You were pulled over, arrested, and charged with DUI in Florida. Now you’ve received notice for your arraignment, and you’re wondering what to say when the judge asks, “How do you plead?”
It may feel like the safest choice is to plead guilty and hope for leniency. But doing so without understanding your rights or the possible consequences can be a costly mistake.
Before you enter any plea, it’s essential to understand what this hearing means, how your choice can affect your future, and why talking to a Florida DUI defense attorney could be the smartest move you make after an arrest.
What Is a DUI Arraignment in Florida?
A DUI arraignment is often one of your first court appearances after being arrested. At this hearing, the judge will:
- Formally read the charges against you
- Inform you of your rights
- Ask how you plead: guilty, not guilty, or no contest
If you plead guilty or no contest, the case moves directly to sentencing, often without a chance to challenge the evidence or negotiate for lesser penalties.
If you plead not guilty, the case continues, and you or your attorney will have the opportunity to:
- Request discovery (evidence the prosecution plans to use against you)
- File motions to suppress unlawful evidence
- Negotiate a plea deal or prepare for trial
Accordingly, your plea warrants serious consideration and professional guidance so that you can make an informed decision about what is best for you.
What Happens If You Plead Guilty at the Arraignment?
Pleading guilty at your arraignment may seem like a way to take responsibility or end the stress quickly. But this decision comes with serious consequences, including:
- Criminal record. A DUI conviction goes on your permanent criminal record, which can affect employment, housing, and educational opportunities.
- Driver’s license suspension. You could lose your license for six months or more.
- Fines and court costs. You may face thousands of dollars in penalties, court fees, and mandatory DUI school.
- Jail time. Depending on your BAC and whether you were involved in an accident, jail time is possible, even for first-time offenders.
- Higher insurance premiums. A DUI conviction often results in increased car insurance rates or the cancellation of your policy.
Once you plead guilty, you can’t “take it back.” That’s why you should never make this decision without understanding the evidence against you and exploring all possible defenses.
When Is Pleading Not Guilty the Better Option?
In many cases, especially for first-time offenders, pleading not guilty at the arraignment is the wisest course of action. It gives you and your attorney time to:
- Review the police report and video evidence
- Challenge improper stops or flawed breathalyzer results
- Negotiate a favorable plea deal
- Explore alternatives like diversion programs or reduced charges
Even if you think the case against you is strong, legal defenses may exist. For example:
- Did the officer have probable cause to pull you over?
- Were field sobriety tests administered correctly?
- Was the breath or blood test properly calibrated and documented?
- Were your constitutional rights violated?
A not guilty plea doesn’t mean you’ll go to trial. It just preserves your right to fight back or negotiate a better outcome.
How Do Prior DUIs and Other Factors Affect Your Plea?
When deciding how to plead, you need to consider more than just what happened during your arrest. The court will also look at:
- Prior DUI convictions. Multiple DUIs often result in significantly increased penalties, including mandatory jail time and longer license suspensions.
- Whether you caused an accident or injury. Aggravating factors like property damage or injury to others can turn a misdemeanor DUI into a felony.
- Your BAC level. A blood alcohol content of 0.15% or higher can lead to enhanced penalties.
- Whether a minor was in the car. DUI with a child passenger carries additional consequences.
The higher the stakes, the more important it becomes to consult with an experienced South Florida DUI defense attorney before deciding how to plead.
When Should You Speak With a Florida DUI Defense Attorney Before Entering a Plea?
Choosing how to plead at a DUI arraignment is a strategic legal decision. An experienced Florida DUI defense attorney can:
- Explain the charges and penalties you face
- Evaluate the strength of the evidence against you
- Advise you on whether to fight the case or seek a plea deal
- Help protect your rights at every stage of the process
At the Law Offices of Robert David Malove, we help clients in South Florida navigate the criminal justice system after a DUI arrest. We understand what’s at stake, and we’re ready to help you make informed decisions from day one. Attorney Robert Malove is a Board Certified criminal defense lawyer and a founding member of the National College for DUI Defense.
Don’t let fear or confusion dictate your future. Before you say a single word in court, schedule a consultation with a knowledgeable DUI defense attorney who can help you protect your rights.
