From the stop to the arrest
If you are pulled over in Florida and the officer suspects you of driving under the influence, you may be asked to perform field sobriety exercises. If your performance does not meet the officer’s expectations, you will likely be arrested for DUI. After the arrest, you should be asked to take a breath test.
Even if the breath test shows a result under the legal limit of .08, the police may not let you go. Many people do not understand this. In Florida, by the time you blow into the breath machine you have already been arrested, which means you are facing a DUI charge in criminal court and a driver license suspension by the Department of Highway Safety and Motor Vehicles.
Do this in the next 10 days
If you receive a DUI in Florida, time matters. When you were arrested, the officer most likely took your driver license and gave you a notice of suspension. That notice works as a temporary driving permit for 10 days, if you are otherwise eligible.
Within 10 days of the date on the notice, you or your lawyer must do one of two things:
- Request a formal review hearing with the DHSMV Bureau of Administrative Reviews to contest the suspension. The filing fee is $25, and the Broward office is in Lauderdale Lakes. A request can be sent by email, and the request form allows a hearing by phone.
- Or, if this is your first DUI suspension, waive the review and apply for a business-purposes-only license for the whole suspension. This requires enrolling in DUI school.
If you do nothing, the suspension stands. If you fail to act quickly, you could jeopardize your defense to the DUI charge. Read the full 10-day rule.
A DUI charge can be fought
If you blew over the limit or performed poorly on the field sobriety exercises, you may feel there is no point in hiring a DUI lawyer. But a Florida DUI is like any other criminal charge. You are presumed innocent, and the State of Florida has the burden of proving the charge. With a strong defense, a DUI case may be dismissed or reduced, or a jury may find you not guilty, and you may be able to avoid a DUI conviction. Many of Adam’s DUI case results were reductions to reckless driving without a license suspension; every case is different, and those results do not predict yours.
DUI defense is technical
Under United States and Florida law, the police must follow constitutional procedures and statutory guidelines. For example:
- The stop. An officer cannot pull you over for any reason at all. The officer needs a legally sufficient reason. If a judge finds the stop was illegal, the court will grant a motion to suppress (exclude) the evidence, which may result in the dismissal of the DUI charge and any other charges from that stop and arrest.
- Your statements. If an officer fails to give Miranda warnings when they are required, the court may suppress statements you made to the officer.
- The breath test. Before a breath test, the officer or operator must reasonably make sure that you have not taken anything by mouth and have not burped, vomited or regurgitated for at least 20 minutes, because alcohol in your mouth (mouth alcohol) can compromise the result. If that observation period was not done properly, a judge may suppress the breath test result, so it cannot be used against you.
- Your right to another test. Florida law lets you have an independent test done at your own expense by a qualified person of your choosing.
What happens next in Broward County
- Booking and release. After a DUI arrest in Broward you are booked into the county jail system. If you are not released on bond, you see a judge at first appearance, which must happen within 24 hours of the arrest.
- The pre-file stage. After a DUI arrest, the State Attorney’s Office (the prosecutor) evaluates the case, usually within 30 to 60 days, to decide whether formal criminal charges will be filed. In most cases it is important to have a lawyer advocating for you during this stage. If the prosecutor agrees to file a “no information”, the case never sees the inside of a courtroom. Too often people wait to speak with a lawyer, and that delay can affect the outcome.
- The charge. The Broward State Attorney’s Office decides what to file. Misdemeanor DUI is heard by a county court criminal judge, at the courthouse at 201 SE 6th Street in Fort Lauderdale or at the regional courthouses in Hollywood, Plantation or Deerfield Beach.
- Court appearances. A DUI charge requires a court appearance. Adam appears with you, files the motions the case calls for, and negotiates with the prosecutor or tries the case.
- The license track. Separately, the DHSMV handles the administrative suspension through the Bureau of Administrative Reviews.
Call before you decide anything
Because a Florida DUI can bring a license suspension, jail and other consequences, contact a criminal defense and DUI attorney right away. Any delay can hurt, including a driver license suspension you could have contested. If you were arrested for DUI in South Florida, call Adam Harmelin at (954) 294-9372 for a free consultation.