In every Florida DUI case, there are many steps that are followed prior to arrest.  Below, you will find information regarding the stop, arrest, testing and booking procedures that typically occur in a Florida DUI case.   Every jurisdiction is different, however, so be sure to contact a local attorney for more information on the particular facts and circumstances in your case.

Keep in mind that in every DUI in Florida, there are two separate cases that flow from the same offense.  In addition to criminal penalties and charges, you will also have a separate civil case filed against you with the Department of Highway Safety and Motor Vehicles.  The bottom half of this section explains the process and procedures you can expect in a typical DUI criminal case.  Please refer to the Florida Driving Tab for more information on the civil aspect of your DUI charges.

The Stop and Arrest

The first stage in most DUI cases is the initial traffic stop.  A DUI arrest is often made following a stop for a simple traffic infraction (such as speeding, failure to signal, improper lane usage, driving the wrong way down a one way street, running a red light, etc.).   An arrest may also occur after an accident or breakdown.  In such situations, the officer will not suspect impairment until after he makes contact and has an opportunity to make more observations of the suspect.

There are times, however, when the police may suspect they are dealing with a drunk driver before actual contact with the subject is made.  A suspect will be pulled over because the officer suspects they are too impaired to drive.  That suspicion may arise as a result of poor driving patterns, or it may be based on a tip that was received by another driver on the road.  See the DUI Stop section for more information.

Once stopped, if an officer suspects you to be DUI he will order you out of the vehicle for further investigation.  Field sobriety exercises may be administered.  In Florida, the exercises generally given are the HGN, the Walk & Turn, the One-Leg Stand, as well the Finger-to-Nose.  Other exercises may also be requested.

NOTE: You always have a right to refuse physical sobriety exercises, and you should.  These "tests" are designed for failure and are difficult for people to perform sober.  If you do decide to submit to the exercises, be sure to tell the officer about any injuries you may have or illness or prior head injuries you have suffered.

A portable handheld breath test may be given to you, if you are in a jurisdiction that uses them. If the officer determines he has enough evidence to believe a DUI has occurred, an arrest will be made.  Once you are placed into police custody and are being subjected to a custodial interrogation, your Miranda rights must be read to you.

Whether the police had enough evidence to justify your stop, detention, and arrest for DUI is a critical issue to any case.  You should discuss the facts of your case in detail with an experienced attorney in your jurisdiction.

Following a DUI arrest, a suspect is usually taken to a police station for the evidentiary breath test.  In some instances, if there is an accident that causes injury to the driver or if the person is deemed incapable of giving a breath test, then they may be taken to a hospital for a blood test.  In Florida, you have a right to an independent blood test.  Be sure to request one as soon as possible upon arrest if you think you are under the .08 legal limit.  If you did request an independent test and the officer failed to provide you with a reasonable opportunity to get one, then be sure to tell your attorney.

Depending on what county you were arrested in, your entire DUI stop and/or your contact at the police station may have been videotaped.  If so, you are entitled as part of the discovery process to a copy of the tape.  Your attorney should request a copy of this video and go over it with you.

The Booking Process

As part of the booking process, you will be searched, fingerprinted, questioned, photographed, and placed into a cell.  Bail will be set and you will be afforded the opportunity to place a call to speak with a bonding company or a friend/relative to make bail post arrangements.

Release

Under Florida law, a person arrested for DUI must be held at least 8 hours before release, unless they are no longer intoxicated, their faculties are no longer impaired, or they have a BAC under .05.  There are two ways to be released - through posting a bond, or release on your own recognizance.  If you are required to post a bond, whatever money you post will be returned to you at the end of the case unless you fail to report to your court hearings.

Upon arrest for DUI, or refusal to submit to a breath test, your license will be suspended.  Your DUI citation will act as your temporary driver's license.  You will have 10 days to file the necessary paperwork to request a hearing from the Department of Highway Safety and Motor Vehicles to challenge your suspension.  Failure to request a hearing within that time will result in an automatic suspension.  It is in your best interest and strongly encouraged to contact an experienced Florida DUI attorney in your county immediately after your arrest.

If your vehicle was impounded, you must go to the impound lot with proof of ownership.  Upon your release after arrest, the police will give you the necessary information to find where your car was taken.  A fee is required in order to have your car released.

