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Basic Guide to the Florida DUI Process

| Dec 15, 2015 | DUI Arrest |

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 (305) 290-1884.

1. Arrest

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.

2. Booking

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.

3. Arraignment

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.

6. Trial

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.

7. Sentencing

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.