Missing Your DUI Court Appearance Can Lead to a Warrant, New Charges, and Jail Time—Here’s What You Need to Know and How a Lawyer Can Help
When you’re charged with DUI in Florida, it’s not just the criminal case you have to worry about. You also need to show up to every scheduled court appearance. If you don’t, the judge won’t just move on without you—they can issue a bench warrant, revoke your bond, and, in some cases, charge you with a completely separate crime under Florida law.
I’ve worked with clients who had every intention of showing up but missed court due to illness, family emergencies, or simple confusion. Others panicked and didn’t know what to do. Whether it was intentional or not, failing to appear can make your situation much worse—unless you act quickly.
Let me explain what really happens when you miss a DUI court date, what Florida Statute § 843.15 says, what defenses may apply, and how hiring a private attorney right away can help fix the problem before it spirals out of control.
What Florida Law Says About Failing to Appear in Court
The statute that applies when someone doesn’t appear in court for a criminal charge is Florida Statutes § 843.15, which reads:
“Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required, commits a felony of the third degree, if the person was released in connection with a felony charge, or a misdemeanor of the first degree if the person was released in connection with a misdemeanor charge.”
In short:
- If you miss court while out on bond for a felony, it’s a third-degree felony just for not showing up.
- If your underlying charge is a misdemeanor, the failure to appear is a first-degree misdemeanor.
So, even if your original DUI charge was a misdemeanor, failing to appear can add a separate criminal case to your record—and sometimes one that carries even harsher penalties than the DUI itself.
What Happens Immediately After You Miss a DUI Court Date?
If you don’t appear at your scheduled court hearing, the judge can take the following steps:
- Issue a bench warrant for your arrest
- Revoke your bond or order a higher bond
- Suspend your driver’s license under Florida DMV administrative procedures
- Add new criminal charges under § 843.15
- Mark your case as “failure to appear” in public court records
- Make you ineligible for pretrial diversion or a more favorable plea deal later
And if law enforcement contacts you or runs your name—for example, during a routine traffic stop—you could be arrested on the spot and held without bond until your next court appearance.
This is why I tell people: don’t wait. The sooner you get a private attorney involved, the more options you have.
Real Case Example: How I Got a Failure to Appear Dismissed
I represented a young man in Fort Myers who was charged with DUI after a traffic stop late at night. He had a clean record, complied with bond conditions, and was on track for a favorable resolution. But he missed a court date after moving to a new apartment and never receiving the mailed notice.
The judge issued a warrant. Within two days, he called me. I immediately filed a motion to quash the warrant, explained the circumstances, and requested a new hearing date. We submitted proof of the address change and a sworn affidavit from the client.
At the hearing, I persuaded the judge that the missed appearance wasn’t willful. The warrant was recalled, the failure-to-appear charge was dismissed, and the original DUI case stayed on track. That resolution wouldn’t have happened if he had waited or tried to handle it alone.
What Defenses Can Apply to a Florida Failure to Appear Charge?
The key to any defense under § 843.15 is proving that your failure to appear was not willful. That means you didn’t skip court on purpose. Common valid defenses include:
- You never received notice of the court date
- You were hospitalized or physically unable to appear
- There was a family emergency
- There was a clerical error in your address or court assignment
- You relied on incorrect information from the clerk or your bondsman
To make any of these defenses work, you need documentation and a lawyer who can present them in the right way. I’ve gone to court with clients and shown judges medical records, flight delays, proof of miscommunication, and other evidence to fix these problems.
Sometimes the judge will recall the warrant and let us reset the case without adding any new charges. But timing is critical. The longer you wait, the harder it gets to explain.
What If a Warrant Has Already Been Issued?
If there’s a bench warrant for your arrest, it doesn’t go away on its own. You can’t ignore it, and you should never try to resolve it without legal help. Walking into court without representation could get you taken into custody on the spot.
When I represent clients with outstanding warrants for failure to appear, here’s what I do:
- File a motion to quash the warrant
- Contact the prosecutor and the judge’s office to set a hearing on the motion
- Present evidence and legal arguments that explain the missed court date
- Request the court rescind the warrant and reinstate bond or release conditions
- Get the case back on track so the DUI can be handled properly
Even if the court insists on a new bond, we can usually arrange for surrender and release with minimal jail time—if it’s handled quickly and correctly.
Why You Need a Private Attorney Right Away
If you missed court or have a warrant, you need to move fast. Public defenders can’t represent you until you’re re-arrested or back in custody. That delay can hurt you. The court may assume you’re running. The prosecutor may file additional charges. You might lose the chance for pretrial programs or a clean resolution.
When you hire a private defense attorney, I can act immediately. I’ll work to fix the issue before it becomes more serious, handle the communication with the court, and defend against any additional charges under § 843.15. I’ll also protect your options in the underlying DUI case, which is usually still pending when a failure to appear happens.
If you wait too long or try to handle it on your own, you risk losing control of the process. The court sees you as a fugitive. But when you take the first step and let me handle it, the court is much more likely to give you a second chance.
FAQs – Missing a DUI Court Date in Florida
What happens if I missed court and didn’t know about it?
If you missed a hearing because you didn’t receive proper notice, a lawyer can help you file a motion to recall the warrant and explain the situation to the judge. If the court agrees the absence wasn’t intentional, you may be able to avoid new charges and get the case rescheduled.
Will I go to jail if I turn myself in?
That depends on the judge and whether your lawyer can file a motion before you surrender. In many cases, I’m able to arrange a hearing in advance, appear with the client, and persuade the judge to recall the warrant without requiring custody. Every case is different, but having a private attorney improves your chances significantly.
Is missing DUI court a separate crime?
Yes. Under Florida Statutes § 843.15, failing to appear can result in a separate misdemeanor or felony charge depending on the original offense. So if your DUI is a misdemeanor and you miss court, you could be facing two criminal cases instead of one.
Can my driver’s license be suspended for missing court?
Yes. Florida courts can notify the DMV when a bench warrant is issued, which can trigger an administrative suspension. That’s another reason to act quickly—so we can get the warrant cleared and your license reinstated before more penalties stack up.
How long does a bench warrant stay active in Florida?
Indefinitely. There is no expiration date. It stays active until you are arrested or the court recalls it. You could be arrested years later during a routine traffic stop or background check. The best move is to have a lawyer take care of it now before it causes a bigger issue.
Can I get the failure to appear charge dropped?
It’s possible, especially if we can show that the absence was not willful. I’ve had many cases where the court accepted our explanation, quashed the warrant, and declined to file new charges. It depends on your record, the circumstances, and how quickly you act to resolve it.
Should I talk to the court or prosecutor directly?
No. Talking to the court or prosecutor on your own is risky. You could say something that hurts your case or be told to surrender without any protection. As your lawyer, I’ll handle all communication the right way and protect your rights while we fix the problem.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you missed your DUI court date or think there’s a warrant out for your arrest in Florida, don’t wait another day. You have legal options, but only if you act now.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.