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 arrest, a person is typically taken to a detention facility for booking. Release depends on the applicable bond and release conditions. Florida law also prohibits release following a DUI arrest until the person is no longer impaired, the person's alcohol level is below 0.05, or eight hours have elapsed from the time of arrest, whichever occurs first under the statute.

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

Florida's administrative license process is separate from the criminal DUI case. When an officer issues a notice of suspension based on a breath- or blood-alcohol level of .08 or higher, or based on the refusal of a qualifying breath, blood, or urine test, the suspension begins before any DUI conviction. A person can therefore face an administrative suspension even if the criminal charge is later reduced or dismissed.

• 6 months for a first suspension based on an unlawful alcohol level
• 1 year for a first qualifying refusal
• 18 months for a second or subsequent qualifying refusal

Different rules can apply based on the driver's history and the testing involved.

A driver generally has 10 days after the notice of suspension is issued to request formal or informal administrative review or, when statutorily eligible, request review for a restricted driving privilege. The notice is commonly issued at the time of arrest, but the date printed on it should be checked because a suspension based on later blood-test results may follow a different timeline. Waiving review may provide a faster path to limited driving for an eligible driver, but it gives up the opportunity to challenge the suspension through formal or informal administrative review.

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, such as 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
• Monthly reporting probation, with combined incarceration and probation generally not exceeding one year
• Mandatory DUI school and ordinarily 10 days of vehicle impoundment or immobilization, subject to statutory exceptions
• Ignition interlock device for certain offenses

Second and subsequent offenses carry significantly harsher penalties, including mandatory jail time and longer license revocations. Learn more about a second DUI within five years, a third DUI charged as a felony, and the enhanced penalties for a breath reading of .15 or higher.

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
• Check the notice of suspension immediately. The 10-day DHSMV window generally starts when that notice is issued.
• 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.