10 Common Mistakes People Make After a Fort Lauderdale DUI Arrest

Getting arrested for DUI in Fort Lauderdale can be overwhelming, frightening, and confusing. In the hours and days following your arrest, the decisions you make can dramatically impact the outcome of your case. Unfortunately, some people unknowingly sabotage their own defense by making critical mistakes that increase their risk of conviction and lead to harsher penalties.

As an experienced Fort Lauderdale DUI defense lawyer, I’ve seen cases where defendants’ actions after their arrest made an already challenging situation significantly worse. Understanding these common pitfalls and how to avoid them is crucial for protecting your rights and preserving your defense options.

The Stakes Are Higher Than You Think

Before diving into specific mistakes, it’s important to understand what you’re facing. A DUI conviction in Florida carries serious consequences including license suspension, hefty fines, mandatory DUI school, community service, possible jail time, and a permanent criminal record. These penalties only increase with subsequent offenses or aggravating circumstances. Every action you take after your arrest can either help or hurt your case.

Mistake #1: Talking Too Much to Police After Arrest

One of the most damaging mistakes people make is continuing to speak with law enforcement after their arrest (or even before). Many defendants feel compelled to explain themselves, apologize, or provide additional details about their evening. This urge to “set the record straight” nearly always backfires.

How This Impacts Your Case. Anything you say can and will be used against you in court. Police officers are trained to ask questions that may seem casual but are designed to elicit incriminating responses. Even seemingly innocent statements like, “I only had two drinks” or, “I was coming from dinner” can be twisted to support the prosecution’s case. A skilled criminal defense attorney knows that these statements often provide prosecutors with ammunition they wouldn’t otherwise have.
The Better Approach. Exercise your right to remain silent. Politely state that you wish to speak with a Fort Lauderdale DUI defense lawyer before answering any questions. This isn’t an admission of guilt; it’s a constitutional right designed to protect you.

Mistake #2: Failing to Request an Administrative Hearing

Florida law requires that you request an administrative hearing within 10 days of your DUI arrest to challenge your license suspension. This hearing is separate from your criminal case and provides an opportunity to potentially save your driving privileges.

How This Impacts Your Case. Missing this 10-day deadline results in an automatic license suspension. You lose the opportunity to challenge the suspension and may face months without driving privileges. This can severely impact your ability to work, attend court hearings, and meet with your criminal defense attorney. Additionally, failing to request this hearing eliminates valuable discovery opportunities that could benefit your criminal case.
The Better Approach. Contact an experienced Fort Lauderdale DUI defense lawyer immediately after your arrest. An attorney can request this hearing on your behalf and use it strategically to gather evidence for your criminal defense.

Mistake #3: Hiring the Wrong Attorney or Trying to Handle It Yourself

Some people make the costly mistake of either representing themselves or hiring an attorney who lacks specific DUI experience. DUI law is highly specialized, with complex procedural requirements, scientific evidence issues, and constantly evolving legal standards.

How This Impacts Your Case. General practitioners or inexperienced attorneys may miss crucial defense strategies, fail to properly challenge evidence, or overlook procedural violations that could result in case dismissal. Self-representation is even more dangerous, as prosecutors are skilled at taking advantage of unrepresented defendants. You’re essentially bringing a knife to a gunfight.
The Better Approach. Hire a Fort Lauderdale DUI defense lawyer who specializes in DUI cases and has extensive experience with local courts, prosecutors, and judges. An experienced criminal defense attorney will know how to challenge breath test results, field sobriety tests, and police procedures while building the strongest possible defense.

Mistake #4: Ignoring Court Dates and Deadlines

Some defendants, particularly those who have bonded out of jail, mistakenly believe they can ignore their court dates or handle things later. Others simply forget important deadlines due to stress or poor organization.

How This Impacts Your Case. Missing court dates results in additional charges, bench warrants, and immediate loss of bond. It also signals to the judge that you’re not taking the charges seriously, which can negatively impact plea negotiations and sentencing. Missed deadlines can eliminate defense options and waive important rights.
The Better Approach. Take all court dates and deadlines seriously. A qualified criminal defense attorney will ensure you’re aware of all requirements and will appear in court on your behalf when possible, minimizing disruption to your life while ensuring compliance with all legal obligations.

Mistake #5: Discussing Your Case on Social Media

In today’s digital age, many people share details of their lives on social media without considering the legal implications. Posting about your DUI arrest, the events leading up to it, or your feelings about the situation can severely damage your defense.

