Being arrested for driving under the influence (DUI) in Florida is a frightening experience. Many people have no idea what to expect after being pulled over, handcuffed, and taken to jail. Unfortunately, the consequences begin almost immediately. If you or a loved one has been arrested for DUI in Florida, knowing the process can help you prepare—and can make it clear why contacting an experienced defense attorney is so important.
Step 1: The Traffic Stop and Arrest
Most DUI cases begin with a traffic stop. An officer may pull you over for erratic driving, a traffic violation, or at a DUI checkpoint. If the officer suspects impairment, they may administer field sobriety tests or a breath test.
If the officer believes there is probable cause, you will be arrested and taken into custody. From this moment, every action you take matters—what you say, what tests you consent to, and whether you immediately request an attorney.
Step 2: Booking and Bail
After arrest, you’ll be transported to the local jail for booking. This includes fingerprinting, mugshots, and processing of your charges.
- In Brevard County, this usually happens at the Brevard County Jail in Sharpes.
- Depending on the circumstances, you may spend the night in jail.
- A judge or magistrate will typically set bail the next day, allowing for release if it’s paid.
Your driver’s license may also be confiscated at this point, starting the administrative process with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Step 3: Administrative License Suspension
Under Florida’s “implied consent” law【Florida Statutes § 316.1932】, refusing a breath, blood, or urine test can lead to an automatic license suspension. Even if you take the test and fail, your license may be suspended.
- First refusal = one-year suspension.
- Second refusal = 18-month suspension and potential misdemeanor charges.
The clock starts ticking immediately: you have only 10 days from the date of arrest to request a formal review hearing with the DHSMV to challenge your suspension.
Step 4: The Arraignment
An arraignment is your first court appearance, where you are formally advised of your charges and asked to enter a plea (guilty, not guilty, or no contest). Most people plead not guilty at this stage to allow their attorney to review the case.
Skipping this step without an attorney can result in a warrant for your arrest—so it’s crucial to have legal representation before your arraignment date.
Step 5: Pretrial Proceedings and Discovery
Once your case moves forward, both sides begin gathering and exchanging evidence. This may include:
- Police reports and dash/body cam footage.
- Breathalyzer calibration and maintenance records.
- Witness testimony or accident reports.
- Any chemical or field sobriety test results.
During this stage, your attorney may file motions to suppress evidence if your rights were violated (for example, if there was no probable cause for the traffic stop or if testing procedures weren’t followed).
Step 6: Negotiation or Trial
Many DUI cases are resolved before trial through plea bargaining or negotiated settlements. An experienced DUI lawyer may be able to:
- Reduce charges (e.g., from DUI to reckless driving).
- Negotiate lighter penalties such as probation instead of jail.
- Protect your license and driving privileges.
If no agreement can be reached, your case may go to trial, where the prosecution must prove beyond a reasonable doubt that you were guilty of DUI.
Step 7: Sentencing and Penalties
If convicted, penalties can vary depending on whether it’s your first DUI or if you have prior convictions. Under Florida Statutes § 316.193, possible penalties include:
- First DUI: Fines up to $1,000, up to 6 months in jail, license suspension up to 1 year, and probation.
- Second DUI: Harsher penalties, including mandatory jail and longer license suspensions.
- Aggravating factors: Higher blood alcohol levels, accidents, or having minors in the vehicle can increase fines and jail time.
Beyond legal penalties, a conviction can raise insurance rates, jeopardize your job, and leave you with a permanent criminal record.
Why Hiring a DUI Defense Lawyer Matters
Every step of the DUI process has opportunities for defense. At DeGraff Hicks Law Group, we analyze every detail of your case—from the legality of the traffic stop to the reliability of test results. Our attorneys know how to challenge the prosecution’s evidence, protect your rights, and fight for the best possible outcome.
The sooner you act, the more options you may have. If you’ve been arrested for DUI in Melbourne or anywhere in Brevard County, don’t wait—call us today at (321) 44-SHARK to schedule a confidential consultation.
