What to Do After a DUI Arrest in FL

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Being arrested for driving under the influence (DUI) can be a terrifying experience. Drunk driving charges are oftentimes the first and only brush with the law a person will have in their lifetime.

When faced with the threat of jail time, expensive fines, and a lengthy license suspension, it can be difficult to know where to turn or who to trust. To protect yourself, it is important you understand the process of being arrested for DUI and prepare for what is to come.

Step 1: Being Arrested

During the traffic stop, it is important you remain calm and polite with the arresting officer. Becoming belligerent or combative will only serve to worsen your situation. Aside from providing your name, driver’s license, proof of insurance, and vehicle registration, you do not need to provide the officer with any other information.

If they question you about where you are headed, where you came from, or whether or not you have been drinking, you are not required to respond. In fact, it is highly encouraged that you do not provide the officer with any additional information. Anything you say can and will be used against you later on.

The officer may ask you to perform a roadside field sobriety test or handheld breathalyzer test if they suspect you have been drinking. If you have not yet been arrested, these tests are entirely optional and are not required. This is known as a preliminary alcohol screening (PAS) test and is solely for the purposes of the officer to determine if they have enough evidence to make an arrest. The only time you are required by law to submit to a breath test is after you have been lawfully arrested. Consenting to a PAS test can only hurt you.

Step 2: Being Booked

If an officer has decided they have enough evidence to arrest you, they will inform you that you are being arrested for DUI, place you in handcuffs, read you your Miranda rights, and transport you to the local county jail for processing. Once you arrive, you will be asked to take a breath, blood, or urine test to measure your blood alcohol concentration.

Under the state of Florida’s implied consent law, you must consent to any chemical test that an officer should request in the event of your lawful arrest. Refusing a chemical test can result in a one-year driver’s license suspension or longer if you have any previous refusals on your record. After you take a chemical test, you will be booked and held in custody for at least 8 hours.

Step 3: Securing Your Release

Once you have been held for at least 8 hours, or until your BAC has dropped below 0.05%, you will be released. If this is your first DUI, you will likely be allowed to leave on your own recognizance without having to post bond, known as an OR release. If you are not granted an OR release, oftentimes due to previous offenses or other aggravating factors surrounding your arrest, you will have to post bond as collateral in exchange for your release.

DUI bonds can cost anywhere from $150 to $1,000 and will vary depending on the circumstances of your situation. You may either post this amount yourself or enlist the services of a bail bondsman, who will often charge a 10-15% fee in exchange for posting the full amount of the bond.

Step 4: Contact Roegiers Law

After being released, it is imperative you retain a powerful attorney as soon as possible who can protect your rights and minimize your chances of conviction. At Roegiers Law, our DUI lawyers have defended countless accused clients throughout Stuart and Martin County against their drunk driving charges and can use our vast legal knowledge to fight for a reduction or dismissal of your charges on your behalf.

In addition, we can help you set up a DMV administrative license suspension hearing and seek to maintain your driving privileges. No matter how dire your circumstances may be, we can provide the aggressive advocacy you need to help you get through this difficult time with your freedom and dignity intact.