DUI Process in West Palm Beach, Florida

Understand the Florida DUI Process With our Attorney in West Palm Beach

When Florida attempts to convict someone of driving under the influence (DUI), prosecution will try to prove that the defendant was either driving with a blood alcohol concentration (BAC) level over the legal limit – 0.08% in most situations – or that the defendant was driving under the influence to the extent that his or her normal faculties were impaired.

Police, investigators, and the prosecution begin collecting evidence against the suspect from the moment he or she is pulled over. To re-level the legal playing field, it helps to understand the DUI process in Florida from start to finish.

The Usual DUI Arrest Process in Florida

1. Traffic stop: Police are not permitted to pull over a driver without a legitimate reason. An officer may conduct a traffic stop based on a routine traffic infraction or if the officer has reasonable suspicion to believe the driver is driving under the influence. Any evidence collected from an unlawful traffic stop could be inadmissible in court or hearings. However, once a police cruiser signals for you to pull over by flashing the pylons and blaring the sirens, you must comply, even if you do not believe there is due cause.
2. License and registration: As with any traffic stop, the police officer is permitted to request basic information from you, including your name, license, and registration. Giving any information beyond that which can be found in public records is optional. The officer is looking for any reason to suspect you are driving while intoxicated at this point.
3. Field sobriety tests: If the police officer is satisfied that he or she has reasonable suspicion that you are driving under the influence, he or she will instruct you to leave the vehicle and perform field sobriety tests (FSTs). You must exit the vehicle but may want to ask if the FSTs are mandatory. Some can be denied without immediate legal consequence.
4. Chemical testing: If you refuse or perform poorly on an FST, you may be taken back to the police station for chemical testing, such as a breath test or a blood or urine test. Under Florida’s “Implied Consent Law,” the police can require any person who is suspected of a DUI to submit to a chemical test. Breath and urine tests do not require warrants, but blood tests do. Florida law permits police officers to request a driver’s breath or urine after a DUI arrest or face the consequences that accompany a refusal to submit to chemical testing. Any evidence collected from an unlawful chemical test can also be challenged in court.
5. Booking or release: Depending on the result of the chemical test to find your BAC level, you will either be arrested and booked there at the station or released. Keep in mind that you have the right to remain silent until you have a chance to speak to your lawyer.
6. Administrative hearing: If or when you are charged with a DUI, you need to start thinking about requesting an administrative hearing with the DMV as soon as possible. Charges filed against you will trigger the automatic suspension of your driver’s license unless you convince an administrator that the license suspension is unjust during a hearing. You may only have 10 days to contest.