Understanding the Florida DUI Trial Process: A Complete Step-by-Step Guide

Facing a charge of driving under the influence (DUI) can be one of the most stressful, embarrassing, or consequential moments of your life. Whatever your circumstances, understanding the Florida DUI trial process can help you effectively navigate your way through the legal ordeal to come.

Being prepared with a basic understanding of the trial process will allow you to make informed decisions, protect your rights, and communicate more effectively with your attorney. With nearly 30,000 annual DUI arrests in Florida, and around 5,000 alcohol related crashes, the likelihood of getting caught up in one of these incidents may be higher than you think.

Arrest and Investigation

It needs to be emphasized that the process of a DUI trial really begins the moment a law enforcement officer pulls you over on suspicion of impaired driving–or, worse, finds you at the scene of an alcohol-involved wreck. Anything that occurs or gets said from this moment forward may affect the eventual outcome of a DUI trial.

Officers look for signs an individual may be under the influence. This could include slurred speech, bloodshot eyes, or the smell of alcohol. They will also conduct field sobriety tests or ask you to submit to a breathalyzer analysis. If the police believe there is probable cause to arrest you for DUI, you will be taken into custody. Your vehicle may also be subject to impoundment at this time.

Once you have been arrested, remain silent other than to request to contact your attorney immediately.

Arraignment

After you’ve been arrested, you will be arraigned. Arraignment, while technically not a part of the trial itself, will have a significant bearing on the process to come. This is where the judge formally reads the charges against you, and you will be asked to enter a plea: guilty or not guilty.

Many people will plead not guilty at this stage to give their attorney time to review evidence, file motions, and prepare a solid defense. Even if you are open to the idea of a plea deal, pleading guilty too early in the process can potentially cut you off from future opportunities to negotiate for reduced penalties. Of course, every DUI case is different and calls for individualized advice from a trusted criminal defense attorney.

At this point, the Florida Department of Highway Safety and Motor Vehicles may have also begun a parallel process to suspend or revoke your driver’s license. In the State of Florida, this matter is separate from your criminal trial.

If you have not yet done so, pre-arraignment is also a great time to finally stop trying to face this stressful challenge alone and reach out to an attorney who can help you.

Discovery

During the discovery phase, the prosecution and defense will enter and review various pieces of evidence. In a DUI case, this will often include video footage from surveillance cameras, dash cams, or body cams. Testimony from law enforcement and other witnesses often plays a large role as well. Security footage from establishments that serve alcohol is also sometimes admitted to court.

During discovery, it will be important to work with an attorney who is able to analyze all of the evidence effectively in order to identify a defense strategy that will work in your case. Strategies may include:

• Technical defenses, such as showing there was no probable cause for a traffic stop to occur in the first place
• Highlighting errors or violations of a defendant’s rights during the process of arrest and sobriety testing
• The possibility of faulty breathalyzer calibration or other equipment failures
• The mishandling of evidence or other procedural violations during the traffic stop and arrest

In certain cases, a skilled Sarasota DUI lawyer may even be able to file pre-trial motions that result in a case being dismissed entirely before the trial ever occurs.

Negotiations and Conferences

Before a trial begins, in truth, plea negotiations and various pre-trial meetings often occur. For example, the prosecution might agree to reduce a DUI charge to a lesser offense like reckless driving if certain conditions are met by the defendant.

The correct negotiation strategy for your unique case will depend on a variety of factors, such as your prior record, the strength of the prosecution’s evidence, your individual goals, the quality of your attorney, and, most importantly, the facts of the case.

Plea bargains are not the right move for every defendant, but in some cases, they do offer the lowest-risk path to a fair and tolerable outcome. Your attorney will be instrumental in helping you catalog the pros and cons of any offered agreement.

The DUI Trial

If a plea deal is not reached, an actual criminal trial before a judge will commence. The trial itself is only one part of the overall process, but this critical step has a complex timeline all its own, which typically unfolds as follows:

1. Jury Selection
2. Opening Statements
3. Prosecution Presents Witnesses and Evidence
4. Defense Presents Witnesses and Evidence
5. Closing Arguments
6. Deliberation and Verdict

Sentencing

If a DUI trial does not end in a defendant’s favor, the next step is for the judge to hand down a sentence. This includes fines, court costs, community service, mandatory substance abuse counseling, and jail time. The exact sentence will depend on the severity of the incident, the driver’s prior history, and other factors.

If you believe errors occurred during your trial, you can talk to your lawyer about appeals or other post-trial motions to challenge the outcome of the case.

FAQs About Florida DUI Trial Process

What Are the Three Phases of a DUI Investigation?

The phases of a DUI investigation can look quite different from case to case, depending on the nature of the incident and the tactics favored by the law enforcement agencies and individual investigators involved. A generic three-phase model for a typical DUI investigation might involve the officer observing behavior or erratic operation while a vehicle is in motion, pulling over the vehicle, and contacting the driver to ascertain basic facts, and conducting pre-arrest testing, such as a breathalyzer.

Can a First-Time DUI Be Dismissed in Florida?

A first-time DUI can potentially be dismissed in Florida, but this depends on a variety of factors, such as the severity of the incident, the available evidence, and whether any errors were made during your arrest and processing. Having a high-quality defense attorney will help you identify any potential opportunities to argue for a case to be dismissed.

What Is the Ideal Plea Deal for a DUI?

The ideal plea deal for a DUI will be different for every individual case. A plea deal depends on your individual goals, the circumstances of the case, and the quality of the evidence against you. To understand what an ideal plea deal might look like in your case, speak with your attorney, who will review the details of your case and help negotiate on your behalf to try to secure an effective deal that could avoid litigation.

How Long Does a DUI Case Take in Florida?

Like any other criminal proceeding, the total length of a DUI case in Florida will depend on a range of factors, such as the complexity of the case, the amount of evidence admitted, current caseloads at the local courts, and the number of motions filed. Your attorney can help you get a better idea of the precise timeline for your unique case.

Hire a DUI Lawyer Today

If you need to hire a DUI lawyer who is familiar with Florida laws and Florida courts, we encourage you to reach out to the DUI defense team at Ruhl Law, P.A., for a confidential and judgment-free consultation. If you’ve been charged with DUI, every second counts–get help now.