Being arrested for Driving Under the Influence (DUI) in Florida is a frightening experience that can have immediate and long-lasting consequences on your life, career, and freedom. The actions you take in the first 24 to 48 hours after your arrest are critical to the outcome of your case.
1. Exercise Your Right to Remain Silent
The most important thing to remember is that anything you say can and will be used against you. While you must provide your name, driver's license, and registration, you are not required to answer questions about where you have been, what you have been doing, or how much you have had to drink.
Politely tell the officer: "I would like to remain silent and I want to speak to an attorney."
2. The 10-Day Rule: Save Your License
In Florida, a DUI arrest often triggers an immediate administrative suspension of your driver's license. You only have 10 days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
If you fail to request this hearing within 10 days, your license will be automatically suspended for 6 to 18 months, depending on whether you refused a breath test. This is a hard deadline with no exceptions.
3. Document Everything
As soon as you are released, write down every detail you can remember about the traffic stop and arrest:
- What was the reason the officer gave for stopping you?
- Did the officer perform field sobriety exercises correctly?
- What were the weather and road conditions?
- Were there any witnesses?
These details can be crucial for your defense attorney to challenge the validity of the stop or the accuracy of the tests.
4. Contact an Experienced DUI Attorney Immediately
DUI cases are complex and involve both administrative (DMV) and criminal court proceedings. An experienced criminal defense attorney can:
- File the necessary paperwork to challenge your license suspension.
- Review the evidence, including dashcam footage and breathalyzer maintenance records.
- Identify procedural errors made by law enforcement.
- Negotiate with prosecutors to potentially reduce or dismiss charges.
At The Mirvis Law Firm, P.C., we have over 20 years of experience defending clients against DUI charges in Sunny Isles Beach and throughout Florida. We understand the science behind breath tests and the legal standards for traffic stops.
Don't face the system alone. Call us 24/7 at (718) 300-1678 for a free consultation.