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The DUI Process Begins the Moment You’re Arrested
In Florida, a DUI arrest sets off a series of events that unfold over days, weeks, and sometimes months. While the arrest itself may seem like the most serious part, it’s actually just the beginning of a larger process that involves both administrative and legal procedures. Understanding what happens after a DUI arrest helps drivers prepare for the steps that follow and gives clarity on what to expect from Florida’s system.
A DUI (Driving Under the Influence) arrest in Florida typically occurs after a traffic stop, field sobriety tests, and/or a breath or blood test. Once a law enforcement officer believes there’s enough probable cause, the individual is taken into custody. From there, Florida’s legal and administrative systems start to work in parallel. That includes license suspension procedures through the Department of Highway Safety and Motor Vehicles (FLHSMV) as well as court involvement through the criminal justice system.
This post outlines the standard process that follows a DUI arrest in Florida—from the initial booking through court appearances and administrative actions. While every case can have unique elements, the general steps are consistent across the state. This overview is meant to give a neutral, factual explanation of what happens next.
Booking and Processing After a DUI Arrest
After a DUI arrest in Florida, the first official step is booking. This usually occurs at a local jail or detention facility. During this phase, the arrested individual is photographed, fingerprinted, and processed into the system. Personal belongings are collected and held until release.
In most DUI cases, the individual remains in custody for a short period—usually until a set bond amount is posted or until the individual is released on their own recognizance. Some counties may have mandatory holding times, especially if a breath or blood alcohol content (BAC) is particularly high.
At this point, an administrative notice is also issued regarding the suspension of the individual’s driver’s license. This is a separate track from the criminal case and is handled by the FLHSMV. The individual receives a temporary driving permit, valid for 10 days, during which they may request a formal hearing to contest the suspension.
The booking and release process is often quick but can be overwhelming. It also serves as the formal start of both the legal and administrative consequences of a DUI arrest in Florida.
Administrative License Suspension by the FLHSMV
In Florida, anyone arrested for DUI will face immediate administrative consequences through the Department of Highway Safety and Motor Vehicles. This happens whether or not the individual is later found guilty in court.
If the individual’s BAC was 0.08% or higher, or if they refused to submit to testing, their driver’s license is subject to suspension. For a first offense with a BAC over the limit, the suspension is usually six months. If the driver refused testing, the suspension is typically 12 months for a first offense.
The individual has 10 calendar days from the date of arrest to request a formal or informal review hearing with the FLHSMV. This hearing gives the driver a chance to contest the suspension. If no hearing is requested, the suspension goes into effect automatically at the end of the 10-day period.
Even if a hearing is requested, it only applies to the license suspension—it does not influence the outcome of the criminal case. During the hearing process, a temporary permit may be issued, but its terms are limited, typically allowing driving only for business or educational purposes.
This administrative process operates independently from the court system but is a key part of what happens immediately after a DUI arrest in Florida.
The First Court Appearance: The Arraignment
Shortly after the DUI arrest, the individual is scheduled for an arraignment, which is the first official court appearance. At this hearing, the court formally reads the charges against the individual. In Florida, DUI is a criminal charge that can range from a misdemeanor to a felony, depending on the circumstances.
At the arraignment, the individual may enter a plea—typically “not guilty” at this early stage—and the judge may confirm or adjust bail conditions. If the individual has legal representation, the attorney may waive the arraignment appearance and enter a plea on their client’s behalf.
This stage does not involve evidence presentation or a trial. Instead, it serves as the formal beginning of the criminal process. The court may also set future dates for motion hearings, pretrial conferences, or trial proceedings.
It’s important to understand that while the arraignment itself may be brief, it marks the start of a potentially long legal process. From this point forward, both the prosecution and defense begin to build their respective cases based on evidence and legal arguments.
