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Being arrested for Driving Under the Influence of Alcohol can be a very frightening experience. Understanding the law, the facts of the case, and the entire legal process ahead can bring relief. 

To ensure that you're prepared, let's walk through best practices to follow when facing a DUI charge.

Advice in the Event of Arrest: 

If you are ever in an unfortunate position of being arrested for a DUI, it is vital to note that you should not resist the arrest in any way. If you do, you could put your safety at risk. In addition, you might also set yourself up for additional criminal charges. 

Once you are arrested, you will be brought to the county jail to be processed. This can be a long, tedious process; normally the police agency will list the bail bond amount you need to pay to be released on its own.

What to Expect: DUI Case 

It’s important to note that when a criminal DUI case begins, an additional administrative case with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) also commences. If you are arrested for a DUI and you blow over the legal limit of .08 or if you refuse to take the breath test, your driver’s license will be suspended for 10 days following the arrest. Ironically, your DUI citation is now your “temporary license” in this time period. You now have those 10 days to request a formal hearing to contest this administrative suspension. Because the hearing might be scheduled for several weeks after the request, you will be given a temporary hardship license while waiting for your hearing.

What to Expect: Criminal Case 

Meanwhile, in your criminal case, the first court date after your arrest is the arraignment. This court date is important for a couple of reasons. Firstly, this is the deadline for the state attorney to file their Information, which is the official charging document. Secondly, it is the date that you need to officially declare whether you are pleading “Guilty” or “Not Guilty.” As your attorney, I will take care of this arraignment date on your behalf by formally filing a written “Plea of Not Guilty.” In addition to this document, I also file a “Demand for Discovery,” which is a formal request to the state attorney that they disclose to us all of the evidence they would present in their case. 

Once we receive the evidence from the state attorney, we will inspect all of it together. This may include police reports, witness statements, photos, videos, or medical reports. If we determine that there is evidence that we want to use for your case in chief, we will have to file “Reciprocal Discovery” for the state attorney to examine as well. If there is evidence being provided by the state that we feel violates your constitutional rights, such as evidence from an illegal search and seizure, we have the opportunity to file a “Motion to Suppress.” At the hearing, based on this motion, the judge may declare some or all of the state attorney’s evidence to be inadmissible. 

In examining the evidence for a DUI case, it is important to note exactly what the state attorney needs to prove beyond a reasonable doubt. The state attorney first needs to prove that you were either driving a car, or you were in actual physical control of a working vehicle. The state must further prove that while driving, or in actual physical control, you were either under the influence of alcohol or a controlled substance to the extent that your normal faculties were impaired, or your blood/ breath alcohol level was .08 or more.

Law By Bazaz Experience

If you have been arrested for a DUI, it is essential that you have an experienced attorney fighting for your constitutional rights.  With over 20 years of experience in jury trial, we are committed to representing our clients with the highest level of advocacy, zeal, and competency. We will fight to deliver the best possible results, while also making sure you feel supported every step of the way. In addition, we are committed to staying current with the latest developments in DUI law, allowing us to remain at the forefront of the legal field.

Invest in your rights and contact Law by Bazaz for your free consultation today.