Local DUI Laws

Understanding Court Requirements After a DUI Arrest in Florida

After a DUI arrest in Florida, many people ask the same question: “Do I have to go to court?” The short answer is yes—DUI is a criminal offense in Florida, and it automatically triggers court involvement. Whether the case results in a trial or not, every person charged with DUI must participate in at least part of the court process.

DUI cases in Florida are handled in criminal court, typically at the county level. Even first-time DUI offenses are treated as misdemeanor crimes, not infractions, which means they cannot be resolved by simply paying a fine or attending traffic school. The legal system requires a formal court appearance, beginning with an arraignment and continuing through additional hearings unless the case is resolved early.

This post explains when and why you must go to court for a DUI in Florida, what types of court appearances are required, and whether there are any exceptions. The goal is to provide clear and accurate information for anyone trying to understand their obligations following a DUI charge.

Arraignment: The First Required Court Appearance

The first court appearance after a DUI arrest in Florida is the arraignment. This is where the court formally reads the charges, and the defendant is asked to enter a plea—typically “guilty,” “not guilty,” or “no contest.”

Unless waived by an attorney, appearing at the arraignment is mandatory. If you do not have a lawyer, you are expected to attend in person. Failure to appear can result in a bench warrant and additional legal consequences.

If you hire legal representation before the arraignment, your attorney may file a written plea of “not guilty” and a waiver of appearance. This allows the case to proceed without you attending that specific hearing. However, this only applies to the arraignment and not to all future proceedings.

Even when you do not physically attend, the court process continues. The arraignment is a procedural step, but it is the formal beginning of the criminal case and a critical part of the timeline.

Additional Court Appearances During the DUI Process

Beyond the arraignment, Florida DUI cases usually involve multiple court appearances. These may include:

• Pretrial Hearings: To address motions, review evidence, and discuss possible plea deals.
• Motion Hearings: To challenge specific aspects of the case, such as evidence admissibility or procedural issues.
• Plea Hearings: If the case is resolved by plea agreement, a court appearance is required to enter and accept the plea terms.
• Trial: If the case proceeds to trial, attendance is mandatory for every court date.
• Sentencing: If there is a conviction, a sentencing hearing will be scheduled.

For each of these stages, either the defendant or their attorney must appear. In many cases, attorneys can handle routine appearances, especially if the case is progressing through negotiations or motions. However, the defendant may still be required to attend key hearings—especially if a plea or trial is involved.

Even when court is not physically attended for minor hearings, the case is active and legally binding. The system continues to move forward, and deadlines must be met.

Are There Any Exceptions to Attending Court in Florida DUI Cases?

In some Florida DUI cases, attorneys can appear on behalf of the defendant for certain court events. This is more common in misdemeanor DUI cases and when the defendant has no prior offenses. The court may allow the attorney to waive appearances for non-critical hearings through proper legal filings.

However, some hearings cannot be waived, such as:

• Plea acceptance hearings
• Trial proceedings
• Sentencing
• Any court-ordered evaluation or compliance hearing

For felony DUI charges, court attendance is generally required at all stages. Felony DUI cases often involve enhanced penalties, prior convictions, or aggravating circumstances such as injury or high BAC levels. In these cases, courts are less likely to waive appearances.

If you live out of state or cannot attend court for valid reasons, your attorney must request special permission from the judge. These requests are not guaranteed to be approved and are handled on a case-by-case basis.

What Happens If You Miss a Court Date for DUI?

Missing a scheduled court appearance in a Florida DUI case is a serious matter. If you fail to appear without prior approval, the judge may issue a bench warrant for your arrest. This means law enforcement may take you into custody, and additional charges or penalties could be added to your case.

In addition to the warrant, missing court can result in:

• Forfeiture of bond
• Stricter release conditions
• Delays in case resolution
• A negative impression during sentencing (if convicted)

If you realize you’ve missed a court date, contact your attorney or the court immediately to resolve the issue. Ignoring it will only make the situation worse.

Timely attendance—or proper legal representation to appear on your behalf—is a key part of managing a DUI case in Florida.

Can You Resolve a DUI Case Without Going to Court?

In limited cases, it’s possible for a DUI case to be resolved without the defendant appearing at every hearing, but not without court involvement entirely. Florida courts require some level of formal participation for all DUI charges, even if a plea deal is reached early in the process.

Options that may reduce in-person court appearances include:

• Hiring a private attorney to manage pretrial hearings
• Entering a plea agreement early
• Completing court-ordered requirements before sentencing

Some jurisdictions also offer DUI diversion programs, though these are limited and vary by county. Diversion typically includes classes, community service, and compliance monitoring. If successfully completed, the charge may be reduced or dismissed, but it still involves court-supervised steps.

In short, while court appearances can sometimes be minimized, full court avoidance is not possible. DUI cases are criminal matters and must be resolved through the justice system.

Why Court Attendance Matters in Florida DUI Cases

Court attendance shows compliance, responsibility, and respect for the legal process. Judges and prosecutors take note of whether defendants follow procedures and appear when required. Missing court or relying on last-minute requests can create complications and may affect the outcome of the case.

Florida’s DUI laws are structured to involve multiple layers of review, and each court date serves a specific purpose—whether it’s presenting evidence, reviewing motions, or entering a plea.

Even if your attorney is doing most of the work behind the scenes, being aware of your required appearances—and showing up when necessary—is part of managing the case responsibly.

FAQ Section – DUI Court Attendance in Florida

Is court mandatory for a first-time DUI in Florida?
Yes. DUI is a criminal charge, and the court process is required even for first-time offenses.

Can my lawyer go to court for me?
In many cases, yes—especially for arraignment and routine pretrial hearings. But some hearings require your personal attendance.

What happens if I miss a court date?
The judge may issue a bench warrant for your arrest, and additional penalties or bond forfeiture can apply.

Do I have to go to court if I plan to plead guilty?
Yes. The court must accept the plea in a formal hearing. Your presence may be required unless waived by the judge.

Are there virtual court options for DUI cases?
Some counties offer remote hearings, but not all. Attendance method depends on the court’s procedures.

Can DUI cases be resolved outside of court?
No. DUI is a criminal offense and must be resolved through the court system, even if a plea deal or diversion is offered.

What if I live out of state?
You may request special permission to appear virtually or through your attorney, but approval is at the judge’s discretion.

Conclusion

Yes, you do have to go to court for a DUI in Florida. DUI charges are criminal offenses that require formal legal proceedings, including arraignment, pretrial hearings, and possibly trial or sentencing. While an attorney may handle some steps on your behalf, your involvement in the court process is still necessary. Understanding when and why you need to appear helps prevent legal complications and ensures your case proceeds smoothly.

To learn more about how DUI cases move through Florida’s legal system, visit the DUI Process and Timeline page. For a full breakdown of what happens from traffic stop to courtroom, read The DUI Process From Traffic Stop to Court for further details.