Florida drunk driving arrests generate two different cases – in court, and at the Department of Motor Vehicles. Both carry serious consequences and require expert legal help. A Florida DUI /DWI criminal defense attorney will develop an aggressive strategy designed to protect the driver’s rights and prevent repercussions.

The court process can seem confusing to those who are unfamiliar with it, but all criminal trials are conducted in a similar fashion. The first step in the court process is arraignment. If an accused drunk driver remains in jail after an arrest, he or she must be arraigned within 48 to 72 hours. If the motorist has been released on bail or on his or her own recognizance, the arraignment may be set at a later date. 

At the arraignment, the driver will be advised of the charges and read his or her rights.  Criminal defendants are entitled to the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to view evidence to be used against them.  At the arraignment, the driver must enter a plea. Possible pleas include not guilty, guilty, or nolo contendere – commonly known as no contest.  A no contest plea is similar to a guilty plea, but cannot be used against a defendant in a civil trial.

The next phase in the court process is the submission of pretrial motions. Common pretrial motions include discovery motions, a motion to suppress evidence, motions to dismiss, and other motions in limine. Pretrial motions can be submitted at the arraignment or heard at a later hearing date.  

At some point, a prosecutor may offer a plea bargain that permits the defendant to plead guilty to a lesser charge. Sometimes accepting a plea bargain is advisable, but in other circumstances it’s not a good idea. An experienced DUI / DWI lawyer can evaluate an individual case to determine whether a plea bargain is in the driver’s best interests.

The next phase of the court process is trial. The first stage in the trial process is jury selection. This process is known as voir dire, or the examination of prospective jurors to determine their qualifications for service. Jurors can be excused “for cause” or at the discretion of the attorneys, also called a peremptory challenge.  Once the jury has been selected, the trial begins. 

DUI / DWI trials usually last several days. Both the defense and the prosecution give opening statements. They directly examine their own witnesses and cross-examine opposing witnesses. Finally, each side delivers closing arguments. The judge then instructs the jury on how to apply the law to the facts of the case. 

The next phase of the trial is jury deliberation.  If the jury reaches a conclusion, the foreperson announces the verdict to the court – guilty or not guilty.  The judge, not the jury, decides the appropriate punishment, which may be enhanced by the facts of the case.

If all six jurors cannot agree on a unanimous verdict, the trial will result in a hung jury. This is actually good news for the defendant, because many prosecutors decline to refile the charges or offer a generous plea bargain rather than take the case to trial again.