If a driver is arrested for DUI and blows above the legal limit (.08) or refuses the breath test, their license will be administratively suspended. This suspension is issued immediately after the arrest and is completely independent of the criminal case. The outcome of the administrative hearing does not affect the criminal case. Even if the criminal charges are dropped, the initial administrative suspension remains. However, winning the administrative hearing and having the suspension set aside can impact any future court suspension if found guilty of DUI.
First Court Date and Pre-Trial Conference
An “Arraignment” is the first court appearance in a criminal matter. It usually occurs about a month after the arrest. During an arraignment, the driver is brought before the court and informed of the charges. The defendant then enters a “guilty” or “not guilty” plea. Defendants rarely plead guilty at this stage.
If the defendant pleads “not guilty,” the case will proceed like any other criminal case in Florida. After the arraignment, a pre-trial hearing is scheduled. Here, the state and defense discuss the case, determine scheduling, and address continuances and discovery issues.
Plea Negotiations and Evidence
In DUI cases, police videos are often crucial. These videos, recorded in the police cruiser, show the defendant’s driving patterns up until the traffic stop and their interaction with officers after the stop. Most DUI investigators also record the field sobriety tests and the request for a breath test at the police station. This evidence can benefit the defendant by leading to evidentiary suppression or motions to exclude the evidence at trial. However, a video showing clear signs of impairment can make it difficult to achieve a favorable outcome.
If the parties cannot reach a plea agreement, the case will go to trial, typically a jury trial with six jurors who decide the defendant’s guilt or innocence.
Legal Representation
DUI attorneys of Ticket Shield explore all options to achieve a full dismissal of the case, if possible. They will represent you in court, allowing you to continue supporting yourself and your family. To convict someone of DUI, the prosecutor must prove beyond a reasonable doubt that the crime occurred. An effective defense can result in reduced penalties, charges, and even dismissal. Even with overwhelming evidence, a good defense lawyer can present mitigating factors to reduce the punishment.
Don’t let traffic tickets or driving-related charges weigh you down. Contact our Stop Sign Ticket Lawyer in Broward County today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!
This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:
- Traffic Ticket Lawyer
- DUI Lawyer
- Speeding Ticket Lawyer
- Reckless Driving Lawyer
- Suspended License Lawyer
- Red Light Ticket Lawyer
- Stop Sign Ticket Lawyer
- Seat Belt Ticket Lawyer