DUI cases involve evidence, procedures, and deadlines that most general criminal defense questions do not cover. The seven questions below are the ones worth asking before you hire someone to handle yours.
- Have you handled the DHSMV license hearing, not just the criminal case?
- Do you have training on field sobriety testing and breathalyzer procedure?
- What percentage of your DUI cases go to trial?
- What happens to the breathalyzer or blood test results in my case?
- Will you personally handle the DHSMV hearing and the criminal case?
- Who do I call if something happens before my hearing date?
- What is the realistic timeline for a case like mine?
A Florida DUI arrest creates two separate proceedings running on two different clocks: the criminal case, and a driver’s license suspension with a separate 10-day deadline. Our first DUI guide covers that deadline and what happens in the days right after an arrest in more detail. Here is why each of the seven questions above matters.
“Have you handled the DHSMV license hearing, not just the criminal case?”
A DUI arrest in Florida creates two separate proceedings: the criminal case, and a driver’s license suspension with a separate 10-day deadline to request a formal review. Ask whether the attorney handles both, and specifically how many DHSMV hearings they have done. Some criminal defense attorneys handle the court case but rarely touch the license side.
“Do you have training on field sobriety testing and breathalyzer procedure?”
Field sobriety tests and breathalyzer results are often the core evidence in a DUI case, and both can be challenged on procedural grounds: improper administration, uncalibrated equipment, an officer who did not follow protocol. An attorney familiar with the underlying standards for these tests, not just the fact that they exist, is better positioned to find those weaknesses.
“What percentage of your DUI cases go to trial?”
This is not asking whether your case should go to trial. It is asking whether the attorney is willing to when the facts support it. An attorney who never tries DUI cases has less leverage in every negotiation, because the prosecution knows a plea is coming regardless of the offer.
“What happens to the breathalyzer or blood test results in my case?”
Ask what your attorney sees when they look at your test results and the circumstances around them. A vague answer here, before the attorney has reviewed anything, is less useful than an honest “I need to see the report first.”
“Will you personally handle the DHSMV hearing and the criminal case?”
These two proceedings sometimes get treated as separate tracks by different people at the same firm. Ask directly whether one attorney is handling both, or whether you will be working with different people for each piece.
“Who do I call if something happens before my hearing date?”
DUI cases move on a tighter clock than most criminal matters, with the 10-day license deadline and a first appearance often within 24 hours of arrest. Ask directly whether you will be able to reach the attorney handling your case, not a general office line, if something comes up before your next court date. A DUI case where the client cannot reach anyone during the 10-day window has already lost time that cannot be recovered.
“What is the realistic timeline for a case like mine?”
A straightforward first DUI can move differently than one involving a prior offense, an accident, or an unusually high test result. Ask for a realistic estimate based on the facts, not a generic answer.
How I answer these
I handle both the criminal case and the DHSMV license hearing personally, and I have represented DUI clients in Miami-Dade since 1989. The 10-day window to request the license hearing does not wait, so the first consultation matters. It is free and confidential, with no obligation to retain. See our full DUI and traffic defense guide for how these cases are handled from arrest through resolution.