When most people think of fighting a criminal or traffic arrest they think of going to Criminal Court. Unlike most criminal cases, the Florida DUI is a two headed monster. Florida DUIs not only play out in a Criminal Court setting but also in an Administrative Hearing setting as well. In order to gain a full and complete victory on a DUI case, both battles must be won.

The first aspect of a Florida DUI that one must deal with is not the court…it is the DHSMV (Florida Department of Highway Safety and Motor Vehicles). Under the current State of Florida DUI law (8/26/2009) if a person takes a breath test and the results are over the legal limit of .08 then their Florida Driver’s License is suspended for 6 months. If they refused the breath test then their license is suspended for 1 full year or for 18 months if they previously refused. These suspensions can be challenged if a Formal Review Hearing is demanded with in 10 days of the date of arrest. In some situations a temporary driving permit is then given to the DUI arrestee which typically expires a few weeks after the hearing. During the hearing the Florida DUI Attorney can challenge the State’s evidence, question the State’s witnesses, present their own evidence and call their own witnesses. At the end of the hearing the Florida DUI Attorney may make motions demanding that the suspension be set aside. If the motions are granted then the Driver’s License is reinstated.

The Court battle is much longer and more complex than the Administrative battle. The Defendant (person arrested) must appear before the court at a hearing called an Arraignment. At this hearing he will be required by the court to enter a plea of Guilty or Not Guilty. If the plea is guilty then the court will sentence the defendant either on the spot or at a later date called a sentencing hearing. If the plea is not guilty then the Defendant may participate in the Discovery process. Discovery is the exchange of information between the two sides. It includes reports, pictures, videos, witness lists, statements, and testing data. Once the Discovery is completed the case will be set for a Trial. Either side may demand a Trial by Jury. If neither side wants a Jury Trial then a Judge Trial will be set. At either type of trial there is usually and opening statement with the State going first and Defense going second. Then the State presents its witnesses followed by the Defense witnesses. Once evidence is closed then each side gets a Closing Statement. The Jury is then instructed by the Judge and sent to deliberate. Once a verdict is returned by the Jury or Judge, it is read in open court. If the verdict is not guilty then the Defendant is released, if it is guilty then the Defendant is sentenced. If either side feels the Trial Judge made a mistake they have 30 days to file an appeal.

I am a practicing Florida DUI Attorney and a 13 year veteran of the Florida Criminal Justice system. I would recommend to anyone who is facing a DUI charge in Florida that they get an experienced and skilled Florida DUI Attorney to handle their case.