Seven Smart Questions to Ask Before Hiring a Florida DUI Lawyer

June 8, 2025

How the Right Questions—and the Right Attorney—Can Change the Outcome of Your Case

I remember every first consultation. A worried person sits across from me, police report in hand, heart in their throat. They know a DUI under Florida Statutes § 316.193 can bring jail, fines, insurance nightmares, and a record that never disappears. What they rarely know is how to choose the lawyer who will stand between them and those consequences.

Below are the questions I suggest you ask any attorney before you sign a fee agreement. I weave each question into real statute language, common defenses, and a story from my own files to show why thoughtful hiring matters.

1. “How Will You Attack the Traffic Stop?”

Every DUI begins with a stop. If that stop was unlawful, the case can collapse. Florida’s Stop-and-Frisk Law (§ 901.151) and Fourth Amendment case law require reasonable suspicion before an officer flips on the lights—unless it is a checkpoint that meets strict guidelines.

Ask the lawyer to explain, in plain language, how they analyze the patrol car video and the officer’s narrative. I always pull the dispatch CAD log and body-cam footage. If I see an illegal lane change that never happened, I file a motion to suppress. Without the stop, breath results vanish.

Why you need a private attorney: public defenders get the case after the DMV deadline has passed. A private lawyer can start digging the week you are arrested and preserve the evidence that shows the officer got it wrong.

2. “Do You Handle the DMV Suspension as Well as the Criminal Case?”

Under § 322.2615, you have ten days to fight the automatic license suspension. Miss that window, and you might be on foot for six to eighteen months—long before guilt is proven.

When you ask this question, listen for a clear plan: filing the hearing request, subpoenaing the breath-tech, cross-examining the arresting officer, and seeking a hardship license if needed. I include the DMV hearing in every retainer because it is often my first look at the state’s witnesses under oath.

Why it matters: the DMV transcript can later impeach an officer whose courtroom testimony drifts. Only a lawyer who starts early can seize that advantage.

3. “What Defenses Fit the Facts of My Arrest?”

No two cases match, yet too many lawyers speak in templates. You want specifics. Some common Florida DUI defenses:

Unlawful stop or detention (Fourth Amendment, § 901.151).
Improper breath-test maintenance—the Intoxilyzer 8000 must be inspected every 30 days under Florida Administrative Code 11D-8.006.
Health conditions—diabetes can skew BAC; inner-ear disorders can ruin field-sobriety balance.
Invalid implied-consent warning—officers must read the exact text in § 316.1932(1)(a).

Quote from the statute:

“The person shall be told that refusal to submit to a lawful test will result in a suspended privilege to operate a motor vehicle…”

If the language was botched, I move to suppress the refusal.

4. “How Often Do You Take DUI Cases to Trial—and What Are Your Results?”

The prosecutor keeps score. Lawyers who fight earn better plea offers because the state knows a jury could hear the flaws. Ask for the attorney’s last three trial results. In my office, I keep redacted verdict forms on hand. One recent win came when I convinced jurors the state could not prove ‘actual physical control’ because my client never moved the truck—he was asleep with the keys on the floorboard.

Why you need this answer: trial readiness drives negotiation leverage. Plea-only lawyers often settle too soon and too high.

5. “Will You Personally Handle Court Appearances and Motions?”

Some firms shuffle clients among associates you have never met. Insist on knowing who will appear beside you. DUI defense is detail work: the lawyer who prepped the case needs to stand at the podium when the judge rules on a suppression motion.

6. “What Is Your Plan for My Specific Breath or Blood Result?”

Under § 316.193(1)(b), the state can convict if your “blood-alcohol level is 0.08 or more grams”. Yet breath numbers crumble when:

The machine was outside its 30-day inspection.
The operator lacked a current FDLE permit.
Radio-frequency interference flashed an alert.

I ask clients to let me pull the Instrument Breath Alcohol Test Affidavit and the monthly maintenance logs. If the state used a blood draw, I review chain-of-custody forms under § 90.901–§ 90.902 (evidence authentication).

