What To Do When You Get Arrested for DUI

June 26, 2025

A DUI arrest (Driving Under the Influence) can be a frightening and confusing experience, especially if it's your first encounter with the criminal justice system. The consequences of a DUI in Florida can be severe — including fines, license suspension, a criminal record, and even jail time. But knowing what to do when you get arrested for DUI can help you protect your rights and improve the outcome of your case.


In this blog, we'll walk you through the steps to take after a DUI arrest in Florida and explain how the experienced defense attorneys at Donet, McMillan & Trontz, P.A. can guide you through the legal process and build the strongest defense and achieve the best result possible.

Step 1: Stay Calm and Compliant During the Arrest

Being pulled over by a police officer is stressful, but how you respond matters. If the officer suspects you're under the influence, you may be asked to perform field sobriety tests or take a breathalyzer test. Whether or not you comply with these requests can affect your case, but regardless of your decision:

• Remain calm and polite.


• Do not resist arrest or argue with the officer.


• Do not make any statements. Statements, especially incriminating ones, can only hurt your case.

Remember, anything you say can be used against you. You have the right to remain silent and to request an attorney.

Step 2: Understand the Immediate Consequences

In Florida, a DUI arrest typically leads to:

• Driver's license suspension (often immediate if you refuse a breath or blood test).


• Booking into jail, where you may be held until bail is posted.


• A criminal charge, which can range from a misdemeanor to a felony depending on your record and the circumstances.

After your arrest, you will receive a court date for your arraignment, where you will be formally charged.

Step 3: Contact a DUI Defense Attorney Immediately

One of the most important steps you can take after a DUI arrest is to hire a qualified defense attorney. The legal team at Donet, McMillan & Trontz, P.A. has decades of experience defending DUI cases including DUI manslaughter and vehicular homicide across Florida. We understand how to challenge:

• The legality of the traffic stop.


• The accuracy of breathalyzer and field sobriety test results.


• Whether your rights were violated during the arrest.

A skilled attorney can negotiate for reduced charges, lighter penalties, or even a dismissal in some cases. The sooner you contact legal counsel, the better your chances are of building a strong defense.

Step 4: Request a DMV Hearing Within 10 Days

Many people don't realize that a DUI arrest triggers two separate legal proceedings:

1. The criminal case.


2. The administrative case with the Florida DMV.

If your license was suspended at the time of your arrest, you have only 10 days to request a DMV hearing to contest the suspension. This is separate from your criminal case, and failure to act quickly could mean losing your license for months or longer.

Your attorney can represent you in both proceedings and help preserve your driving privileges.

Step 5: Start Preparing Your Legal Defense

With the help of your attorney, you'll begin building a defense based on the facts of your case. This may include:

• Reviewing dashcam or bodycam footage.


• Examining the calibration and maintenance records of the breathalyzer machine.


• Interviewing witnesses.


• Identifying procedural errors made by law enforcement.

At Donet, McMillan & Trontz, P.A., we personalize each defense strategy based on the unique details of the case, fighting aggressively to protect your future.


Step 6: Consider Alternatives to Jail

If this is your first offense, you may be eligible for diversion programs, probation, or substance abuse counseling instead of jail. In some cases, your charges may be reduced to reckless driving or dismissed altogether.

Your attorney can help you explore these options and negotiate with prosecutors for the most favorable outcome.

Step 7: Avoid Future Legal Issues

A DUI arrest is a serious matter, but it's also a chance to make informed decisions moving forward. If convicted, you may be required to:

• Attend DUI school.


• Install an ignition interlock device.


• Perform community service.


• Undergo alcohol or drug treatment.

It's important to comply fully with court-ordered requirements to avoid additional penalties or charges.

How Donet, McMillan & Trontz, P.A. Can Help

At Donet, McMillan & Trontz, P.A., we understand that a DUI arrest doesn't make you a criminal—it makes you someone who needs trusted legal help.

With decades of experience in criminal defense, including countless DUI cases, our attorneys provide:

• Immediate legal guidance after arrest.


• Aggressive representation in court and DHSMV hearings.


• Negotiation with prosecutors for reduced charges.


• Strategic defense tailored to your specific situation.

We are committed to defending your rights and helping you move past this with as little disruption to your life as possible.

Final Thoughts

If you're wondering what to do when you get arrested for DUI, the most important takeaway is this: Act fast, protect your rights, and seek experienced legal help. The decisions you make in the hours and days following a DUI arrest can affect the rest of your life.

Don't face it alone. Contact Donet, McMillan & Trontz, P.A. today to schedule a confidential consultation and take the first step toward defending your future.

📞 Call now: (305) 444-0030
🔗 Visit us online: www.dmtlaw.com