Should I Fight DUI Charges?

If you have been arrested for DUI, driving under the influence, you will want to take the charges very seriously. The penalties for a DUI conviction can be severe and may include a jail sentence, a fine, and possible suspension of your driver’s license. First, keep in mind that you won’t face penalties unless you’re convicted. It may be in your best interest to fight the DUI charges. While every case is different, it is possible to win a DUI case in court. If you’ve been charged with DUI you’ll have the best chance of a positive outcome with the help of an experienced DUI attorney. Your lawyer will review your case and assist in presenting your defense.

First Appearance

The first time you appear before a judge after your arrest is also known as an arraignment. The judge will tell you the exact charges against you and will set your bail. You’ll do best by having legal representation at this hearing. Your lawyer will speak to the prosecutor to briefly discuss the case and learn the charges against you. In many DUI cases, there are multiple infractions. If possible, your attorney will work to get some of the charges dropped or reduced. If you’re being held in jail, your attorney will try to get the lowest possible bail. In some cases, you may be released without having to post bail.

Suspension of Driving Privileges

When you’re charged with DUI the officer will take your driver’s license. If convicted you may receive a suspension of your license or, in extreme cases, your license could be revoked. In the interim, you will be unable to drive. To be able to drive in the interim period you’ll need to request a hearing with the Florida Department of Highway Safety and Motor Vehicles. You or your attorney must request the hearing within ten days of your arrest. During the hearing it will be decided whether you can keep your driving privileges until your DUI case is resolved in court. Keep these important tips in mind:

  • Request a DMV hearing within 10 days of your arrest
  • Your attorney can make the request and represent you
  • A DMV hearing is separate from the criminal hearing / trial
  • You may be able to keep your license until your court date


How to Fight DUI Charges

At the initial hearing the judge will schedule a court date.  At this court appearance your lawyer will present your case to the judge. It is extremely helpful to get your attorney involved in the DUI case as soon as possible. Your attorney will review every aspect of your case including the traffic stop and analysis of the breathalyzer test. Mistakes can occur and there are times when there isn’t enough evidence or where the results of the breath test are in question. Your attorney will work diligently to protect your rights and will represent you in court to get the optimal results.