You Don’t Have Time to Waste After a DUI Arrest in Florida

If you’ve been arrested for driving under the influence anywhere in Florida, the most important decision you can make is hiring a private attorney—fast. As a Florida DUI Defense Lawyer, I’ve helped countless clients avoid harsh penalties because they called me right away. Waiting can cost you your license, your job, your reputation, and even your freedom. Florida DUI cases move fast. The police don’t wait. The prosecutors don’t wait. Neither should you.

Right now, you may be confused about what happens next. That’s completely normal. But let me be clear—Florida law places deadlines on your ability to challenge a driver’s license suspension and begin building a defense. If you wait, you miss those opportunities.

Florida’s DUI Statute Explained: What You're Really Facing

Under Florida Statutes § 316.193, the law defines DUI as follows:

“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.”

Even for a first offense, penalties can include:

  • Up to 6 months in jail

  • A 6 to 12-month license suspension

  • Fines up to $1,000

  • Mandatory DUI school

  • An ignition interlock device

  • Higher insurance premiums

If you miss your 10-day window to challenge the administrative license suspension, you may lose your driving privileges before ever stepping foot in a courtroom.

The First 10 Days: Why Early Representation Is Critical

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) automatically suspends your license if you fail a breath test or refuse one. You only have 10 days from the date of your arrest to request a formal review hearing to fight that suspension. This is separate from the criminal charges and is handled through the administrative process.

I help clients file this request immediately, and often request a temporary permit so you can continue driving to work or school while we fight the charges. Without quick action, the state can begin punishing you without a conviction.

This is why hiring a private Florida DUI Defense Lawyer right away is essential. Public defenders don’t assist with administrative reviews. Your court-appointed lawyer won’t help you get a hardship license. Only a private attorney can take immediate action on both fronts—your license and your criminal case.

Defending Against a DUI Charge: You Have Options

Too many people think a DUI arrest automatically means guilt. It doesn’t. The state still has to prove the charges beyond a reasonable doubt, and there are often serious problems with the evidence.

As your attorney, I’ll investigate key areas of your arrest:

  • Did the officer have probable cause to stop you?

  • Was the field sobriety testing administered correctly?

  • Was the breath or blood test legally obtained and properly calibrated?

  • Did the officer advise you of your rights?

  • Were you under the influence of something other than alcohol, like fatigue or medication?

We can also challenge whether you were actually in “physical control” of the vehicle. I’ve won cases where clients were asleep in parked cars, not driving. Each detail matters.

Real Case Example: Breath Refusal and a Dismissal

One of my recent clients was pulled over late at night in Tampa. He refused to submit to a breath test. The officer immediately arrested him and filed a DUI charge with a refusal enhancement. The client contacted me the next day.

Within 24 hours, I requested a formal review hearing and secured a temporary hardship license so he could keep working. At the hearing, I exposed inconsistencies in the officer’s report and body cam footage that showed my client was cooperative, not impaired.

On the criminal side, I filed a motion to suppress based on the officer’s failure to clearly explain the consequences of refusing the breath test. The prosecutor ultimately dropped the case due to lack of evidence.

If my client had waited even a few days to call me, he would have lost his license and missed the opportunity for dismissal.

Why a Private Florida DUI Defense Lawyer Makes the Difference

The difference between a public defender and a private DUI lawyer can be the difference between jail and freedom. I have the time and resources to thoroughly examine your case, challenge improper evidence, and negotiate directly with prosecutors. Public defenders are often overworked and cannot represent you at your license hearing. I do both.

The courts don’t wait for you to figure things out. I start working for you the moment you hire me. That includes advising you before arraignment, working to reduce bail, and preparing for early intervention options like pre-trial diversion if you’re eligible.

Additional Florida Laws That May Affect Your Case

Florida’s DUI laws don’t operate in isolation. Other related statutes may impact your case, including:

  • Florida Statutes § 322.2615 – This law governs license suspensions following a DUI arrest and refusal or failure of a chemical test. It creates the 10-day rule.

  • Florida Statutes § 316.1932 – Informs drivers about implied consent to breath, urine, or blood testing.

  • Florida Statutes § 316.656 – Prohibits withholding adjudication of guilt for DUI convictions, which means you can’t avoid a conviction through plea negotiations unless charges are amended.

Understanding how these laws work together is part of building your defense. That’s why early legal help matters.

