Frequently Asked Questions Criminal Defense & DUI Law in Florida

What should I do if I am arrested in Florida? If you are arrested, exercise your right to remain silent and request an attorney immediately. Do not answer questions or sign any documents without legal counsel present. Contact a criminal defense attorney as soon as possible — the earlier legal representation begins, the better your chances of a favorable outcome.

What is the difference between a misdemeanor and a felony in Florida? In Florida, misdemeanors carry penalties of up to one year in county jail, while felonies carry penalties exceeding one year in state prison. Felonies include degrees from third-degree (up to 5 years) to capital felonies (life imprisonment). The classification affects bail, sentencing, and long-term consequences for employment and civil rights.

Can a criminal record be expunged or sealed in Florida? Yes, under Florida Statute 943.0585, certain criminal records can be expunged or sealed if you meet specific criteria. Generally, you must have completed all court-ordered obligations, have no prior expungements, and the charge must be eligible. An experienced attorney can evaluate whether your record qualifies and guide you through the petition process.

What are my rights during a police stop or search? Under the Fourth Amendment, you are protected against unreasonable searches and seizures. You have the right to refuse consent to a search of your vehicle or person. However, officers may search with probable cause or a warrant. Always remain calm, identify yourself if asked, but clearly state that you do not consent to searches.

What happens after a DUI arrest in Florida? After a DUI arrest in Florida, your driver's license is automatically suspended for 6 months (first offense) or 12 months (second offense). You have only 10 days to request a formal review hearing with the DMV to challenge the suspension. The criminal case proceeds separately, with potential penalties including fines of $500–$1,000, up to 6 months in jail, 50 hours of community service, and mandatory DUI school.

Can I refuse a breathalyzer test in Florida? Florida has an implied consent law — by driving on Florida roads, you have implicitly consented to chemical testing. Refusing a breathalyzer results in an automatic 12-month license suspension for a first refusal and 18 months for subsequent refusals. Refusal can also be used as evidence against you in court. However, there may be strategic reasons to refuse, which your attorney can advise on.

Is a DUI a felony or misdemeanor in Florida? A standard first or second DUI is typically a misdemeanor in Florida. However, a DUI becomes a felony if: it is your third DUI within 10 years, your fourth or subsequent DUI regardless of time, or if the DUI resulted in serious bodily injury or death. A felony DUI carries significantly harsher penalties including up to 5 years in prison.

What defenses are available for a DUI charge? Common DUI defenses include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, contesting the chain of custody for blood samples, and demonstrating procedural errors by law enforcement. An experienced DUI attorney will examine every aspect of your arrest to identify the strongest defense strategy.

Why should I hire a criminal defense attorney instead of using a public defender? While public defenders are qualified attorneys, they often carry caseloads of 300+ cases simultaneously, limiting the time and attention they can devote to your case. A private criminal defense attorney can provide personalized attention, thorough investigation, expert witnesses, and dedicated trial preparation. Attorney Sonny Im, a former Judge and Florida Prosecutor, brings over 35 years of courtroom experience to every case.

How much does a criminal defense attorney cost in Florida? Attorney fees vary depending on the complexity of your case, the charges involved, and whether the case goes to trial. Many criminal defense attorneys offer free initial consultations and flexible payment plans. The cost of not having proper legal representation — including potential jail time, fines, and a permanent criminal record — far exceeds the investment in experienced legal counsel.

What should I look for when choosing a criminal defense attorney? Look for an attorney with specific experience in your type of charge, a strong track record in Florida courts, and familiarity with local prosecutors and judges. Former prosecutors bring unique insight into how the state builds its case. Ask about their trial experience, success rate, and approach to your specific situation during the initial consultation.