Florida DUI Guide: What to Do After a DUI Arrest
What Should You Do After a DUI Arrest in Florida?
Quick Answer: If you are arrested for DUI in Florida, take the charge seriously and act quickly. A DUI can involve both a criminal case and separate consequences for your driver’s license. Review the documents you received after your arrest, keep track of all court and license-related deadlines, avoid missing required appearances, and consider speaking with a Florida DUI attorney about your case. The specific consequences and options available to you depend on the circumstances of the arrest, the evidence, your driving history, and whether you have any prior DUI convictions.
Arrested for DUI in Florida?
What Happens After a DUI Arrest in Florida?
A DUI arrest can begin several legal and administrative processes. What happens next depends on the circumstances of the arrest, the evidence involved, your driving history, and whether you have any previous DUI convictions.
Understanding the basic process can help you know what to expect and which deadlines or requirements may need your attention.
1. Arrest and Booking
After a DUI arrest, you may be taken into custody and booked. Florida law places restrictions on when a person arrested for DUI may be released, including conditions related to impairment, alcohol level, and the amount of time that has passed since the arrest.
You may receive several documents related to the arrest, your driver’s license, and upcoming court proceedings. Keep these documents together and review them carefully.
2. Your Driver’s License May Be Affected
A DUI arrest can create driver’s license consequences separate from the criminal case.
Depending on the circumstances, an administrative suspension may result from an unlawful breath or blood alcohol level or from refusing a lawful breath, blood, or urine test. There may also be procedures and deadlines for challenging an administrative suspension or seeking available driving privileges.
Because these license issues can begin before the criminal DUI case is resolved, it is important not to ignore the driver’s license side of the case.
3. The Criminal DUI Case Begins
A DUI is a criminal offense in Florida. After the arrest, the criminal case proceeds through the court system.
The specific charges and potential consequences depend on the circumstances. Factors such as prior DUI convictions, alcohol level, whether a minor was in the vehicle, and whether the incident involved property damage, injury, or death can significantly affect the seriousness of the case.
4. You May Have an Arraignment or Other Court Hearings
The court will schedule proceedings related to the DUI charge. An arraignment is generally the stage at which the defendant is formally advised of the charge and a plea is entered.
Additional hearings may occur as the case progresses. The exact process depends on the case, the court, and how the charge is handled.
5. The Evidence Can Be Reviewed
The evidence in a DUI case can vary considerably. Depending on the circumstances, it may include:
- Police reports
- Body-camera or dash-camera footage
- Breath test results
- Blood or urine test results
- Field sobriety exercises
- Officer observations
- Witness statements
- Video from nearby businesses or other sources
- Other evidence related to the traffic stop or arrest
A DUI attorney can review the evidence and circumstances surrounding the arrest to determine what legal or factual issues may be relevant to the defense.
6. The DUI Case Is Resolved
A DUI case may ultimately be resolved in several ways depending on the facts, evidence, negotiations, and court proceedings.
The outcome could involve dismissal of charges, a negotiated resolution, trial, or another disposition permitted under Florida law. No particular result is guaranteed, and the options available depend on the individual case.
DUI Criminal Case vs. Your Driver’s License
After a DUI arrest in Florida, you may be dealing with two separate processes at the same time: the criminal DUI case and an administrative driver’s license suspension.
These processes are related, but they are not the same. The criminal case is handled through the court system, while an administrative suspension is handled separately through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Criminal DUI Case
The criminal case determines whether you will be convicted of DUI and what criminal penalties may apply.
Depending on the circumstances, the case may involve:
- Court appearances and hearings
- Review of the evidence against you
- Motions and other legal proceedings
- Negotiations with the prosecution
- A plea, dismissal, trial, or other resolution
- Criminal penalties if you are convicted
Potential penalties depend on factors such as prior DUI convictions and the circumstances surrounding the alleged offense.
Driver's License
Separate from the criminal case, your driving privileges may be subject to an administrative suspension.
Depending on the circumstances, the driver’s license process may involve:
- An administrative suspension through FLHSMV
- A suspension related to an unlawful alcohol level or qualifying test refusal
- Deadlines for challenging the suspension
- Formal or informal review procedures
- Restricted-driving options when available
- License consequences that can begin before the criminal case is resolved
Because this process is separate from the criminal DUI case, it is important to pay attention to any driver’s-license notices and deadlines you receive after your arrest.
