DUI & Criminal Division

Know the DUI Process In Florida

January 27, 2023

Consequences for DUI are severe in Florida and the whole process could seem infuriating. This is why it is advised to have an experienced DUI lawyer in Tampa at your side. Several stages are involved in a DUI charge, and each phase covers different aspects of the DUI case. After a DUI arrest, booking & bail occurs, followed by arraignment, preliminary hearing, pre­trial motions, plea bargains, trial, sentencing, and appeals.

Arrest: An arrest is made when the police officer has a possible cause to believe a crime of DUI has occurred. Once the offender is taken to jail, breath or urine sample is asked in line with the implied consent law. Details of the person will be collected. After supervising the test, the person will be taken to booking. During this phase, you are admitted into the jail and further personal information, photo, and fingerprints are collected.

Bail and First Appearance: Bail is a specified amount of money that will ensure your return to the court. This process begins when you post the money to bond out. In case you don’t have money, you can contact bail bondsman or wait for the first court appearance. During the first appearance, the judge will analyze the probable cause affidavit that includes the facts of your case prepared by the officer. The judge will then determine if there is the real reason for your DUI arrest.

Arraignment: During this stage, the DUI lawyer Orange County appearing on your behalf will enter a plea of not guilty and deny the charges. For those who don’t have an attorney, the exact charge will be announced by the state at the time of the arraignment. If the offender enters a plea of not guilty, after hearing the charges, a “pre­trial conference” date is set by the court and if the person enters a plea of guilty he will be punished.

Pre­trial motion: Many motions occur after the information is filed. In order to place you in the best possible position, several proceedings take place. The Demand for Discovery, Pre­Trial Conference and Pre­Trial Motions are the three most popular types of pre­trial motions.

Discovery: Discovery will be requested by your attorney after the arrest is made. It will take a lot of time to receive DUI discovery. Video evidence, lab reports, and breath testing information, along with the witness list of all the people are included in the discovery.

Pre­Trial: Once the discovery is obtained, a pre­trial date is set. At this time, pre­trial motions are filed and deadlines are set.This stage ensures that a trial date is set and the case moves forward on time. The next step is Pre Trial Motions, which occurs just before the trial. Motion to suppress, motion to dismiss, motion to compel and the motion in limine are the popular pretrial motions. Soon after appropriate motions are filed by the attorney and the ruling is rendered, you should choose whether to proceed to trial or plea.

Plea Bargains: During this stage, the attorney enters into plea bargains in order to avoid the trial. Most of the cases are resolved during plea bargaining. If an agreement is accepted by the client, you enter a plea and the case will be over. Otherwise, you will proceed to trial.

Trial: On the date of the trial, the jury will decide if you are not guilty or guilty. The procedures of each jurisdiction vary. All the procedures of the trial will be explained by the attorney. Immediate sentencing is ordered, if the person is found guilty.

Sentencing and Appeals: It is the duty of the judge to announce your sentence. As you know, the DUI penalties are severe and they could include jail time, pay fines, court fees, license suspension, and DUI school hours. In case you are not satisfied with the verdict, you are entitled to appeal to a higher court. If the high court reviews your case and finds major flaws, the lower court is directed to start the case all over again. Appeals are very expensive affairs.

These are the different procedures of DUI. Hire an Orange County DUI attorney right now to make the whole DUI process less hectic and increase your chances to avoid penalties.

This entry was posted in DUI attorney Tampa.

Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.