Founding Attorney
Getting arrested for a DUI can feel overwhelming, especially if it’s your first time dealing with the legal system. In Florida, the process moves quickly, and it’s easy to feel like everything is happening at once. We’re here to walk you through what happens after a DUI arrest and explain how we can help you protect your license, your record, and your future.
Timeline: From Arrest to Resolution
The first hours and days after a DUI arrest are some of the most important. Here’s a general timeline you can expect:
- Arrest and booking: After being pulled over, you may be asked to take a breath or blood test. If the officer has probable cause, you’ll be arrested and booked into jail.
- First appearance: Within 24 hours, you’ll see a judge. The judge will set your bond and any conditions for your release.
- License suspension: Your driver’s license will likely be suspended immediately by the DMV, even before your criminal case begins.
- Arraignment: Usually, within 30 days, you’ll have a formal hearing at which you can plead guilty, not guilty, or no contest.
- Pretrial hearings and motions: We can file motions to suppress evidence or negotiate with the prosecutor to lower the charges.
- Resolution: Your case could end with a plea deal, an agreement to attend DUI school, or a trial.
Every case is different, but having a clear sense of the timeline can make the process feel a little less overwhelming.
Administrative Penalties: Your License After Arrest
Florida’s DMV handles your driving privileges separately from your criminal case. If you’re arrested for DUI, the DMV will immediately suspend your license for six months if you failed a breath test, or 12 months if you refused.
You have 10 days from your arrest to request a formal review hearing to challenge the suspension. If you don’t act within those 10 days, you lose the chance to contest it.
Even if your license is suspended, you may qualify for a hardship license. To get one, you’ll need to enroll in DUI school and pay administrative fees. First-time DUI offenders typically don’t have to install an ignition interlock device unless their blood alcohol concentration (BAC) was .15 or higher or they had a minor in the car.
Criminal Penalties for a First DUI
In addition to the DMV suspension, you’ll face criminal penalties if you’re convicted. The penalties for a first DUI in Florida can include:
- Fines between $500 and $1,000 (or between $1,000 and $2,000 if your BAC was .15+ or a child was in the vehicle)
- Up to 6 months in jail (or 9 months if your BAC was .15+ or a child was in the vehicle)
- Probation for up to one year
- At least 50 hours of community service
- Mandatory DUI school attendance
- Vehicle impoundment for a minimum of 10 days
If your BAC was high or someone was hurt, the penalties can be more severe. It’s important to remember that a DUI conviction will stay on your criminal record and can’t be expunged or sealed later.
Hardship License and DUI School
Losing your ability to drive can create significant problems for work, school, and family responsibilities. Fortunately, many first-time offenders qualify for a hardship license.
To apply, you must:
- Enroll in DUI school (and eventually complete it)
- Pay reinstatement and application fees
- Show proof of need for limited driving privileges
The hardship license lets you drive for work, school, and medical appointments. It’s not automatic, and missing deadlines can cause you to lose the chance to apply. We can help you move through the process correctly so you can get back on the road as soon as possible.
Plea Options and Defenses
After a DUI arrest, you’ll face important choices about how to move forward. Depending on the facts of your case, you may have several options:
- Guilty plea: Accept the standard penalties.
- No contest plea: Accept penalties without admitting guilt.
- Not guilty plea: Challenge the evidence and take the case to trial.
Some first-time DUI defendants may be eligible for reduced charges (like reckless driving) through plea negotiations. In a few counties, special programs offer first-time offenders the chance to avoid a conviction entirely after completing classes and community service.
Defenses can include questioning the legality of the traffic stop, challenging the results of chemical tests, or showing that your rights were violated during the arrest.
Protect Your Rights After a First DUI
A first DUI charge can affect your driver’s license, your job, and your future. But it doesn’t have to define the rest of your life. We’re here to stand by your side, explain your options, and fight for the best possible outcome. If you’ve been charged with DUI in Florida, contact us today for a confidential consultation.