Two cases, not one

The criminal case is the one people think about. It runs through the Brevard County court system and it is where a conviction, probation, or jail time is decided.

The administrative case runs through the Department of Highway Safety and Motor Vehicles and it is only about your driver license. It has its own deadline, its own hearing, and its own outcome. You can win one and lose the other. That hearing also happens early, which makes it one of the few chances to question the arresting officer under oath before the criminal case has really started.

Breath, blood, and field sobriety testing

A breath result is not a fact. It is the output of a machine that has to be maintained, calibrated, and operated correctly, by an operator who has to follow a specific procedure. Maintenance records, inspection logs, observation periods, and operator certification are all discoverable, and they are all places where cases come apart.

Field sobriety exercises have a similar problem. They are standardized tests scored by a person, often at night, on uneven pavement, sometimes with an injury or a medical condition that nobody asked about.

What a defense looks at

• Whether the officer had a lawful reason to stop you in the first place
• Whether there was probable cause for the arrest
• How the breath instrument was maintained and whether the operator followed procedure
• Whether the observation period was actually observed
• Video from the stop, the roadside, and the breath room
• Medical conditions, injuries, and medications that affect testing
• Whether the license can be protected through the review hearing
• Eligibility for a hardship license or a diversion program, where one applies

First offense, repeat offense, and enhanced charges

Florida treats DUI differently depending on your history and what happened. A first offense with no aggravating facts is handled very differently from a case involving a high breath reading, a minor in the vehicle, a crash, or a prior conviction. Repeat offenses carry escalating consequences, and some become felonies. What you are actually facing depends on the specific facts of your case, which is worth understanding early rather than at the courthouse.