What Should You Expect at Your DUI Trial in Miami?

You are probably anxious and worried if you have been charged for driving under the influence (DUI) in Miami and your case is set for trial. Criminal defense attorneys in Miami are your advocates in court and will fight to protect your rights. Knowing what to expect can help steady your nerves and effectively communicate your objectives with you lawyer.

DUI Cases in Florida

DUI cases in Florida are handled in two different districts. The criminal case will be heard before a judge and jury in a courtroom. Then a decision will be made on whether your driver's license will be suspended — this will be heard in an administrative hearing at the DMV's Division of Driver Licenses.

Your Miami lawyer should be able to defend you against criminal charges and help you retain your license or advocate for a hardship license so that you can still drive to work, school or for medical appointments.

What to Expect Before the DUI Criminal Trial?

The first court appearance after a DUI takes place within the first 24 hours of the arrest is aptly called the "first appearance." If you have not already been released on bond, you will show up in court to find out if you will be imprisoned. Every DUI case is entitled to a bond. Only in a case involving a death may the court hold the accused without a bond.

After that, around a month after your first appearance, you will return to court for the "arraignment," where you will enter your guilty or not guilty plea. You should retain the services of a Miami criminal defense attorney between the time of your arrest and the arraignment to better understand the trial process.

Unless your lawyer advises you to plead guilty, you will enter a not guilty plea. Your case will then be scheduled for a pre-trial conference.

Miami Criminal Defense Attorneys Can Help You

The prosecutor and your Miami criminal defense attorney will hash out your case's scheduling and other administrative details during the pre-trial conference. At this point, your lawyer may try to work out a plea deal with the prosecutor if that is what you desire.

With a plea deal, you will plead guilty to a reduced charge and accept a predetermined sentence so that you will not have to go to trial. If no plea deal is accepted, your trial date is scheduled.

Alternatively, your Miami lawyer may ascertain that your rights were violated due to a flaw in the alcohol testing procedure or by an unlawful arrest. In that case, they may file a motion to suppress to examine the evidence of why you were stopped by police and whether the alcohol testing procedures were correctly handled.

If a DUI trial is held, it will be a jury trial. This is a difficult process that you should not tackle on your own. Instead, hire a top Miami federal lawyer to defend your rights.

The Administrative Process

If the DMV hearing upholds the suspension of your license, you will be unable to obtain a hardship permit for at least 30 days. If the suspension is reversed, your license may be reinstated immediately — although it may be suspended again depending on the court decision.

A strong DUI defense in Miami includes helping you make a case to have your license reinstated or acquire a "business purposes only" license that permits you to go to work or school. After a DUI arrest, the best thing you can do for your case is to work with a reputable Miami criminal defense attorney.

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