A DUI arrest is stressful. Most people have never been through the criminal justice system before, and they start making decisions based on advice from friends, social media, or random internet searches.
Unfortunately, some of those decisions can seriously hurt a Florida DUI case.
Table of Contents
5 Biggest Mistake You Can Make in Your Florida DUI Case
Here are the five biggest mistakes, or "deadly sins", that I see people make after being arrested for DUI in Florida.
Deadly Sin #1: Blowing the 10-Day Rule
One of the biggest mistakes people make is failing to understand Florida's 10-day rule.
After most DUI arrests, you generally have only 10 days to take action regarding your driver's license suspension.
What many people don't realize is that there may be two different paths available to get back on the road.
One option may involve requesting a formal review hearing, which can challenge the administrative suspension and provide your attorney with an opportunity to gather valuable evidence early in the case.
Another option may involve waiving certain rights and seeking a hardship license.
The problem is that many people immediately run out and enroll in DUI school because someone told them that's what they have to do.
In some cases, enrolling in DUI school immediately may make sense.
In other cases, it may eliminate options that could have been available to you.
That's why we created an entire video discussing the pros and cons of enrolling in DUI school before speaking with a DUI attorney.
The bottom line is simple:
Before you do anything with your driver's license, understand all of your options first.
Deadly Sin #2: Waiting Until Arraignment to Hire a Lawyer
Many people think:
"I don't need a lawyer until my first court date."
That can be a costly mistake.
A DUI defense often begins long before arraignment.
Evidence needs to be preserved.
Witnesses need to be identified.
Videos need to be obtained before they disappear.
Police reports need to be analyzed.
In some cases, there may be significant legal or factual issues that can be presented to the prosecutor before formal charges are even filed.
Sometimes, when the facts and law support it, an attorney can communicate with the State Attorney's Office before arraignment and convince them not to file charges at all.
This is commonly referred to as a "no file" decision, meaning the prosecutor declines to prosecute the case.
Not every case qualifies for that result, but if you wait until arraignment, you may miss opportunities to address problems with the case early.
The sooner an attorney becomes involved, the more options may be available.
Also, not every criminal attorney is equipped to handle DUI cases. See our criminal defense guide for more info.
Deadly Sin #3: Talking About Your DUI on Social Media
If your DUI case is pending, social media is not your friend.
People routinely post:
- Photos from the night of the arrest
- Videos explaining what happened
- Comments about how much they drank
- Jokes about getting arrested
Then they're shocked when those posts become evidence.
Even private messages, deleted posts, and tagged photographs can find their way into an investigation.
You don't need to help the prosecutor build a case against you.
Keep your DUI case off social media.
Deadly Sin #4: Assuming a Breath Test Over .08 Means You're Guilty
This is probably the most common misconception in DUI law.
Someone blows over a .08 and immediately believes the case is over.
Not so fast.
The breath test result is only one piece of evidence.
Before that result can be used against you, the State must establish that the arrest was lawful.
If law enforcement lacked probable cause to arrest you for DUI, there may be grounds to suppress evidence obtained after the arrest, including breath test results.
Additionally, the Intoxilyzer machine itself must be properly maintained, inspected, and operating according to FDLE regulations.
The State may have to establish:
- The legality of the traffic stop
- The legality of the detention
- Probable cause for arrest
- Proper administration of the breath test
- Proper maintenance and inspection of the Intoxilyzer
- Compliance with FDLE procedures
A number on a machine does not automatically equal a conviction.
Many DUI cases are won because of issues involving probable cause, constitutional violations, or problems with the breath testing process itself.
Deadly Sin #5: Believing a DUI Will "Drop Off" Your Record After Seven Years
I hear this one all the time.
Someone tells me:
"I heard it stays on my record for seven years and then goes away."
That is one of the most common DUI myths in Florida.
A DUI conviction does not automatically disappear after seven years.
A DUI conviction generally becomes a permanent part of your criminal history.
In Florida, a conviction cannot be sealed or expunged.
It can continue affecting:
- Employment opportunities
- Professional licenses
- Insurance rates
- Security clearances
- Future DUI sentencing enhancements
Contact Our Palm Beach DUI Attorney for Support and Defense to Win Your Florida DUI Case
Many people don't realize the long-term consequences until years later when a background check reveals the conviction.
A DUI is not something that simply "falls off" your record.
That is why it is critical to take the case seriously from the beginning.
If you need help, download one of our guides below, contact our office online or give us a call at (561) 671-5995 to speak with a member of our staff.
DUI GUIDE: Breaking Down DUI Myths That Will Hurt Your Case
Arrest Guide: My Love One Has Been Arrested: What's Next?
