Being arrested for DUI in Florida can be an extremely stressful and overwhelming
experience. In this blog, our Miami DUI defense attorneys discuss the
basic steps of the DUI process here in Florida; although there are many
more steps, this should give you an idea of what to expect if you are
ever arrested for DUI.
Don’t plead guilty – get the tough defense you need by calling
This is where you DUI case begins. It’s important to try to remember
as much as you can about the arrest, as it can be used to strengthen your
defense later on. You’ll also want to comply with officers, and
should avoid talking or trying to argue with the police.
When you are taken to jail, law enforcement will record all of your personal
information, and will take your photo and fingerprints as well. They will
typically conduct another chemical blood alcohol test, and will remove
all of your personal items. Provided there are no other warrants, charges,
or holds outstanding, you will then be taken to a holding cell.
The arraignment is essentially the formal process in which the State tells
you whether or not they plan to charge you, and exactly which charges
are being filed against you. This is the step where you plead “guilty”
or “not guilty.” A Miami DUI lawyer can enter a “Notice
of Appearance” on your behalf, which tells the court that you are
denying the charges.
4. Pre-Trial Motions
This is one of the most important parts of the DUI process for your attorney,
as it can help them gather evidence to strengthen your case, and to weaken
the prosecution’s. Your attorney can work to suppress illegally
obtained evidence, exclude certain witnesses, and can even file a motion
to dismiss the charges.
5. Plea Bargains
Plea bargains are common for Florida DUI, but they are not all created
equally. Your attorney can work to negotiate a great plea deal on your
behalf, but may also advise you to fight the charges depending on your
unique circumstances. It’s important to hire a Miami DUI attorney
who is focused on your best interests.
If you have decided to fight the charges against you, the case will go
to trial. There are many steps to the trial process depending on what
county you are in, but it essentially involves the prosecution mounting
a case against you, and your attorney working to prove your innocence.
If you are found guilty in trial, or if you accept a plea bargain, you
will then be sentenced by the court. The penalties you will face depend
on the exact offense you were found guilty of, and can vary from case
to case. For example, a first DUI offense carries a minimum license suspension
of 6 months, but a judge may order this suspension to be as long as 12 months.
Arrested for DUI in Miami? Our firm knows what it takes to win –
call (305) 290-1884 today.