Investigations Following Arrest & Charging Decision

In most DUI cases, the officer will likely have all the information he needs at the time you are released.  Some factors may prolong the process, such as accident reconstruction and/or awaiting the results of the blood test.  In Florida, most DUI offenders will be given a breath test, the results of which are available immediately upon blowing into the machine.   If there was a blood draw, however, it could take several weeks for the results to come back from the lab.

The statute of limitations (maximum time allowed between arrest date and filing of charges) for DUI in Florida is one year for second degree misdemeanor DUI offenses.  That means charges must be filed within a year of the alleged incident.  First degree misdemeanor DUI cases have a statutory period of 2 years, first degree felonies have a 4 year statute of limitations and all other felonies have a 3 year period during which charges must be filed.

THE CRIMINAL PROCESS

First Appearance

A first appearance is a hearing held in the jail within 24 hours of your DUI arrest if you have not been released on bond or personal recognizance.  A judge will inform you of your charges and conduct a review of the police reports to determine whether probable cause exists for your detention.  You will be informed of your right to an attorney and the judge will likely make a decision as to what your conditions will be upon release.

Arraignment

The next court hearing is called an arraignment.  Typically a court date will be listed on your DUI citation.  If you were released on a promise to appear in court at a later date, a court date may subsequently be provided to you. 

NOTE: If you have been accused of DUI in Florida, it is in your best interest to have legal representation at every court appearance.  If you are unable to afford an attorney, the court will appoint you with a public defender at your arraignment.

At the arraignment you will be advised of the DUI charges filed against you, and you will be asked to enter a plea.  There are three possible pleas in Florida available at the time of Arraignment - Guilty, Not Guilty, and No Contest.  If you plead guilty or not guilty, the judge will likely impose a sentence.  If you have not consulted with one of our experienced Florida DUI defense attorneys prior to your Arraignment, you should enter a plea of  NOT GUILTY.

NOTE: Unless you have hired an attorney to represent you who has filed a notice of appearance on your behalf, your attendance is mandatory at the arraignment hearing.  Typically defense attorneys will have you sign a waiver of presence, allowing them to represent you without you having to attend.

If you enter a plea of NOT GUILTY, your case will be set for a pretrial hearing.

Pretrial Hearing

The pretrial conference is a hearing prior to trial to negotiate with the prosecutor and update the judge on the progression of your case.  At this hearing your trial date may be postponed if there are issues with discovery, further negotiations, witness availability or attorney schedule conflicts.  Should negotiations be favorable, your attorney will go over any offer with you and discuss the potential benefits and/or ramifications.  If you wish to accept the offer from the prosecutor, the case may be resolved at the pretrial conference.  If no continuances are necessary, and a plea agreement has not been reached, the judge will set your case for trial.

Your presence is typically required at this hearing.  Check with your attorney to be sure.  If a plea agreement is reached at the pretrial hearing, you will change your plea and the judge will impose a sentence at that time.

Motions or Evidentiary Hearings

Motion or evidentiary hearings are typically requested by the defense and held on the day your case is set for trial.  Your presence is mandatory.  Your attorney will go before the court and the judge will decide important key issues of your case, such as the admissibility of evidence.  Other challenges include whether there was probable cause for the stop, detention, and arrest.  Motions regarding discovery may also be argued at this hearing.  Testimony by the arresting officer is usually given.  Expert witnesses may be called to testify.  Your attorney will have the opportunity to question and cross examine the witnesses for the government, and will also have the opportunity to present testimony, evidence, and argument.

The Trial

Most DUI cases are resolved before trial.   However, every single DUI defendant has a constitutional right to a trial by jury in Florida.  A jury trial for DUI will consist of 7 jurors (6 with one alternate). In some circumstances, however, it may be in your best interest to waive your right to a jury trial and instead have a judge decide your case (called a "bench trial").  The prosecution must agree for a bench trial to be conducted.

In all trials, bench or jury, the judge will decide issues of law.  In jury trials, however, the jury listens to the judge's instructions and decides the issues of fact, whereas in bench trials, the judge acts as judge and jury, deciding both issues of law and issues of fact.