Ft. Lauderdale DUI Arrest Process
Being arrested for DUI in Ft Lauderdale can be an unnerving experience to say the least. Moreover, the real difficulties associated with a DUI come not in the form of handcuffs and backseats of police cruisers but when you are charged for driving under the influence (DUI) and face a number of problems, including license suspension, fines, court fees and possible jail and/or prison time, mandatory probation, DUI school and community service, etc.
Once you’ve been arrested for DUI, you will understandably have many questions about your case. We strongly recommend contacting one of our attorneys at Leifert & Leifert to discuss your case and sort through the various particular issues, we have created this page in order to address some of the most basic, frequently asked questions about process.
Length of a DUI Case
The length or life of the case is determined by who the Judge is and the complexity of the case itself. DUI cases can be resolved in a matter of months on the one hand or may take two years or longer on the other, depending on a variety of facts and circumstances unique to your case.
Appearing in Court
No appearance is required at the Department of Motor Vehicles (DMV) hearing if an attorney represents you. Whether or not your presence will be required at the Court hearings will be determined by your Judge’s particular rules and policies regarding this issue. Some Judges do not require that you appear if you are represented by an attorney while others will require your appearance even if you have representation.
In order to qualify for a Hardship License, you must be enrolled in a court-approved DUI school and you cannot have had more than two (2) DUI convictions on your record.
|Your Driver’s License Time Line:|
|Arrest||OK to Drive Legally for the first ten days. See your citation.|
|10 days||Must file for review with Florida Department of Motor Vehicles (DMV) before 10th day or suspension will be final! DMV will issue a restricted business purpose only license that will remain in effect until decision of DMV.|
|Approx. 30 days
DMV Review Hearing
|Result #1 – Suspension ruled unlawful – license is returned by DMV if successful at license review hearing – driving privilege restored.
Result #2 – if breath result above 0.08 and the DMV rules that the license suspension was lawful, there will be a period of 30 days of no driving with the remaining five months of the suspension with a “hardship license.”
Result #3 – if you refused the breath test or the giving of a sample of your urine and the DMV rules that the license suspension was lawful, there will be a period of 90 days of no driving with the remaining nine months of the suspension with a “hardship license.”
|Court Proceedings Time Line:|
|Arrest||Case assigned to a Judge/awaiting for Court date.|
|Approx. 45 days||First Court date (arraignment) – entry of plea of not guilty – attorney may appear on behalf of client.|
|Approx. 2 months||State discloses “discovery” (all evidence – video tape, police reports, etc.).|
|Approx. every 4 weeks||Calendar call/status conference with the Judge in Court.|
|“Discovery” of case is ongoing||Depositions/case investigation Pre-Trial Motions to Dismiss or Exclude Evidence.|
|Case Concludes||Case resolved by dismissal, reduction of charge to reckless driving, trial, or negotiated resolution with State.|