How This Impacts Your Case. Prosecutors and law enforcement regularly monitor social media for evidence. Photos showing you drinking, posts about your arrest, or comments about your case can be used as evidence against you. Even seemingly innocent posts can be taken out of context and used to undermine your credibility or support the prosecution’s timeline of events.
The Better Approach. Avoid posting anything about your case on social media. Review your existing posts and consider removing any content that could be problematic. Your Fort Lauderdale DUI defense lawyer can advise you on what types of social media activity to avoid during your case.

Mistake #6: Continuing to Drink and Drive

Some defendants compound their legal problems by continuing to drink and drive while their case is pending. This not only puts them at risk for additional DUI charges but also demonstrates a pattern of behavior that prosecutors and judges view very unfavorably.

How This Impacts Your Case. A subsequent DUI arrest while your case is pending virtually guarantees harsher penalties on both cases. It destroys your credibility with the court and makes plea negotiations much more difficult. Even if you’re not arrested again, prosecutors may present evidence of continued drinking to argue for enhanced penalties.
The Better Approach. Avoid alcohol entirely while your case is pending, particularly if you plan to drive. If you do choose to drink, use rideshare services, public transportation, or designated drivers. A skilled criminal defense attorney can help you understand exactly what behaviors to avoid during your case.

Mistake #7: Failing to Preserve Evidence

Many defendants don’t realize that important evidence may be lost or destroyed if they don’t act quickly. This includes surveillance footage from bars or restaurants, witness contact information, and other evidence that could support their defense.

How This Impacts Your Case. Lost evidence can eliminate potential defenses and make it much harder to challenge the prosecution’s case. Witnesses may become unavailable, and surveillance footage is often deleted after a short period. This can mean the difference between dismissal and conviction.
The Better Approach. Work with your Fort Lauderdale DUI defense lawyer to immediately identify and preserve all potentially relevant evidence. An experienced attorney will know what evidence to look for and how to ensure it’s properly preserved for your defense.

Mistake #8: Pleading Guilty Too Quickly

Some defendants, feeling embarrassed or wanting to “get it over with,” rush to plead guilty without fully understanding their options or the long-term consequences of a conviction.

How This Impacts Your Case. A guilty plea eliminates all possibilities for challenging the evidence, negotiating better terms, or having charges reduced or dismissed. It also results in a permanent criminal record with all the associated consequences for employment, housing, and other opportunities.
The Better Approach. Never plead guilty without first consulting with an experienced criminal defense attorney. Even if the evidence seems overwhelming, there may be procedural issues, constitutional violations, or other defenses that could result in a better outcome.

Mistake #9: Not Understanding the Full Consequences

Many defendants focus solely on avoiding jail time without considering the broader implications of a DUI conviction. They may accept plea deals that seem favorable in the short term but have devastating long-term consequences.

How This Impacts Your Case. DUI convictions can affect your ability to obtain certain professional licenses, travel to other countries, qualify for student loans, or find employment. Some careers, particularly those involving driving or working with vulnerable populations, may be permanently foreclosed by a DUI conviction.
The Better Approach. Work with a Fort Lauderdale DUI defense lawyer who will help you understand all potential consequences and fight for the best possible outcome given your specific circumstances and career goals.

Mistake #10: Not Acting Quickly Enough

DUI cases move quickly, and important deadlines can pass before defendants realize the urgency of their situation. Evidence can be lost, witnesses can disappear, and defense options can be eliminated if you don’t act promptly.

How This Impacts Your Case. Delay can be fatal to your defense. The 10-day deadline for requesting an administrative hearing is just the beginning. Other evidence may be lost, and your attorney needs time to properly investigate your case and build a strong defense.
The Better Approach. Contact an experienced criminal defense attorney immediately after your arrest. The sooner you begin working with a qualified Fort Lauderdale DUI defense lawyer, the better your chances of achieving a favorable outcome.

How the Right Attorney Makes All the Difference

The common thread in avoiding these mistakes is working with an experienced Fort Lauderdale DUI defense lawyer who understands the complexities of DUI law and local court procedures. The right attorney will:

Immediately request your administrative hearing and use it strategically
Conduct a thorough investigation of your case
Challenge all evidence, including breath tests and field sobriety tests
Negotiate with prosecutors from a position of strength
Explore all possible defenses and legal challenges
Ensure you understand all consequences before making any decisions
Protect your rights throughout the entire process

If you’ve been arrested for DUI in Fort Lauderdale, don’t make these common mistakes that could jeopardize your future. The decisions you make in the day and weeks following your arrest will significantly impact the outcome of your case. Don’t leave your fate to chance – contact a Fort Lauderdale DUI defense lawyer who will fight to protect your rights and your future.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.

Additional Resources:

F.S. 316.193, Driving under the influence; penalties

More Blog Entries:

First-Time DUI in Broward County: Diversions & Alternative Resolutions, May 5, 2025, Fort Lauderdale DUI Defense Attorney Blog