What Happens After aDUI Arrest in Florida?

Being arrested for DUI is disorienting. One moment you're pulled over, the next you're in handcuffs wondering what comes next. Here's what the process looks like — and what you should know immediately.

The Arrest and Booking Process

After a DUI stop, if the officer believes you are impaired — based on field sobriety tests, observation, or a breathalyzer reading of 0.08 or higher — you will be arrested and taken to a detention facility for processing. You will be photographed, fingerprinted, and held until you post bond or are released on your own recognizance.

During this time, say as little as possible. You have the right to remain silent and the right to an attorney. Anything you say can and will be used against you.

The Administrative License Suspension — Act Within 10 Days

This is what most people don't know: Florida's DMV and the criminal court operate separately. When you're arrested for DUI in Florida, your license is automatically suspended by the DHSMV — even before you're convicted of anything.

• 6-month suspension for a first offense with a BAC of 0.08 or higher
• 12-month suspension if you refused the breathalyzer
• 18-month suspension for a second refusal

You have only 10 days from the date of your arrest to request a formal review hearing with the DHSMV. Miss this window and you lose your right to challenge the suspension entirely. An attorney can request this hearing on your behalf and potentially secure a hardship license so you can continue driving to work while the case is pending.

Your First Court Appearance

Your arraignment — where formal charges are read and you enter a plea — typically happens within a few weeks of arrest. This is not the time to represent yourself. What you say (and don't say) at this stage significantly affects how your case develops. Entering the wrong plea, or agreeing to conditions without understanding them, can cost you later.

How the Criminal Case Unfolds

After arraignment, the case moves through discovery, pretrial motions, and potentially plea negotiations. Many DUI cases are resolved through negotiated plea agreements — reduced charges, diversion programs, or probation — especially for first-time offenders. Others go to trial.

As a former prosecutor, I've seen these cases from both sides. The strength of a DUI prosecution often depends on:

• Whether the traffic stop was legally justified
• Whether field sobriety tests were administered correctly
• Whether the breathalyzer was properly calibrated and operated
• Whether your Miranda rights were properly given

Any of these can be challenged — and any successful challenge can change the outcome of your case.

Penalties for a First DUI in Florida

A first DUI conviction in Florida typically carries:

• Fines of $500 to $1,000 (plus court costs)
• Up to 6 months in jail (jail time is uncommon for first offenses without aggravating factors)
• 50 hours of community service
• 1-year probation
• Mandatory DUI school and vehicle impoundment
• Ignition interlock device for certain offenses

Second and subsequent offenses carry significantly harsher penalties, including mandatory jail time and longer license revocations.

What You Should Do Right Now

• Do not make any statements to law enforcement without an attorney
• Write down everything you remember about the stop and arrest while it's fresh
• Contact a DUI defense attorney immediately — the 10-day DHSMV window starts the day of your arrest
• Do not miss any court dates or deadlines

The earlier you have legal representation, the more options you have. Evidence can be reviewed, defenses can be identified, and hearings can be requested — but only if you act quickly.