What to Look for in a DUI Lawyer, Why Private Representation Matters, and How We Fight to Protect Your Future
If you’ve been arrested for DUI in Florida, you’re probably overwhelmed. The consequences can be severe—license suspension, jail time, probation, steep fines, and a criminal record that can follow you forever. Choosing the right DUI attorney isn’t just important—it can change the entire outcome of your case. I’ve represented thousands of clients charged with DUI throughout Florida, and I’ve seen firsthand how hiring the right attorney early can be the key to avoiding a conviction.
Here’s what you need to know if you’re trying to find the best Florida DUI attorney for your situation.
Start With Experience in Florida DUI Law
When you’re facing DUI charges, it’s critical to hire an attorney who handles DUI cases regularly. Florida DUI law is complex, and understanding how prosecutors, judges, and the DMV operate in each county makes a significant difference in your defense.
Florida Statutes § 316.193 governs DUI charges in our state. Here’s the core text of the law:
“A person is guilty of the offense of driving under the influence … if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance … or any controlled substance … to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”
Knowing the statute is one thing. Applying it in the real world is something else. That’s where private defense attorneys make the biggest impact. We understand how to challenge the evidence, suppress unlawful stops, expose issues in the testing process, and negotiate resolutions that avoid harsh penalties.
Look for Someone Who Handles Every Aspect—Not Just Court
DUI cases have two tracks in Florida: the criminal case and the administrative license suspension through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). A strong attorney knows how to handle both.
Under Florida Statutes § 322.2615, your driver’s license is subject to immediate suspension if you either refuse chemical testing or blow over the legal limit. You have only 10 days from the date of arrest to request a formal review hearing. If you miss that window, your license will be suspended automatically.
A public defender won’t represent you at the DHSMV hearing. If you hire a private attorney, we file that request on day one and start building your case immediately. This is one of the biggest reasons to hire private counsel early.
Demand Someone Who Knows the Defenses That Actually Work
Every DUI case is different, but there are several legal defenses that frequently apply. Here are some of the strongest ones we’ve used to win:
- Unlawful traffic stop: If the officer didn’t have reasonable suspicion to stop your vehicle, all evidence that followed could be thrown out.
- Improper field sobriety tests: Field sobriety tests must be administered according to National Highway Traffic Safety Administration (NHTSA) guidelines. Many officers don’t follow protocol.
- Breath test errors: Breathalyzer devices are prone to mechanical failure, improper calibration, and operator error. We often uncover these problems through subpoenas and discovery.
- Medical conditions: Diabetes, GERD, and even low-carb diets can affect breath test results and cause false positives.
- Lack of actual physical control: If you weren’t driving and the car was parked, you may have a defense—even if you were intoxicated.
A skilled DUI attorney knows how to investigate every angle, question every step of the arrest, and file the right motions at the right time. Public defenders are often overworked. Prosecutors know which attorneys will actually fight—and that affects the outcome.
Why You Need a Private DUI Defense Attorney—Now
Many clients call us after waiting too long—after they’ve been to court, after they’ve talked to the police, after the evidence has already piled up. Don’t wait.
Private attorneys have the time and resources to act fast. We conduct our own investigation, subpoena the dashcam footage, challenge chemical tests, and represent you in every hearing—criminal and administrative. We don’t take every case. But when we do, we put everything into protecting your rights.
Let me give you a real example.
A Real Case We Fought and Won
Our client was arrested in Hillsborough County after pulling over on the side of the road to sleep. He had been drinking earlier in the night but made the responsible choice not to drive. He left his keys in the glove box and slept in the back seat. A deputy came by, knocked on the window, and after smelling alcohol, conducted a DUI investigation.
He refused the breath test, was arrested, and his license was suspended under Florida’s Implied Consent law (Fla. Stat. § 316.1932). We immediately requested a formal review hearing and challenged the license suspension.
We also filed a motion to dismiss the DUI charge on the grounds that he was not in “actual physical control” of the vehicle. The court agreed. The case was dismissed, and we won the DHSMV hearing as well—his record remained clean.
If he had waited, he would have lost both the hearing and the criminal case.
Ask These Questions Before Hiring a DUI Attorney
If you’re serious about protecting your future, here’s what to ask before you choose your attorney:
- Do you handle DUI cases exclusively or regularly?
