Overview
How a Florida DUI case works
Facing a DUI charge can have serious and permanent consequences, including fines, license suspension, and even jail time.
These cases also turn on details that aren't obvious at first glance, such as the basis for the stop, the administration of the field sobriety exercises, the calibration and procedure behind any breath test, and especially the conversations during the encounter.
Liberate Legal helps clients understand what occurred, what the evidence actually shows, and what realistic paths forward look like.
Common Situations
Situations we typically see
- Traffic stops that escalated into a DUI investigation
- Breath testing at the scene or at a station
- Field sobriety exercises and roadside questioning
- License consequences following an arrest
- Prior DUI history on your record
- DUI allegations connected to an accident
- BUI (Boating Under the Influence) investigations on Florida waterways
What's at Stake
Court and license consequences
The impact of these cases often reaches further than the courtroom. Common considerations include:
- Driving privileges and license eligibility
- Your criminal record and future background checks
- Insurance rates and coverage
- Employment, particularly roles that require driving
- Professional licensing
- Reputation and personal stress on family
What To Do Next
First steps after a DUI arrest
- Read all paperwork carefully and note any deadlines for the license process.
- Preserve documents, receipts, photos, and any video you may have.
- Write down what you remember about the stop while it's fresh.
- Avoid discussing the case on social media or with anyone besides counsel.
- Speak with an attorney before making statements or entering a plea.
Avoid
Common mistakes after a DUI arrest
- Assuming the case is simple because the paperwork looks routine.
- Being too talkative during a DUI investigation.
- Assuming that “sleeping it off” in your vehicle means that you cannot be arrested for a DUI.
- Accepting a plea without discussing the issues with an attorney.
- Missing a license or traffic-related deadline that runs separately from criminal court.
- Volunteering details at first appearance or any other non-trial hearing without first discussing it with your attorney.
- Treating a first appearance as the time to make final decisions about resolution.
- Posting publicly about the arrest or the case.
When To Call
When to speak with counsel
- You've been arrested or cited for DUI.
- You received a notice about your driving privilege.
- There was an accident, injury, or property damage involved.
- You have prior DUI history.
- You're not sure what was tested, requested, or recorded at the scene.
How We Help
How Liberate Legal can help
Every case is different. Liberate Legal helps clients:
- Review the stop, the testing, and the paperwork in detail.
- Identify procedural and evidentiary issues that may matter to the case.
- Map out the license process and the criminal case side by side.
- Communicate with the court and prosecutors on your behalf.
- Help you make informed decisions about how to move forward.
FAQ
Frequently asked questions
Read every piece of paperwork carefully; note any deadlines, especially as it pertains to your license revocation; preserve anything that may relate to the case; and speak with counsel immediately.
Absolutely. If you refuse to take a breath test during a lawful DUI investigation, your license will be automatically suspended for 1 year or more (depending on the number of refusals) even before a DUI conviction. If you are convicted of a DUI, your license suspension will be based on the number of prior DUI convictions. See our interactive DUI penalty chart below for more specific information related to your situation. Always speak with a trained attorney before making any decisions about your case.
DUI is generally treated as a criminal matter rather than a civil infraction, which is why it can carry court appearances and a potential record.
Yes. Early guidance helps you understand the process, avoid missteps, and preserve information that may matter later.
The basis for the stop, whether any witness saw you driving, what was said during the encounter, whether you were read your Miranda rights, whether the officer is a Drug Recognition Expert, whether you refused field sobriety exercises or breath/urine tests, how field exercises were administered, the procedure and calibration behind any testing, and many other surrounding circumstances can all matter.
Field sobriety exercises are completely voluntary and not mandatory in Florida. You can legally decline these exercises without facing direct penalties. However, refusing a breath test can result in you being charged with a second-degree misdemeanor if it’s your first time and a first-degree misdemeanor if you previously refused. Moreover, a breath refusal can result in an automatic license suspension for 1 year or more. Nevertheless, less testing results in less evidence for the state to use against you for a DUI conviction. Consult with your attorney if you refused any of these tests during a DUI investigation.
Prior history can change what's at stake and what options are realistic. Sharing your full record with counsel early helps you plan with a clear picture.
Many DUI cases involve multiple court dates. Your attorney can explain the typical sequence and what to expect at each stage.
BUI is Florida's boating equivalent of a DUI, governed by Florida Statute § 327.35. It applies to operating a vessel while impaired, uses the same 0.08 BAC standard, and carries penalties similar in structure to a DUI.
Yes. Liberate Legal handles BUI matters in addition to DUI defense.
DUI · Find Out Friday
Watch: DUI explained, plainly.
Short, plain-language Find Out Friday videos covering the stop, the breath test, and what really matters in a Florida DUI investigation.
This information is for general educational purposes only and is not legal advice. Speaking with an attorney can help you understand how the law may apply to your specific situation.
