida’s Implied Consent Law (§ 316.1932) results in automatic administrative penalties, including a one-year license suspension for a first refusal. A second refusal can lead to criminal charges with enhanced penalties.
Do I need a lawyer if it’s my first DUI offense in Florida?
Yes. Even a first-time DUI can result in license suspension, fines, and a criminal record. A lawyer can work to reduce or dismiss the charges, negotiate for a diversion program, or fight to have evidence suppressed.
What happens if I miss the 10-day window to request a DHSMV hearing?
If you miss the 10-day window, your license will be automatically suspended. A DUI attorney can still help you explore options for a hardship license or challenge the criminal case in court.
How can a DUI lawyer help with my case?
A DUI lawyer can challenge the legality of the stop, the accuracy of field sobriety and breathalyzer tests, and any procedural errors made during your arrest. A strong defense strategy can lead to reduced penalties, dismissed charges, or alternative sentencing options.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.