Understanding Your Rights, Options, and the Value of Private Legal Representation in DUI Cases Across Florida

I’ve had more than a few clients come to me midway through their DUI case, frustrated with their current representation. Whether they felt unheard, confused about the legal strategy, or simply unprepared for what they were facing in court, they needed to know whether they had the right to change attorneys. The short answer is yes, you can change lawyers during a DUI case in Florida—but doing it the right way matters.

Florida law recognizes your constitutional right to be represented by counsel of your choosing, provided it doesn’t interfere with the orderly administration of justice. I've successfully stepped in for many clients partway through their DUI cases and turned things around—but timing, preparation, and legal knowledge all play key roles.

Your Right to Change Lawyers Under Florida Law

In Florida, you are legally entitled to change attorneys in a criminal case at almost any stage of the proceedings. Florida Rule of Criminal Procedure 3.111 guarantees your right to legal representation. More importantly, it does not restrict your ability to replace your attorney.

Florida Rule of Criminal Procedure 3.111(a): "A defendant is entitled to representation by counsel at every stage of a criminal proceeding..."

That rule is reinforced by your Sixth Amendment rights under the U.S. Constitution, which provide that a criminal defendant has the right to effective assistance of counsel. If your current attorney isn’t meeting your needs, you are not locked into that relationship.

However, judges may deny substitution if they believe the request is intended to delay proceedings or manipulate the court. So, it’s essential to move decisively but reasonably.

When Is It Appropriate to Change Attorneys?

You may want to consider hiring a new Florida DUI Attorney if:

  • You rarely hear from your current lawyer

  • You don’t understand the strategy being used

  • You feel pressured to accept a plea deal

  • Evidence isn’t being properly challenged

  • The attorney misses court appearances or deadlines

Remember, DUI charges are serious. They can lead to jail time, fines, a license suspension, and a permanent criminal record. You only get one chance to defend yourself the right way. Having the right lawyer on your side can make a major difference.

A Real Case Example

A client came to me in Sarasota after spending three months with a public defender who barely spoke with him. He had been charged with a second DUI offense. The state was offering him nine months in jail. After reviewing the case, I discovered serious issues with the initial traffic stop—specifically, the officer lacked probable cause.

I filed a motion to suppress the evidence, citing:

Florida Statute §901.151(2): "Whenever any law enforcement officer of this state has reasonable suspicion to believe that a person has committed, is committing, or is about to commit a violation... the officer may temporarily detain such person."

The dashcam footage clearly showed that the stop was based on nothing more than a vague suspicion. The court granted our motion, and all evidence after the stop was excluded. The charges were dismissed in full. If the client had stayed with his original attorney, it’s likely he would have ended up in jail.

How to Properly Change Lawyers During a DUI Case

The process isn’t overly complicated, but it needs to be done professionally to avoid delays. Once you retain a new attorney, we file a "Notice of Substitution of Counsel" with the court. This formalizes the transition and ensures the court knows who is representing you.

If your current lawyer is a public defender, the judge must approve the substitution—and you must show that you have the means to retain private counsel. When you work with a private Florida DUI Attorney, I handle all the court communications for you.

How DUI Defenses Can Be Strengthened with the Right Lawyer

DUI cases are never open-and-shut. The state must prove, beyond a reasonable doubt, that:

  1. You were in actual physical control of a vehicle, AND

  2. You were under the influence of alcohol or drugs to the extent that your normal faculties were impaired, or your BAC was 0.08% or higher.

This opens the door to many viable defenses. I examine each of the following areas:

  • Was the traffic stop legal?

  • Were field sobriety tests conducted properly?

  • Was the breathalyzer or blood test machine functioning and calibrated correctly?

  • Did the officer follow proper protocol under Florida Statute §316.1932?

Florida Statute §316.1932(1)(a): "Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is deemed to have given his or her consent to submit to an approved chemical or physical test..."

