Musca Law DUI Overview

DUI Arrest
Maybe you were driving home from happy hour after a long day at work.  Maybe you were driving home from a barbecue at the beach.  Or maybe you were driving after an evening of celebrating the holidays with family and friends.  Then the nightmare begins - blue and red lights, sirens and the police shining a flashlight in your vehicle.  Police ask you to perform a number of exercises - called field sobriety exercises - such as finger-to-nose, one-leg stand and walk-and-turn.  The exercises don't go well.  You're under arrest.

Driving under the influence, commonly referred to as DUI, is a crime that can happen to anyone at any time.  You're not alone.  In Florida, law enforcement officers arrest more than 60,000 people for the crime of DUI each year. 
The minutes and days that follow a DUI arrest may be difficult.  Stunned.  Embarrassed.  Distressed.  If you were arrested for DUI, you will likely face a number of emotions, questions and concerns.  You are right to feel this way.  Florida DUI penalties are tough.  The stakes are high.  After you are arrested for DUI, your freedom and finances are on the line. 

Don't waste time.  Contact an experienced DUI attorney immediately.  Remember, this may be the first time that you have been arrested or charged with DUI, but it is not the first time this has happened to generally law-abiding citizen like you.  The criminal defense attorneys at Musca Law have effectively handled thousands of DUI cases throughout Florida.  Musca Law attorneys will evaluate and devise a solid defense for your case, providing you with the best chance of reducing your charges or completely avoiding a conviction. 

Within 10 Days After DUI Arrest - Administrative Case Begins
You were arrested for DUI.  What happens next?  Simply put, DUI equals double trouble.  A DUI arrest triggers two different cases presented against you:  (1) an administrative case and (2) a criminal case.  The administrative case is a civil matter pursued by the Florida Department of Motor Vehicles.  In contrast, the criminal case is prosecuted by the Office of the State Attorney. 

The administrative case begins immediately following your arrest.  If you are arrested for DUI, the Florida Department of Motor Vehicles will seek to suspend your license regardless of whether you are prosecuted or convicted in a criminal case.  Generally, you will have 10 days from the time of your arrest to continue to drive before your administrative suspension takes effect.  In order to protect your right to drive, within 10 days from the date of your arrest, you must request a formal review hearing. While you are awaiting the date of your formal review hearing, you will likely receive a temporary driving permit.  If you do not request a formal review hearing, your license will be suspended 10 days after the date of your arrest. The Department of Motor Vehicles will generally hold the formal review hearing within 30 to 45 days from the date of your arrest.  Musca Law DUI attorneys are prepared to represent you at each stage of the proceedings.  It is important to remember, that while the formal review hearing is separate from your criminal case, your attorney may gain important evidence during the hearing which may help your criminal case. 

For more information on formal review hearings and penalties, please visit the Formal Review Hearingpage on the Musca Law site.

Criminal Case
The second type of case that stems from a DUI arrest is a criminal case.  Once a driver is arrested for DUI, the arresting law enforcement agency will send evidence in the form of written reports, including a probable cause affidavit, to the Office of the State Attorney (prosecutor's office).  An attorney at the State Attorney's Office will review the evidence and determine whether to file formal charges.  By contacting an experienced DUI attorney immediately, your attorney may be able to speak with the attorney reviewing your case before formal charges are filed.  In some cases, an experienced DUI defense attorney may be able to present evidence to persuade the State to decline filing formal charges completely.  Again, time is important.  Contact an experienced DUI attorney as soon as possible.

The prosecutor reviewing your case will review the evidence presented by law enforcement to determine whether the State has a reasonable likelihood of conviction.  To prove the crime of Driving Under the Influence, the State must prove the following two elements beyond a reasonable doubt:

                         and/or

Notably, the State of Florida (prosecution) does not need to prove that the defendant (person charged with DUI) had a breath- or blood-alcohol level of .08 or more.  What does this mean for you?  You can be found guilty of DUI even if you did not submit to a breath- or blood-alcohol test. 

The prosecution only needs to prove two elements.  First, the prosecution must prove beyond a reasonable doubt that the driver drove or was in actual physical control of a vehicle.  Thismeans "the defendant must be physically in or on the vehicle and have the capability to operate the vehicle regardless of whether he or she is actually operating the vehicle at the time."  West's Florida Jury Instructions 2010.  In other words, if you are sitting in the driver seat of your car with your keys in the ignition, even if the car is not in motion, you may be convicted of DUI.

Secondly, the prosecution must prove that the driver was under the influence to the extent his or her normal faculties were impaired.  Normal faculties are defined as including, but not limited to, "the ability to see hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives."  West's Florida Jury Instructions 2010.  To prove that a defendant's normal faculties were impaired, most often, prosecutors solicit testimony from the arresting officer regarding the defendant's physical appearance and the defendant's performance on DUI exercises.

If the prosecution is successful in proving you committed the crime of DUI, you will face tough penalties.  The minimum and maximum penalties for a first DUI conviction are as follows:

For a more complete explanation of Florida DUI penalties, please visit the DUI Penalties page on the Musca Law site.

More DUI Consequences
In Florida, all DUI convictions require an adjudication of guilt.  In other words, if you are convicted of DUI, you will have a criminal record.  A DUI conviction cannot be expunged.  Finally, a DUI conviction may prevent you from pursuing many career paths or damage your current career.  An experienced DUI attorney will provide you with the best chance of reducing your charges or completely avoiding a conviction. 

Hire an Experienced Florida DUI Attorney
The criminal defense attorneys at Musca Law will evaluate and devise an effective defense for your case.  For more information on DUI in Florida, or if you were arrested for DUI, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).