I’ve been Arrested for Florida DUI – Am I Automatically Guilty? (Part A)

An arrested individual is not automatically considered guilty, even if the arrest is for a Florida DUI. The accused has the right to a fight their charges in court and to have a Miami DUI defense attorney represent them. Remember, you are always innocent until proven guilty. 

Florida has its own punishments for drunk driving. By hiring a qualified Miami DUI defense lawyer you can benefit by having an attorney knowledgeable in Florida’s specific DUI laws, penalties, and trial processes fighting on your side.  

There will actually be 2 trials related to your Florida DUI charges. In addition to your criminal charges, you will also face a civil case from the Department of Highway Safety and Motor Vehicles.  

The Criminal Case for Your Florida DUI Charges 

After you have been arrested for a Florida DUI you will likely be brought back to the police station and given an evidentiary breath test. If your arrest is the result of a car accident, or injuries/other circumstances make you unable to undergo breath testing, you may be taken to the hospital for a blood test. Florida allows you to request an independent blood test, which you can and should ask for if you believe your blood alcohol content (BAC) level is below the legal limit of .08. 

Your first court appearance after a Florida DUI arrest will actually take place in the jail within 24 hours if you have not yet been released. This is where the judge will tell you about your charges and either grant your release (through bond or on your own recognizance) or the judge will order that you remain in jail if probable cause exists that would allow them to keep you detained. 

The next phase of your Florida DUI arrest is your arraignment where you will be asked to enter your plea of Guilty, Not Guilty, or No Contest. It is absolutely in your best interest to have an experienced Miami DUI defense lawyer will you at this time. If you cannot afford a lawyer the court can and will appoint one for you, but having an attorney well versed in Florida’s DUI laws is a much better attorney to have on your side than an overloaded public defender. 

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