Real case: A .152 BAC looked hopeless until we found the Intoxilyzer’s simulator solution expired the night before. The judge suppressed the result; the case fell to reckless driving.

7. “How Do You Communicate—and How Often?”

Stress peaks when silence drags on. My rule: every client call gets returned by day’s end, and every motion is emailed the moment it is filed. Ask any lawyer you interview to lay out a communication schedule and provide a direct number, not just a receptionist’s line.

A Brief Victory Story

One client, a nurse with no priors, blew a 0.10 after a fender-bender. The officer skipped the twenty-minute observation period required by F.A.C. 11D-8.007(3) to ensure no burps skew the sample. I subpoenaed the booking room video: it showed the nurse chewing gum moments before the test. We filed a suppression motion citing the rule and the due-process clause. The court excluded both breath samples. Without numbers, the prosecutor agreed to careless driving—no criminal conviction, no nursing board trouble, license intact.

Why Each of These Questions Protects You

Every question above cuts straight to freedom, money, or reputation. A private attorney can start working on those fronts the day you hire them:

Evidence locks in early—video, breath logs, dash-cam GPS data get overwritten fast.
Witness memories fade—booster shots like recorded statements matter later.
DMV deadlines—miss the ten-day mark and your license is gone before court begins.

Public defenders are vital to the system, but crushing caseloads mean they often receive files weeks after arrest. By then, key evidence may be lost. A retained lawyer has the bandwidth to dig, test, and challenge. That difference shows in case outcomes every day.

Charged with DUI and unsure where to turn? Ask the questions you read here and demand clear, confident answers. Then move quickly.

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 Frequently Asked Questions

How soon after a DUI arrest should I hire a lawyer?

Time is critical because the administrative suspension clock starts the moment the officer hands you the notice. Under § 322.2615, you have ten days to demand a hearing. A lawyer hired on day one can file that request, lock in temporary driving privileges, and begin collecting evidence while it is fresh. Waiting even a week can mean lost surveillance footage, untraceable witnesses, and a DMV license loss that could have been avoided. Early counsel also stops you from making statements that later appear in the prosecution’s file.

What credentials should I look for in a Florida DUI attorney?

First, confirm active Florida Bar membership in good standing. Next, check whether the lawyer has completed National Highway Traffic Safety Administration (NHTSA) field-sobriety training or Intoxilyzer operator courses—credentials that help in cross-examining officers. Ask about trial history, published appellate cases, and memberships in organizations like the Florida Association of Criminal Defense Lawyers. Finally, request client references or public verdicts. Credentials plus verifiable results show the lawyer can handle tough cases, not just negotiate pleas.

Can any DUI be reduced to reckless driving?

Not always. Prosecutors review breath level, crash damage, injury, and criminal history. High BAC (.15 or above under § 316.193(4)), minor children in the vehicle, or serious injuries make reductions harder. A lawyer increases the odds by exposing evidentiary weaknesses—unreliable breath tests, bad stops, gaps in chain of custody. By showing reasonable doubt, counsel creates leverage for a plea to reckless (often called “wet reckless”) which carries lighter penalties and no mandatory ignition-interlock device on a first offense.

What happens if I refused the breath test?

Refusal triggers an immediate suspension—one year for a first refusal, eighteen months for a second under § 316.1939. A refusal can also be charged as a first-degree misdemeanor if you have a prior refusal. In court the state may argue “consciousness of guilt,” but a skilled lawyer can counter with reasons such as confusion, asthma, or improperly delivered warnings. Refusal cases often hinge on whether the implied-consent advisory was read exactly as printed in § 316.1932(1)(a); deviations can bar the state from using the refusal against you.

How much does a private DUI defense cost in Florida?

Fees vary with complexity. A first-offense misdemeanor with no crash may range from $3,000 to $7,500. Felony DUIs, cases with serious injury, or those requiring multiple expert witnesses climb higher. Remember: fines, insurance hikes, ignition-interlock costs, and lost wages from license suspension can dwarf attorney fees. A lawyer who saves your license or keeps a felony off your record often pays for themselves many times over. Be sure the fee agreement spells out DMV hearings, motions, trial preparation, and expert expenses so there are no surprises later.