If law enforcement didn’t comply with this statute, we can seek suppression of the chemical results. Many times, I’ve seen DUI charges dropped or reduced after successfully challenging the admissibility of breath tests.

Why Having a Private Attorney Makes the Difference

When you hire me as your Florida DUI Attorney, you’re not getting someone who’s overwhelmed with a hundred cases. You get personal attention. I examine every line of the police report, scrutinize every minute of dashcam footage, and dig into maintenance logs of the breath machines. Public defenders and overworked attorneys often don’t have the time or resources to go that deep.

The difference can be life-changing.

The Risks of Waiting Too Long

Some clients wait too long to switch attorneys, hoping things will improve. Unfortunately, late-stage changes become harder to execute, especially right before trial. Judges are less inclined to grant continuances when juries are already summoned or multiple hearings have passed. That’s why it’s important to make a decision as soon as you feel your defense isn’t being properly handled.

Still, I have taken over cases weeks before trial and won. But the sooner you act, the more we can do.

Florida Statutes and Legal Principles That Support You

  • Florida Statute §907.041: Guarantees a defendant's right to be present and heard in criminal proceedings.

  • Florida Statute §906.15(1): Ensures that an accused is entitled to assistance of counsel.

  • Florida Statute §316.193: Establishes DUI offenses and penalties in Florida.

These statutes serve as the foundation of your legal rights. When you know them—and when your attorney knows how to apply them strategically—you stand a much better chance of beating the charge or reducing the consequences.

If you’re unhappy with your current legal representation, you do not have to settle. It’s your case, your record, and your future. I take over DUI cases across Florida, and my firm is ready to step in when you need us most.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

DUI Defense Attorney Frequently Asked Questions

Can I switch from a public defender to a private Florida DUI Attorney?

Yes, if you can afford private counsel, the court generally allows you to switch. If your public defender isn't giving your case the attention it needs, switching to private representation could change the outcome.

Will switching lawyers delay my case?

Not necessarily. If the new attorney can step in and catch up quickly, delays are minimal. Judges want cases to proceed, but they also want defendants to have fair trials. I work fast to minimize any delay.

Is it too late to change attorneys right before trial?

It depends. If the trial is imminent, the judge might be hesitant. But if you can show that your current lawyer isn't prepared or you've just retained a qualified DUI attorney, courts may allow it. I’ve stepped in during these situations and gotten great results.

What if I already entered a plea deal?

If you entered a plea but haven’t been sentenced, there may be ways to withdraw it. Florida Rule of Criminal Procedure 3.170(f) allows withdrawal of a plea if it's in the interest of justice. I review these situations closely and file the appropriate motions if there's a strong basis.

Can a Florida DUI Attorney get my charges dropped?

It’s possible. Every case is different. If there are issues with how evidence was obtained or tested, or if the officer made legal errors, we can file motions to suppress. Many DUI charges get dropped or reduced once a private attorney gets involved.

How do I officially notify the court that I changed attorneys?

We handle that. Once you hire me, I file the Notice of Substitution of Counsel with the court. This tells the court that I’m now your attorney of record.

What happens to my current court dates?

They usually stay the same unless a continuance is granted. I quickly get up to speed and decide if we need to request more time. Judges respect timely requests that are grounded in real preparation.

Will hiring a private DUI attorney be expensive?

Cost depends on the complexity of the case. But consider what's at stake—your job, license, and freedom. A qualified attorney might cost more upfront, but they can often save you far more in long-term consequences.

Do private attorneys actually get better results?

Often, yes. Not because public defenders aren’t smart—they’re just overloaded. I have time to focus on your case alone, review every shred of evidence, and build a more strategic defense. That attention makes a difference in court.

How quickly can you take over my case?

Immediately. As soon as you sign the retainer agreement, I get in touch with the court and begin reviewing the case file. Time matters, especially in DUI cases, and I don’t waste it.

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 with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.