DUI Convictions Carry Long-Term Consequences

Many people worry about the immediate impact of a DUI, but the long-term damage is just as serious. A DUI conviction in Florida stays on your criminal record for 75 years. That means background checks, job applications, professional licenses, and even apartment leases could be affected. Insurance premiums spike, and future DUI offenses bring mandatory jail time.

Hiring a Florida DUI Defense Lawyer immediately helps reduce the risk of permanent consequences. In some cases, we can fight for lesser charges such as reckless driving. That gives you a path to sealing your record later.

Should You Wait for the First Court Date?

No. Waiting until your arraignment to hire a DUI attorney is a mistake. By then, your license is likely already suspended, and the prosecutor may have built their case unchecked. Early legal help allows me to:

  • Interview witnesses

  • Preserve dashcam or surveillance footage

  • Challenge DMV license suspension

  • Influence the charging decision

  • Begin mitigation to reduce penalties

Acting early puts you in control. Waiting gives the state a head start.

I Represent Clients Statewide—And Start Right Away

Whether your arrest happened in Miami, Orlando, Tampa, Jacksonville, Fort Lauderdale, or a smaller county like Hernando or Flagler, I’m prepared to step in and protect your rights immediately. Musca Law has over 35 offices throughout Florida, and we’re available 24/7.

The sooner I start, the stronger your defense becomes. You’re not alone, and you’re not out of options—but you have to move fast.

FAQs: Advice From a Florida DUI Defense Lawyer

What happens if I wait too long to hire a DUI lawyer in Florida?
If you wait longer than 10 days, you lose the ability to challenge the automatic license suspension that occurs after a DUI arrest. That means your driving privileges can be revoked before you’ve even seen a judge. Waiting also limits your lawyer’s ability to preserve crucial evidence and witness testimony. Prosecutors can build their case unopposed, which makes it harder to negotiate or seek a dismissal. Hiring early allows your lawyer to protect both your license and your record.

Do I need a lawyer if this is my first DUI?
Yes. Even a first DUI conviction carries serious penalties including jail, license suspension, fines, and a permanent criminal record. A lawyer can evaluate the facts, look for mistakes made by law enforcement, and work to reduce or eliminate the charges. Many first-time DUI defendants are eligible for reduced penalties or diversion, but only if you act quickly. A private Florida DUI Defense Lawyer also helps with administrative issues like DMV hearings and hardship licenses, which public defenders do not handle.

Can a DUI be dismissed in Florida?
Yes, but it depends on the circumstances. If the traffic stop lacked probable cause, if field sobriety tests were not properly administered, or if chemical test results are flawed, the case may be dismissed. In other cases, the prosecutor may agree to reduce the charge to reckless driving if there are weaknesses in the evidence. Dismissal is possible, but only if your lawyer raises the right challenges early in the case.

What if I refused the breathalyzer?
Refusing a breath test in Florida carries an automatic license suspension under the implied consent law. If it’s your first refusal, that suspension is for one year. But with a lawyer’s help, you may be able to challenge the suspension and obtain a hardship license. In criminal court, refusal is not proof of guilt, and a strong defense can still lead to dismissal or reduction of charges. A refusal also creates an opportunity to question whether officers followed the legal procedures required under § 316.1932.

Can I avoid jail time for a DUI in Florida?
Yes, especially on a first offense. Alternatives to jail may include DUI school, probation, community service, or participation in a diversion program. However, these options are not automatic. Prosecutors consider them only when the case is properly presented. A private lawyer can help make that case on your behalf. For second or third DUI offenses, the stakes are higher, and jail time is more likely, but defense strategies still apply.

How much does a Florida DUI Defense Lawyer cost?
Costs vary depending on the complexity of the case, the number of hearings involved, and whether the case proceeds to trial. Many lawyers offer flat fees or payment plans. What’s important is that the cost of a lawyer is usually far less than the long-term financial consequences of a DUI conviction—fines, lost income, increased insurance rates, and damage to your record.

What if I already went to court and pled guilty?
You may have options to withdraw your plea, but timing is critical. If you pled guilty without fully understanding the consequences or without legal representation, you may be able to challenge the plea. However, Florida law places strict time limits on this. Contacting a lawyer immediately after pleading may preserve your chance to undo the conviction and fight the charge properly.

Call a Florida DUI Defense Lawyer Before It's Too Late

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 over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Whether you're facing your first DUI or a repeat offense, you have a limited window to protect your rights. Call now, and let us fight to keep your record clean, your license in your wallet, and your freedom intact.