- Will you personally handle my case or hand it off to someone else?
- How often do you take DUI cases to trial?
- Will you represent me at my license suspension hearing?
- How do you investigate the breath or blood test results?
- Can you share examples of DUI cases you’ve successfully defended?
We expect these questions—and we answer them with confidence. You should feel comfortable knowing your lawyer is prepared to go to war for you.
How We Fight DUI Charges at Musca Law
At Musca Law, we don’t just show up to court and cut deals. We dig into every piece of evidence, we challenge weak spots in the state’s case, and we negotiate from a position of strength.
We have decades of combined experience defending DUI cases in counties across Florida. We’ve handled cases involving:
- First-time DUI arrests
- Refusals and implied consent violations
- Commercial driver DUI
- Prescription drug and marijuana DUIs
- Felony DUIs involving injury or multiple convictions
- Underage and zero-tolerance DUI charges
And we’ve succeeded because we know what it takes to get results—whether that’s dismissal, reduction to reckless driving, suppression of evidence, or winning at trial.
Final Thoughts: Choose an Attorney Who’s Ready to Fight for You
DUI charges in Florida carry harsh penalties, and the state will try to move quickly to secure a conviction. You need someone who’s ready to push back—immediately.
At Musca Law, we act fast, file aggressively, and stand with you every step of the way. You’ll never feel alone in the process. We’ll be there at your first court date, your license hearing, your suppression motions, and—if needed—your trial.
If you’re serious about keeping your record clean and your freedom intact, the time to act is now.
If you’re facing DUI charges in Florida, don’t wait. Every day that passes makes it harder to fight your case. 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.
FAQs – Choosing the Best Florida DUI Attorney
What should I expect during my first consultation with a Florida DUI attorney?
Your first consultation should focus on learning the facts of your case and understanding your options. A good DUI attorney will ask detailed questions about your arrest, the stop, field sobriety tests, breath or blood test results, and whether you refused any testing. We’ll also review deadlines like your 10-day window to challenge your license suspension. This meeting is your opportunity to ask us about our background, prior results, and how we would build your defense. You should leave that conversation with a clear sense of whether we’re ready to fight for you—and how we’ll do it.
How fast should I hire a DUI lawyer after my arrest?
Immediately. One of the biggest mistakes people make is waiting. Florida law gives you only 10 days after your DUI arrest to request a formal review hearing to contest your license suspension. If you miss that window, you may lose your license for six months or more—even before you go to court. Hiring a DUI lawyer quickly allows us to protect your license, gather time-sensitive evidence, and file motions before the prosecution gets too far ahead. The sooner you act, the stronger your case will be.
Can a DUI attorney really beat my case even if I failed the breath test?
Yes, depending on the circumstances. Breath test results can be thrown out if the device wasn’t properly calibrated, maintained, or administered according to protocol. We also challenge whether the officer had valid grounds to pull you over or arrest you. In some cases, medical conditions like diabetes or GERD can mimic high alcohol readings. Even if the breath result is above .08, it doesn’t mean your case can’t be won or reduced. A good DUI defense attorney will scrutinize every part of the test and the procedures around it.
What’s the difference between a public defender and a private DUI attorney?
Public defenders are often talented attorneys, but they’re usually handling dozens or even hundreds of cases at once. They don’t have the time or resources to conduct deep investigations, challenge the state’s evidence, or fight every detail. A private DUI attorney works for you—and only you. We dig into every part of your case, from the legality of the stop to the scientific validity of the tests. We also represent you at license suspension hearings and handle every court appearance. You get personal service and a customized defense.
Can my DUI charge be reduced or dismissed in Florida?
Yes, depending on the facts. Many DUI charges are reduced to reckless driving or dismissed altogether when the stop was questionable, the tests were unreliable, or the officer’s conduct raised legal concerns. We’ve had countless cases dropped after filing motions to suppress or discrediting the arresting officer’s credibility. Prosecutors are more likely to negotiate favorable outcomes when they know your lawyer is prepared to take the case to trial. That’s why hiring a seasoned DUI attorney makes such a difference.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you’re facing DUI charges in Florida, don’t wait. Every day that passes makes it harder to fight your case. 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.