An arrest for driving under the influence, or a DUI, can be overwhelming, confusing, and stressful. The decisions you make in the hours and days following your arrest can significantly impact the outcome of your case, adding to the pressure of the situation. When time is critical, understanding your rights,
deadlines, and the appropriate next steps, is the most important thing you can do to protect your future.
In this FAQ video, Attorney Rebecca Emert of Mowrey Law Firm, based in St. Augustine, Florida, breaks down what you need to know if you find yourself arrested for driving under the influence.
Talk with an Experienced DUI Defense Attorney Immediately
Before making any decisions about your case, it is important to speak with an experienced DUI attorney as soon as possible. The sooner you contact a qualified attorney, the better your chances of:
- Protecting your legal rights
- Navigating Florida’s complex DUI laws
- Minimizing penalties
- Achieving the most favorable outcome possible
Understanding DUI Penalties in Florida
DUI penalties vary depending on the specific facts of your case, including:
- Your blood or breath alcohol content (BAC)
- Whether an accident occured
- The presence and severity of bodily injury to another person or property damage
- Whether you have any prior DUI convictions
Depending on these circumstances, a DUI can be charged as either a misdemeanor or a felony. We
break down this distinction, and what it means for you in our other blog: ‘Is a DUI a Felony or a Misdemeanor in Florida?’ Florida is known for having some of the strictest DUI penalties in the country, making strong legal representation essential.
Two Cases After a DUI Arrest: Criminal and Administrative
One of the most misunderstood aspects of a DUI arrest in Florida is that you are actually facing two separate cases:
1. Criminal Case
This is prosecuted by the State Attorney’s Office and determines penalties such as:
- Jail time
- Fines
- Probation
2. Administrative License Suspension
This is handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
and focuses on your driver’s license.
The 10-Day Deadline to Protect Your License
After a DUI arrest, Florida law gives you only 10 days to challenge the automatic suspension of your
driver’s license.
If you miss this deadline:
- Your license may be suspended
- You could lose driving privileges before ever going to court
An experienced DUI attorney can quickly file the necessary paperwork and request a hearing to fight the suspension.
Why Hiring a Local St. Johns County DUI Attorney Matters
Choosing a local DUI defense attorney can make a significant difference in your case.
A local attorney offers:
- Deep knowledge of the St. Johns County court system
- Familiarity with local judges and prosecutors
- Insight into jury tendencies and expectations
- Established professional relationships that can aid negotiations
You want a local attorney who knows the system so they can fight it. At Mowrey Law, we have spent years building strong professional relationships across St. Johns County with prosecutors, judges, law enforcement, and court personnel.