Why the Difference Matters
Review the documents provided after your arrest carefully and pay attention to both your criminal court case and your driver’s-license requirements.
What Are the Penalties for a DUI in Florida?
Florida DUI penalties depend on several factors, including whether you have prior DUI convictions and the circumstances of the current offense. A DUI conviction can result in fines, driver’s license consequences, probation, vehicle impoundment, required DUI programs, and possible jail time.
Penalties can also become more serious when aggravating circumstances are involved, such as a high blood alcohol level, a minor passenger, property damage, injury, or death.
First DUI Conviction
For a first DUI conviction in Florida, potential consequences can include:
- A fine of $500 to $1,000
- Up to 6 months in jail
- Driver’s license revocation
- Up to 1 year of probation
- DUI school and substance abuse evaluation requirements
- 50 hours of community service, subject to certain statutory provisions
- Vehicle impoundment or immobilization for 10 days, subject to exceptions
- Additional court costs and requirements
Florida law also generally requires a period of license revocation following a DUI conviction. The exact driver’s-license consequences depend on the circumstances of the case.
Second DUI Conviction
A second DUI conviction can carry increased penalties, including:
- A fine of $1,000 to $2,000
- Up to 9 months in jail
- Additional driver’s license consequences
- DUI program and treatment requirements
- Vehicle impoundment or immobilization for 30 days, subject to applicable requirements and exceptions
- Possible ignition interlock requirements
If the second DUI occurs within certain periods after a prior conviction, additional mandatory penalties can apply.
Third or Subsequent DUI
The consequences become substantially more serious for drivers with multiple DUI convictions.
A third DUI occurring within 10 years of a prior DUI conviction can be charged as a third-degree felony in Florida. A fourth or subsequent DUI may also be charged as a felony regardless of when the prior convictions occurred.
Depending on the circumstances, penalties can include:
- Larger fines
- Longer periods of incarceration
- Lengthier driver’s license revocation
- Vehicle impoundment or immobilization
- Ignition interlock requirements
- DUI programs and treatment
- Felony consequences when applicable
When Can DUI Penalties Be Increased?
Certain circumstances can increase the penalties associated with a Florida DUI.
BAC of 0.15 or Higher
A driver convicted of DUI with a blood- or breath-alcohol level of 0.15 or higher can face enhanced penalties.
Minor Passenger
Enhanced penalties can also apply when a person under 18 years old was in the vehicle at the time of the offense.
Property Damage or Injury
A DUI involving damage to another person’s property or non-serious personal injury can result in additional criminal charges and penalties.
Cases involving serious bodily injury or death are considerably more serious and may be charged as felony offenses.
DUI Penalties Depend on the Individual Case
Florida’s DUI laws include numerous penalty enhancements and requirements, so two DUI cases may carry very different potential consequences.
Your prior record, the alleged alcohol level, whether an accident occurred, whether anyone was injured, and other circumstances can all affect what is at stake.
An attorney can review the specific charge and circumstances to help you understand the potential penalties that may apply to your case.
Florida’s current DUI statute establishes the $500–$1,000 first-offense fine and up-to-six-month incarceration; $1,000–$2,000 and up to nine months for a second conviction; enhanced penalties at 0.15+ BAC or with a passenger under 18; and felony treatment for certain third and subsequent offenses.
Facing a DUI Charge in Florida?
What Happens to Your Driver’s License After a DUI in Florida?
A DUI arrest can affect your driving privileges even before the criminal case is resolved. Depending on the circumstances, you may face an administrative driver’s license suspension after the arrest as well as a separate license revocation if you are later convicted of DUI.
Understanding the difference is important because the deadlines and procedures are not the same.
Administrative License Suspension After a DUI Arrest
Florida law provides for an administrative driver’s license suspension when a person is arrested for DUI and has a blood- or breath-alcohol level of 0.08 or higher, or refuses a qualifying lawful breath, blood, or urine test.
When the suspension notice is issued, the officer generally takes the driver’s license and may issue a 10-day temporary permit if the driver is otherwise eligible.
