The moments following a DUI arrest in West Palm Beach can feel like a blur. Between the flashing blue lights in your rearview mirror on I-95, the roadside sobriety tests, the handcuffs, and the cold reality of the Palm Beach County Jail, it is easy to feel overwhelmed.
However, what you do in the first 24 to 72 hours after being released can mean the difference between losing your driver’s license for a year and keeping your freedom. In Florida, the clock starts ticking the second you are processed.
At BD Law, led by former prosecutor Brandon Dinetz, we have seen these cases from both sides of the courtroom. We know exactly how the State builds its case and, more importantly, where they often make mistakes. If you’ve been arrested, here is your step-by-step guide on what to do immediately to protect your future.
1. Exercise Your Right to Remain Silent
From the moment the officer approaches your window to the time you are released from custody, everything you say is being recorded. Florida law enforcement, including the West Palm Beach Police Department and the Palm Beach County Sheriff’s Office, uses body cameras and dashcams as primary evidence.
The most common mistake defendants make is trying to explain their way out of an arrest. Comments like I only had two drinks or I'm just a few blocks from home are treated as admissions of guilt in court.
What to do: Be polite, provide your identification and registration, but clearly state: I am exercising my right to remain silent and I wish to speak with my attorney. Once you invoke this right, the police should stop questioning you.
2. Understand the 10-Day Rule (The Most Critical Step)
In Florida, a DUI arrest triggers two separate cases:
- The Criminal Case: Handled in the Palm Beach County court system, which carries penalties like jail time, fines, and a criminal record.
- The Administrative Case: Handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Upon your arrest, the officer likely confiscated your physical driver’s license. Your citation acts as a temporary driving permit for only 10 days.
You have 10 calendar days from the date of your arrest or from the date the notice of suspension was issued to file a formal review hearing request with the FLHSMV. If you fail to submit that request within this 10-day window, the administrative suspension takes effect automatically and you lose the chance to challenge it at an administrative hearing. Under Florida’s administrative suspension law, the length of the automatic suspension depends on the circumstances of your arrest. For example, a first time breath test over the legal limit typically leads to a six-month suspension, while refusal to submit to testing results in a longer suspension period.
An experienced West Palm Beach DUI attorney can file this request for you, often securing a hardship license so you can continue to drive to work, school, and church while your case is pending.
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3. Document the Details While They Are Fresh
Memory fades quickly, especially after a high-stress event like an arrest. As soon as you are home, write down every detail you can remember about the encounter. This incident diary is for your attorney’s eyes only and is protected by attorney-client privilege.
Focus on these specific details:
- The Stop: Why did the officer say they pulled you over? Was it a broken taillight, or did they claim you were swerving?
- The Roadside Tests: What were the ground conditions? Was the pavement uneven? Were there bright, distracting lights? Did you have a physical injury (like a bad knee) that made the field sobriety tests difficult?
- The Breathalyzer: Did the officer observe you for a full 20 minutes before the test? Did you have anything in your mouth?
- The Interaction: Did the officer read you your Miranda Rights? Were they aggressive or dismissive?
4. Stay Off Social Media
It is tempting to vent about your arrest or ask for advice on Facebook or Instagram. Don’t. Prosecutors in Palm Beach County actively search social media for evidence. A photo of you holding a drink from earlier that night, or a post complaining about the unfair arrest, can be used to paint a negative picture of your character or sobriety. Set your accounts to private and avoid posting anything until your case is resolved.
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5. Do Not Miss Your Arraignment
Your first court date is the arraignment. This is where the judge officially informs you of the charges against you and you enter a plea.
If you hire a private DUI defense attorney early enough, they can often file a Written Plea of Not Guilty on your behalf. In many misdemeanor DUI cases, this allows your attorney to waive your presence at the arraignment, meaning you won’t have to take time off work to stand in a courtroom.
6. Analyze the Evidence: Breath vs. Refusal
In West Palm Beach, many DUI arrests involve the Intoxilyzer 8000. These machines are notorious for requiring strict maintenance and calibration. If you blew over the .08 limit, an attorney can investigate whether the machine was functioning properly or if the operator was correctly certified.
If you refused the breathalyzer, the State will argue this shows consciousness of guilt. However, a skilled defense can argue that you were simply exercising your rights or were confused by the officer’s instructions. Knowing how to counter these arguments is vital.
Similar Post: Planning a Night Out? Here's How to Avoid a DUI in South Florida
7. Hire an Attorney Who Knows How the Other Side Operates
DUI law in Florida is incredibly technical. It involves a mix of constitutional law, scientific data, and strict procedural rules. You shouldn’t hire a general practice lawyer; you need a specialist who understands the local landscape of West Palm Beach.
Why the Former Prosecutor Advantage Matters: At BD Law, Attorney Brandon Dinetz spent years working for the State. He knows the playbook the prosecution uses. He knows which officers have a history of procedure errors and which judges are most open to specific legal arguments.
When you hire a former prosecutor, you aren't just getting a defense; you're getting an inside look at how to dismantle the State’s evidence before it ever reaches a jury.
Key Takeaways: Your Post-Arrest Checklist
- Day 1: Stay silent, get home, and write down every detail.
- Days 1-10: Contact BD Law to file for your Formal Review Hearing to save your license.
- Ongoing: Avoid social media and do not discuss the case with anyone but your lawyer.
- Goal: Seek a dismissal, a reduction to Reckless Driving, or a specialized diversion program.
Facing a DUI in West Palm Beach? Contact BD Law Today for a Free Consultation
A DUI arrest in West Palm Beach is a serious matter, but it does not have to define your life. Whether this is your first offense or you are facing the complexities of a repeat arrest, the right legal strategy can protect your career, your family, and your freedom.
Don't wait until the 10-day window closes. Contact BD Law today at (561) 778-5213 or fill out our online contact form to schedule your free, confidential consultation. Let us start fighting for you.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.