What to Do After a DUI Arrest in Florida: Advice from a Melbourne DUI Attorney
Understanding Your Rights, Defenses, and Why You Need a Private Attorney After a DUI Arrest If you’ve been arrested for DUI in Florida, it’s natural to feel anxious or uncertain. At Murphy & Downs Law Offices in Melbourne, FL, we want to help you understand your rights, potential defenses, and what steps to take next. This guide breaks down what happens after a DUI arrest and why hiring a private Melbourne DUI attorney can make all the difference.
- Stay Calm and Comply with Legal Requirements If you’re pulled over, the best thing you can do is remain polite and calm. You are required to provide your driver’s license, registration, and proof of insurance. You do not, however, have to answer questions like “Where are you coming from?” or “How much have you had to drink?” Anything you say can be used against you.
- Field Sobriety Tests Are Voluntary in Florida Many people don’t realize that field sobriety tests (FSTs) are not mandatory. You can politely decline to perform them. These tests are often subjective and can be challenged later in court. If you were arrested after performing an FST, we may be able to question the reliability of those results.
- Understand Florida’s Implied Consent Law Under Florida Statutes § 316.1932, if you’re lawfully arrested for DUI, you must submit to a breath, blood, or urine test. Refusing the test results in an automatic driver’s license suspension: one year for the first refusal, 18 months for subsequent refusals. The consequences of refusing should be weighed carefully.
- What Happens to Your License Upon arrest, your license may be suspended. However, you have the right to request a formal review hearing within 10 days to challenge the suspension. At Murphy & Downs Law Offices, we help clients request and prepare for these hearings to protect their driving privileges.
- Common DUI Defenses There are multiple defenses to a DUI charge, including:
- Lack of probable cause for the traffic stop
- Inaccurate or improperly administered field sobriety or breath tests
- Medical conditions that mimic signs of impairment
- Violations of your constitutional rights, such as failure to read Miranda warnings
We carefully examine every aspect of your case to identify opportunities for dismissal or reduction.
- A Case Example: Medical Condition Misinterpreted as DUI We represented a client who was pulled over for swerving. The officer assumed he was impaired based on slurred speech and poor FST performance. However, our client had a medical condition and was on medication that affected his speech and balance. After presenting medical records and cross-examining the officer, we were able to get the DUI charge dismissed.
- Why Hire Murphy & Downs as Your Private DUI Attorney Hiring a private attorney ensures you get the time, resources, and personalized strategy your case deserves. Unlike overworked public defenders, we focus on building a strong defense from day one, challenging the evidence and protecting your rights at every stage.
- What to Do Immediately After a DUI Arrest
- Stay calm and follow lawful instructions
- Politely decline field sobriety tests
- Understand the implications of refusing a chemical test
- Request a license review hearing within 10 days
- Contact a Melbourne DUI attorney immediately
The sooner you act, the more we can do to protect your future.
FAQs – What to Do if You’re Arrested for DUI in Florida What should I do first after a DUI arrest? Provide your documents and remain silent. Contact a DUI defense attorney as soon as possible.
Should I take or refuse the breath test? There are pros and cons. Refusing leads to license suspension; taking it can provide evidence against you. Consult an attorney.
Can a DUI charge be dismissed? Yes. Improper police procedure, faulty testing, or medical conditions can lead to dismissal.
Can I keep my license? Possibly. You must request a hearing within 10 days of arrest to challenge the suspension.
Do I need a private lawyer? Yes. A private DUI attorney can give your case the attention it needs and increase your chances of a favorable result.
Contact Murphy & Downs Law Offices Today If you’ve been arrested for DUI in Florida, don’t wait. The legal team at Murphy & Downs Law Offices in Melbourne, FL is ready to defend your rights and help you move forward.
Call us today to schedule a confidential consultation with a Melbourne DUI attorney.