Understanding Your Rights, Legal Process, and Next Steps After a DUI Arrest in Florida

If you’ve been arrested for suspicion of DUI in Florida, you’re likely facing uncertainty, fear, and a lot of questions. We understand that this experience can be overwhelming. Knowing what to expect after an arrest can help ease some of that stress and prepare you for the legal challenges ahead.

Booking and Initial Processing

The first thing that happens after a DUI arrest is being transported to the police station. Once there, you will go through the booking process. During this process, law enforcement will take your personal information, including your name, address, and date of birth. You’ll also have your fingerprints and a mugshot taken. This is standard for any criminal arrest in Florida.

After the initial processing, you will likely be asked questions. It's crucial to remember that you have the right to remain silent and the right to an attorney. Invoking these rights can help protect you from self-incrimination. Florida Statutes Section 901.28 reinforces these rights and clarifies that anything you say during this period can be used against you later in court.

Breathalyzer Test and Blood Alcohol Content (BAC) Assessment

In Florida, if you’ve been arrested for DUI, law enforcement will ask you to take a breathalyzer test to measure your blood alcohol content (BAC). Under Florida’s "implied consent" law (Florida Statutes Section 316.1932), by driving on Florida’s roads, you have automatically agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath test can result in immediate penalties, including the suspension of your driver’s license for one year for a first refusal or 18 months for subsequent refusals. Additionally, refusing the test can be used against you in court as evidence of guilt.

If your BAC is measured at 0.08% or higher, you can be charged with DUI under Florida Statutes Section 316.193. However, even if your BAC is under 0.08%, you can still face DUI charges if law enforcement believes your normal faculties were impaired by alcohol or drugs.

Urine and Blood Tests

In certain cases, especially where drugs are suspected to be involved, law enforcement may request a urine or blood test. The results of these tests can provide evidence of impairment even if alcohol is not detected. Refusal to submit to these tests can also result in license suspension under the implied consent law.

Administrative License Suspension

Once you are arrested for DUI and either refuse a breathalyzer test or have a BAC of 0.08% or higher, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driver’s license. This is an administrative suspension, separate from any criminal penalties, and it can happen even before you go to court.

If this happens, you have 10 days from the date of your arrest to request a formal review hearing with the DHSMV to challenge the suspension. If you fail to request this hearing, your license will remain suspended for the full period. First-time offenders face a suspension of six months for a BAC of 0.08% or higher, and one year for refusing the test.

During this 10-day window, you may be eligible for a hardship license, which allows you to drive for essential purposes such as work or school. A hardship license is not guaranteed, and specific eligibility requirements must be met, including completing DUI school.

Holding Period and Release

After the booking and processing stage, you may be held in custody until you sober up, typically for eight hours. This allows the law enforcement agency to ensure that you are no longer a danger to yourself or others before being released. Florida law, specifically Section 316.193(9), governs this holding period, allowing for release once you are no longer impaired.

Release can happen in several ways: you may be released on your own recognizance, which means you won’t have to post bail but are required to show up for your court date, or you may be required to post bail.

First Appearance

If you remain in custody, Florida law requires that you be brought before a judge within 24 hours of your arrest. This is called your "first appearance." At this stage, the judge will determine if there was probable cause for your arrest and decide on the conditions of your release, including whether bail will be required.

During this appearance, it’s important to have legal representation to advocate on your behalf. A lawyer can argue for your release on your own recognizance, meaning you won’t have to post bail, or for a lower bail amount if one is required.

Criminal Penalties for a DUI in Florida

If you are convicted of DUI in Florida, the penalties can be severe and vary depending on several factors, including whether this is your first offense or if there are aggravating circumstances, such as having a minor in the car or causing property damage.

  • First-Time DUI Offense: You may face fines between $500 and $1,000, up to six months in jail, probation, community service, and the installation of an ignition interlock device.
  • Second-Time DUI Offense: The fines increase to $1,000-$2,000, with jail time up to nine months and longer probation and license suspension periods.
  • Third or Subsequent Offenses: A third DUI within ten years is classified as a third-degree felony. This can result in up to five years in prison, fines up to $5,000, and a minimum 10-year license suspension.

These penalties are laid out in Florida Statutes Section 316.193, which also includes mandatory DUI school and substance abuse evaluations.

Court Process

Once you are released, your case will move forward in the Florida court system. Your arraignment will be scheduled, during which you will formally hear the charges against you and enter a plea of guilty, not guilty, or no contest.

After the arraignment, your attorney will begin working on your defense. This can involve challenging the legality of the traffic stop, the accuracy of the breathalyzer, and other evidence against you. Your lawyer may also negotiate with the prosecutor to seek reduced charges or penalties. It’s important to remember that Florida has diversion programs in certain cases, such as pretrial intervention, which can result in reduced penalties or even the dismissal of charges if you complete the program.

Legal Defenses to DUI Charges

Several legal defenses can be raised in Florida DUI cases. These include challenging the validity of the traffic stop, questioning the accuracy of the field sobriety or breathalyzer tests, and contesting the arrest procedure.

  • Illegal Stop: If law enforcement did not have probable cause to pull you over, any evidence obtained afterward, including BAC results, could be thrown out.
  • Inaccurate Testing: Breathalyzers are not foolproof, and factors such as medical conditions or improper calibration can lead to inaccurate results.
  • Failure to Follow Protocol: If law enforcement failed to follow proper procedures during the arrest, your rights may have been violated, potentially leading to a dismissal of charges.

Florida DUI FAQs

What happens if I refuse the breathalyzer test?
In Florida, refusing to submit to a breathalyzer test can result in an automatic one-year suspension of your driver’s license for a first refusal and 18 months for a second refusal. Refusal to take the test can also be used as evidence against you in court.

Can I get my license back after it’s suspended for DUI?
You have 10 days from your arrest to request a formal review hearing to challenge the suspension of your license. If you qualify, you may be able to obtain a hardship license, which allows you to drive for essential purposes, like going to work.

Will I go to jail for a first-time DUI in Florida?
While jail time is possible for a first-time DUI, it is not always mandatory. Florida law allows for up to six months in jail for a first offense, but many individuals may face probation, community service, and fines instead, depending on the circumstances of the arrest.

How long does a DUI stay on my record in Florida?
A DUI conviction in Florida remains on your criminal record for 75 years and cannot be expunged or sealed. This makes it essential to fight the charges aggressively to avoid a conviction.

What are the penalties for a second DUI offense?
A second DUI offense in Florida comes with harsher penalties, including fines between $1,000 and $2,000, up to nine months in jail, and a minimum five-year license suspension. You may also be required to install an ignition interlock device.

Can I represent myself in a DUI case?
While you have the right to represent yourself, it’s not advisable. DUI cases are complex, and the penalties can be severe. Having an experienced DUI attorney to evaluate the evidence, negotiate with prosecutors, and represent you in court can greatly improve your chances of a favorable outcome.

CaBeing arrested for DUI in Florida is serious, but understanding what happens at the police station and beyond can help you prepare for the legal process. From the moment of arrest through booking, BAC testing, administrative penalties, and the court process, each step carries its own legal issues and consequences. Having an experienced DUI defense attorney can make a critical difference in the outcome of your case.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.