Florida’s Legal Process for Driving Under the Influence

If you or a loved one are charged with Driving under the Influence of alcohol in Miami, Ft. Lauderdale, or South Florida you probably have a lot of questions. What happens next? The following is a brief overview of what to expect when charged with a DUI in the State of Florida.

Posting Bail for DUI in Florida
If your friend or loved one is in jail after arrest it is important to call an attorney or a bail bondsman immediately. For DUI in the State of Florida, the typical bail is set at $1500. However, this amount may be more for more serious charges. If this is a first offense, or a lesser crime, the defendant may be released without the need of bail. If bail is set, you must pay the full amount to the court, or provide 10% of the bail amount to a bondsman who will then post a bail bond in order to secure release. An attorney can safely guide you through the bail process and get you out of jail quickly.

Charges

In DUI cases in Florida, you actually have two cases you need to deal with: The criminal charges which are handled by the State Attorney’s Office for your county (Dade County), and the suspension of your license by the Florida Department of Motor Vehicles.

Driver’s license: The suspension of your license happens immediately upon arrest for DUI—you do not have to be found guilty in court—and can vary in duration. If you refuse a breathalyzer test your license is automatically suspended for 1 year. Within 10 days of arrest, you can petition for Administrative Review and obtain a hardship license or get your license reinstated. This can be an intimidating process. A skilled attorney can help you fill out the paperwork and represent you at the formal review hearing.

Criminal Charges: In criminal court the severity of the penalties varies depending upon the facts. For first DUI offenses, you could face up to 1 year in jail, $250-$1000 in fines, community service, probation, and substance abuse classes. If you are charged with an extreme DUI, or injured or killed someone, the penalties are much higher. A DUI conviction means a permanent criminal record. An experienced DUI attorney can help you every step of the way—from arraignment to final disposition (our goal is dismissal or acquittal).

How long is the Process?

Some DUI cases are more complex than others, but a typical case will take a few months. We are committed to resolving your case as soon as possible, and will push to come to a successful resolution quickly so you can return to your life. However, we do not want to rush. There are many issues involved in a DUI, and many legal avenues to explore. We want a good outcome for you, so we will take as much time as necessary to achieve success.

We have been defending DUI charges in Miami and South Florida for many years. We are familiar with all the legal precedents and procedures that can assist your case. If you or a loved one has been charged with DUI, we understand how overwhelming the whole process can be. That is why a skilled attorney is so vital to your defense. Knowing what to do is our job. You don’t have to face it alone.