The law is full of rules, and it is these rules that govern how legal proceedings take place. For civil cases, depending on the type of case, there is a certain amount of time within which a case can be filed. If the deadline is not met, the litigants are left without a legal forum within which to settle their differences. In criminal law, the state is required to do certain things and defendants are permitted to exercise certain rights. Knowing what to expect for the type of case you are involved in will help you to develop a legal strategy that works, or a defense that fits the facts of whatever crime is being filed against you.

For DUI cases, here are five rules every defendant should know:

  • “Anything you say can and will be used against you”. We have all heard this line on TV or in the movies, and it is just as true in real life as it is on the big screen. If you tell the arresting officer you have had two or three drinks, you can expect that information to show up in his report and it will become part of the evidence against you when you go to Court.
  • When you get behind the wheel of your car in Florida, it is implied that you have already consented to any breath test that is asked of you if you get pulled over. The very act of driving on the state’s highways and byways is seen, in the eyes of the law, as your agreement to participate in a breath test if asked. You can refuse to take the test, but doing so will be used against you just like the words you say are used against you as evidence.
  • You are entitled to a defense attorney, and if you cannot afford one the state will provide one for you. It might seem like a money saver to go with the public defender, but a private attorney has more time to give your case and will be able to meet with you more frequently to develop a defense.
  • All DUI cases are two part matters; there is the criminal charge of DUI against you, and there is also an administrative portion of every DUI case that concerns the revocation of your driver’s license. Loss of driving privileges is automatic with every DUI arrest, but it can be challenged and in most cases a limited right to drive granted.
  • You are allowed to contact a friend or family member to help get you out of jail. It is difficult to get things accomplished while behind bars, so take advantage of the opportunity for help, and then act quickly once you are released from jail.

We have experience helping people navigate the ins and outs of DUI cases, and are here to help you too! Contact our office today to schedule an appointment.


For more information about DUI cases, call an experienced defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge, and look forward to helping you resolve your case in a satisfactory way.