Facing Your First DUI in Florida? What to Expect and Potential Defense Strategies

For individuals facing a DUI charge for the first time in Florida, your case can feel extremely overwhelming. However, with a criminal defense attorney in St. Petersburg at the Law Office of Marc N. Pelletier, you can rest assured knowing that your team will work tirelessly to achieve the most favorable outcome possible.

If you or a loved one are facing a first-time DUI charge, it may help to understand what the process looks like, as well as potential defenses.

Understanding Florida DUI Laws

In Florida, it is illegal to operate a motor vehicle with a blood alcohol concentration of 0.08% or higher. However, contrary to popular belief, you can still be charged with a DUI even if your BAC is below this limit if law enforcement believes your normal faculties are impaired. This is due to the fact that Florida DUI laws extend beyond alcohol and include medications that are controlled substances or illegal substances. 

During the DUI stop, the officer may choose to administer Field Sobriety Tests to determine whether an individual was driving impaired. During a DUI stop, you need to remain respectful and compliant, but you can choose to refuse any of the tests you may be asked to do. While that may result in an arrest, consult with a top defense attorney in St. Petersburg for defense backed by combined decades of successful outcomes.

The Arrest Process and Initial Court Appearance

When a person is arrested for a DUI in Florida, they are typically taken to jail for booking, and their driver’s license may be immediately suspended depending on whether they blow a .08 or higher or refuse to submit to breath, urine, or blood testing. Within the first 10 days of an arrest, they must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles if they wish to contest the driver license suspension. This is where having a St. Petersburg criminal defense attorney with the Law Offices of Marc N. Pelletier who understands the local courts is extremely beneficial.

The first court appearance is known as an arraignment, and is where the accused hears the formal charges and enters a plea. If the defendant pleads not guilty, pre-trial motions and hearings will follow, which can lead to a possible trial. If the individual is convicted, penalties for a first-time DUI may include fines, probation, community service, DUI school, and in some cases, jail time.

Potential Defense Strategies

Defending against a DUI charge requires an extremely thorough examination of the evidence  and in-depth knowledge of legal procedures. Some effective defense strategies your DUI defense attorney may choose to employ include:

• Challenging the legality of the traffic stop
• Questioning the accuracy of any Field Sobriety Tests that were administered
• Disputing breathalyzer or chemical test results due to calibration, improper administration, or an excessive amount of time passing between the time of driving and the time of testing
• Negotiating for reduced penalties in a plea deal if that is the most effective route to take

A first-time DUI charge in Florida can potentially result in serious consequences, but understanding the legal process and working with an experienced attorney can help you achieve the most favorable outcome. If you or a loved one is facing a DUI charge, seeking legal counsel from a trusted defense attorney in St. Petersburg as soon as possible is key to protecting your rights.

Are you facing a first-time DUI charge? Request a free case consultation or call our office today at (727) 493-9386 to schedule an appointment.