Protecting Your Rights and Building a Strong Defense After a Florida DUI Arrest
As a Florida DUI defense attorney, I have represented people from every walk of life — professionals, college students, retirees, and military personnel. A DUI arrest in Florida is not a minor matter. It can lead to jail, a permanent criminal record, high fines, and a suspended license. I have seen how one wrong move after an arrest can turn a manageable situation into a serious problem.
Florida law is strict. Under Florida Statute §316.193(1):
“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… has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”
Even a first DUI conviction comes with mandatory penalties. But the decisions you make immediately after an arrest can have a direct impact on whether the charges are reduced, dismissed, or result in a conviction. These are the top 10 mistakes I tell every client to avoid, along with why having a private attorney is essential at every step.
Mistake #1: Talking Too Much to Police
You are required to provide your name, driver’s license, registration, and proof of insurance. Beyond that, you are not required to answer questions about your drinking, travel plans, or activities. Officers are trained to get admissions that can be used in court.
I always advise clients to politely say, “I would like to speak to my attorney before answering questions.” Anything beyond basic identification can be twisted to suggest impairment. In court, even a small statement like “I had a couple of beers” can be used as damaging evidence.
Mistake #2: Missing the 10-Day Deadline for Your License Hearing
Under Florida Statute §322.2615(1)(b), you have 10 days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles if you fail or refuse a chemical test.
This hearing is one of the first opportunities to challenge the suspension, question the officer, and preserve evidence. I have had cases where winning the formal review kept my client’s license while we fought the criminal case. Missing this deadline closes the door on that opportunity.
Mistake #3: Assuming the Breath Test Is Always Right
Florida Statute §316.1934(2)(c) says that a BAC of 0.08 or above is admissible as “prima facie evidence” of impairment, but it is not absolute proof. Machines must be maintained, calibrated, and operated by certified personnel. Any deviation can make results unreliable.
I once obtained dismissal of breath test results because the Intoxilyzer 8000 had not been calibrated properly for months. Without the breath number, the prosecution could not prove impairment beyond a reasonable doubt.
Mistake #4: Ignoring the Consequences of Refusing a Test
Under Florida Statute §316.1932(1)(a), you give “implied consent” to a lawful chemical test. Refusing results in a one-year license suspension for the first refusal, 18 months for the second, and it can be used against you at trial.
Still, a refusal can sometimes be defended. If the officer lacked probable cause to request the test, we can challenge whether the refusal was lawful. I have had refusals thrown out where the traffic stop itself was invalid.
Mistake #5: Pleading Guilty Without Legal Counsel
A DUI conviction cannot be sealed or expunged under §943.0584. It will follow you for life, raise your insurance, and can lead to job loss. Pleading guilty quickly without reviewing your defense options is a mistake you cannot undo.
I have helped clients enter diversion programs or negotiate a reduction to reckless driving outcomes that avoid the long-term consequences of a DUI conviction. Without representation, you may never know those options existed.
Mistake #6: Not Challenging the Legality of the Stop
A DUI case begins with a stop. If the officer did not have legal grounds, all evidence afterward can be suppressed. Florida courts require at least “reasonable suspicion” of a traffic violation or crime.
In one case, an officer pulled over my client, claiming “suspicious driving” without specifying a violation. We filed a motion to suppress, and the judge agreed the stop was unlawful. With the stop thrown out, the state had no evidence left.
Mistake #7: Performing Field Sobriety Exercises Without Understanding Your Rights
Field sobriety exercises (FSEs) are voluntary. You are not required by law to perform them. Poor performance may be due to fatigue, injuries, or nervousness, not alcohol.
In a trial, I have shown juries that an officer failed to follow National Highway Traffic Safety Administration protocols, undermining the reliability of the results. Declining FSEs may limit the state’s evidence against you.
Mistake #8: Posting on Social Media About Your Arrest
Anything posted online can be discovered and used against you. I advise clients to stop posting entirely until the case is resolved. Even a joke about drinking can harm credibility in front of a jury.
I once saw a prosecutor use a client’s social media post joking about “still making it home” after drinking to argue recklessness. We were able to overcome it, but it created unnecessary challenges.
Mistake #9: Missing Court Dates
Missing a court date can result in a warrant under Florida Rule of Criminal Procedure 3.180(a). It also makes you look unreliable to the judge. Even minor hearings matter.
I have had clients call me in a panic after missing a date, facing new charges for failure to appear. It is far better to work with a private attorney who ensures you never miss a required appearance.
Mistake #10: Waiting to Hire a Private Attorney
The sooner you have representation, the better your chances. Evidence can be lost quickly — videos are deleted, breath test records discarded.
In one case, hiring me immediately allowed us to secure body camera footage showing the officer making mistakes during the arrest. That footage was key to getting the charges dropped. If we had waited, the footage would have been gone.
Real-Life Win Example
A client was pulled over for “weaving” within their lane. The officer conducted field sobriety exercises on uneven pavement. The client refused a breath test. We challenged the stop as lacking reasonable suspicion, citing Florida case law that weaving within a single lane is not grounds for a stop absent other indicators.
We also argued that the FSEs were unreliable because of poor lighting and unsafe conditions. The court suppressed the stop, and the state dismissed all charges. That case shows how early legal action and a detailed investigation can win even when things look bad at first.
Why a Private Attorney Is Critical in Every Step
From protecting your license in the first 10 days to suppressing unlawfully obtained evidence, a private DUI defense attorney gives you the time, focus, and strategy that overworked public defenders may not have the resources to provide. Every mistake above is preventable with timely, aggressive representation.
FAQs About DUI Arrests in Florida
What are the penalties for a first-time DUI in Florida?
Under http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
, a first DUI carries up to 6 months in jail, a fine between $500 and $1,000, probation, community service, DUI school, and a license suspension of 6 months to 1 year. Enhanced penalties apply if your BAC is .15 or higher or a minor is in the vehicle.
Can I refuse a breath test in Florida?
Yes, but under §316.1932(1)(a), a first refusal leads to a one-year suspension, and a second refusal is 18 months plus a separate misdemeanor charge. In some cases, refusals can be challenged if the officer lacked probable cause or failed to give proper implied consent warnings.
Is it possible to beat a DUI charge in Florida?
Yes. DUI charges can be reduced or dismissed if the stop was unlawful, testing procedures were flawed, or the state lacks sufficient evidence. Many cases are won through motions to suppress or by undermining the credibility of the state’s witnesses.
What happens if I miss my court date?
A warrant will likely be issued for your arrest. This can lead to additional charges and make it harder to negotiate favorable terms. Always coordinate with your attorney to avoid missing court.
Do I have to perform field sobriety exercises?
No. These exercises are voluntary. Poor performance can be due to non-alcohol factors. Declining them may limit the evidence against you, though the officer may still arrest you.
Can a DUI be removed from my record in Florida?
No. DUI convictions cannot be sealed or expunged under §943.0584. This is why fighting the charge before conviction is so important.
Will I lose my license immediately after a DUI arrest?
If you fail or refuse a chemical test, your license is suspended immediately, but you can challenge the suspension within 10 days through a formal review hearing.
How long will a DUI stay on my record?
Forever, if convicted. Florida law does not allow DUI convictions to be removed.
Can I drive for work if my license is suspended?
Possibly. You may qualify for a hardship license through DHSMV if you meet certain requirements, including completing DUI school.
Should I hire a lawyer for a first DUI?
Absolutely. Even a first DUI has lasting consequences. A lawyer can fight for dismissal, reduction, or a resolution that avoids a permanent conviction.
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.