Pretrial Process and Case Evaluation
Following the arraignment, the case enters the pretrial phase. This is often the longest part of the process after a DUI arrest in Florida. During this time, both sides review the evidence. This may include:
- Police reports and arrest documents
- Body or dash cam footage
- Breath or blood test results
- Field sobriety test performance
- Witness statements, if applicable
Attorneys may file motions to suppress certain evidence or to request additional information. The court may hold hearings on these motions, especially if there are questions about the legality of the traffic stop or the procedures used during testing.
In some cases, plea negotiations may occur during this phase. Prosecutors may offer reduced charges or sentencing recommendations in exchange for a guilty or no-contest plea. The individual may accept or reject such offers based on their circumstances.
The pretrial process is designed to clarify the issues in the case and determine whether it will proceed to trial or be resolved beforehand. This period can last several weeks or months, depending on the court schedule and the complexity of the case.
Trial or Resolution of the DUI Case
If a resolution is not reached during the pretrial phase, the case moves toward trial. In Florida, DUI trials are usually held in county court and can be decided by a judge or a jury, depending on the situation.
During the trial, the prosecution must prove the DUI charge beyond a reasonable doubt. Evidence presented may include officer testimony, test results, and any supporting documentation or recordings. The defense has the opportunity to cross-examine witnesses and present its own evidence.
The outcome of the trial can result in an acquittal, conviction, or in some cases, a mistrial. If the individual is convicted, sentencing follows, which may include fines, license suspension, probation, community service, or even jail time, depending on the offense level and prior record.
If the case is resolved before trial through a plea agreement, the terms of the plea—including sentencing—are presented to the court for approval.
Either way, the trial or resolution marks the conclusion of the formal court proceedings. However, additional steps, such as compliance with court orders or administrative penalties, may continue afterward.
Post-Conviction Steps and Consequences
If the individual is convicted of DUI in Florida, a new set of requirements and restrictions may begin. These can include:
- Completion of DUI school or substance abuse treatment
- Installation of an ignition interlock device
- Community service hours
- Probation and regular reporting
- Increased insurance costs or SR-22 filing
These post-conviction consequences vary based on the severity of the offense and any prior DUI history. For first-time offenses, the penalties may be less severe, while repeat offenses typically carry stricter terms.
The individual may also face long-term implications beyond legal penalties. A DUI conviction remains on the record and can affect employment, education, and housing opportunities. In Florida, DUI convictions cannot be expunged or sealed, meaning they are permanently visible in most background checks.
Even after court proceedings have ended, compliance with post-conviction requirements is essential. Failure to meet these conditions can result in additional penalties or extended supervision.
FAQ Section – What Happens After a DUI Arrest in Florida
How soon after a DUI arrest will I have to go to court?
You’ll typically receive a court date within a few days to weeks for your arraignment, which is the first hearing in the DUI case.
Does my license get suspended right away after a DUI arrest in Florida?
Yes. An administrative suspension may go into effect immediately, but you have 10 days to request a hearing to challenge it.
Can I drive after a DUI arrest in Florida?
You may be issued a 10-day temporary driving permit. After that, your ability to drive depends on whether you request a hearing and the outcome.
What’s the difference between the criminal and administrative DUI process?
The administrative process is handled by the FLHSMV and involves your license. The criminal process goes through the courts and deals with legal penalties.
Can a DUI charge be reduced or dismissed in Florida?
Sometimes. Depending on the evidence and legal arguments, charges may be reduced or dismissed before trial.
Will I have to install an ignition interlock device after a DUI conviction?
It depends. First-time offenders may not be required to install one unless their BAC was especially high. Repeat offenders usually must install one.
What if I refused the breath test?
Refusing a breath test results in a longer license suspension and may also affect your DUI case, especially during the administrative hearing.
Conclusion
A DUI arrest in Florida initiates both a legal and administrative journey that involves multiple steps—from booking and license suspension to court hearings and potential post-conviction penalties. While each case is unique, the general process follows a clear path that emphasizes public safety, legal procedure, and accountability.
To understand how DUI laws are structured and enforced in Florida, visit the How DUI Laws Work page. For a closer look at how DUI charges move from arrest to prosecution, explore How DUI Charges Are Filed and Prosecuted for additional insights.