A Florida DUI case ends in one of three ways: dismissal, a plea, or a trial. Choosing between a negotiated plea and a trial depends on the evidence, what each path can realistically produce, and how much uncertainty the person charged is willing to accept.
How a DUI case reaches the decision point
Few DUI cases are decided on the first court date. After arraignment, the defense receives the state's evidence through discovery, including reports, breath records and video, and Florida allows depositions of witnesses in criminal cases. In misdemeanor cases, which include most first and second DUIs, depositions are more limited and generally need a showing of good cause. Motions, such as a motion to suppress, may be filed and heard.
By the time a plea or trial decision is made, the strengths and weaknesses of the case are usually much clearer than they were at the arrest. That is why the decision is rarely made early.
What a negotiated plea can and cannot change
A plea bargain is a resolution negotiated with the prosecutor. Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving. This is never automatic, and it depends on the facts and on how the prosecutor views the case.
A plea to DUI itself has firm limits. Courts cannot withhold adjudication on a DUI, so a DUI plea results in a conviction. A DUI conviction cannot be sealed or expunged in Florida and stays on the Florida driving record for 75 years, and the penalties attached to the conviction still apply.
Many pleas are entered as nolo contendere, or no contest. That plea is common in Florida and is not an admission of guilt, but it still results in a conviction for a DUI.
What going to trial puts on the table
At trial, the evidence is tested in court. The state has to prove the charge, and the defense can cross examine witnesses, challenge the roadside exercises and any breath or blood result, and present its own evidence. A trial can end in an acquittal, in which case there is no DUI conviction.
Trial also carries uncertainty. If the result is a conviction, the judge decides the sentence within the range the law allows. For a first DUI under 0.15 with no minor in the vehicle, that range includes a fine of $500 to $1,000 and up to 6 months in jail, along with the other penalties of a first conviction.
Questions that usually shape the choice
Several questions come up in nearly every DUI case. How strong is the evidence of impairment, and is there a test result? Were there problems with the stop or the testing that could be raised by motion? What does the offered plea actually change compared with a conviction at trial? And how would each outcome affect the license, a job and insurance, including the FR-44 requirement after a DUI conviction?
None of these has a universal answer. The decision belongs to the person charged, made with a lawyer's assessment of the evidence. DUI Lawyers Shield Firm offers a free case review that can include an early look at the evidence behind this decision.
Keep reading
- Drug Recognition Experts in Florida DUI Cases: What They Actually Do
- How a Motion to Suppress Works in a Florida DUI Case
- What a Nolo Contendere Plea Really Means in Florida DUI Court
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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