How Long Do You Have to Challenge a DUI License Suspension?
Florida provides a limited period for requesting review of an administrative suspension. A driver generally has 10 days after receiving the notice of suspension to request a formal or informal review.
Because this deadline can arrive well before the criminal DUI case is resolved, it is important to review the documents provided after the arrest promptly.
What Happens to Your License After a DUI Conviction?
A DUI conviction can result in a separate driver’s license revocation.
For a first DUI conviction, Florida law generally requires revocation for at least 180 days and up to 1 year.
For certain repeat DUI convictions, the revocation periods can become significantly longer:
- Second DUI within 5 years of a prior conviction: at least 5 years
- Third DUI within 10 years of a prior conviction: at least 10 years
- Certain fourth or subsequent DUI convictions can result in permanent revocation
The exact consequences depend on the driver’s history and circumstances of the case.
Can You Get a Hardship License After a DUI?
Some drivers may qualify for restricted driving privileges or reinstatement after satisfying applicable requirements. Eligibility depends on factors including the type of suspension or revocation, prior history, completion of required DUI programs, and other conditions.
Because eligibility is highly dependent on the individual situation, do not assume that a hardship license will automatically be available.
Why Acting Quickly Matters
The driver’s license process has deadlines that are separate from the criminal DUI case. Waiting until your first criminal court appearance could mean missing an important opportunity to address the administrative suspension.
If you have been arrested for DUI, review your suspension notice and other paperwork carefully and consider speaking with a DUI attorney promptly about both the criminal charge and your driving privileges.
Can You Fight a DUI Charge in Florida?
Yes. A DUI charge can be challenged in Florida, but the defenses available depend on the facts and evidence in the individual case. A DUI arrest does not automatically mean that you will be convicted.
Depending on the circumstances, a DUI attorney may review issues involving:
- The reason for the traffic stop
- Officer observations
- Field sobriety exercises
- Breath test results and procedures
- Blood or urine testing
- Body-camera or dash-camera footage
- Witness statements and other evidence
- The circumstances surrounding the arrest
- Can a DUI Charge Be Dismissed or Reduced?
A DUI charge may be dismissed or resolved as a different charge in some cases, but no particular outcome is guaranteed. What is possible depends on the evidence, applicable Florida law, the circumstances of the arrest, your prior history, and how the case proceeds through the criminal justice system.
An experienced DUI attorney can review the evidence and circumstances of your case to determine what legal or factual issues may be relevant to your defense.
DUI & Driver’s License Legal Help
A DUI arrest can involve more than the criminal DUI charge itself. Depending on your situation, related traffic offenses and driver’s license issues may also need to be addressed. Explore the areas below to learn more about the legal help available from Traffic Ticket Office.
DUI Defense
Suspended Driver's License
Criminal Traffic Violations
Careless & Reckless Driving
Driving Without a Valid License
Habitual Traffic Offender Issues
Florida DUI Resources
Learn more about Florida DUI laws, enforcement, and specific situations that can lead to a DUI charge. Explore these resources for additional information about DUI cases in Florida.
Florida DUI 101
Learn the basics of Florida DUI law, including what can lead to a DUI charge, the arrest process, potential penalties, alcohol testing, and driver’s license consequences.
Florida DUI Laws for Marijuana
DUI charges in Florida are not limited to alcohol. Learn how Florida law applies to driving under the influence of marijuana and what drivers should know about drug-related DUI charges.
Florida DUI Laws for Marijuana →
DUI Enforcement in Miami
Learn more about DUI enforcement in Miami, including how law enforcement approaches impaired driving and what drivers should know about DUI arrests in South Florida.
Frequently Asked Questions About DUI in Florida
Is a DUI a Misdemeanor or Felony in Florida?
Will I Lose My Driver's License After a DUI Arrest in Florida?
How Long Do You Have to Challenge a DUI License Suspension in Florida?
Can a DUI Charge Be Dismissed in Florida?
Can You Get a Hardship License After a DUI in Florida?
How Long Does a DUI Stay on Your Driving Record in Florida?
Get Help With Your Florida DUI Case
Traffic Ticket Office has been helping Florida drivers since 1993. Talk with an experienced DUI attorney about your case and the options that may be available to you.