What Happens After A DUI Arrest In Florida?

Being arrested for a DUI in Florida can be frightening and confusing — especially if it’s your first time dealing with the legal system. You may be asking yourself, “Will I lose my license? Am I going to jail? What should I do next?” The truth is, what happens after a DUI depends on several factors — but acting quickly and understanding your rights is key as a Tampa, FL DUI manslaughter lawyer who has been rated by Super Lawyers can explain.

Here’s a breakdown of what to expect after a DUI arrest in Florida — and how an experienced criminal defense attorney can help you protect your future.

Step 1: Your License May Be Suspended (Act Within 10 Days)

Right after your arrest, your license is likely to be immediately suspended if:

  • You refused a breath, blood, or urine test, or
  • You blew .08 or higher

You’ll be issued a 10-day temporary driving permit. During this period, you have the right to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to contest the suspension.

Important: If you don’t act within 10 days, you could face a license suspension of 6 to 18 months.

An experienced DUI attorney can request this hearing for you and help you apply for a hardship license to keep driving legally. They will also help you work through your case to keep it escalating from a misdemeanor to a felony.

Step 2: Criminal Charges And Court Appearances

A DUI isn’t just a traffic violation — it’s a criminal offense in Florida. After your arrest, the following steps typically occur:

  • Arraignment: You are formally charged and enter a plea.
  • Pre-Trial Motions And Negotiations: Your attorney may challenge the evidence or negotiate with the prosecutor.
  • Trial (If Necessary): Your case may go before a judge or jury.

First-Time DUI Penalties in Florida May Include:

  • Up to 6 months in jail
  • Fines up to $1,000
  • 6 to 12 months license suspension
  • DUI school, probation, and community service
  • Possible ignition interlock device (especially with higher BAC)

Step 3: Exploring Your Defense Options

Even if your BAC was over the legal limit, you still have legal options. Your attorney will examine:

  • Whether the officer had probable cause to stop you
  • If field sobriety tests were administered correctly
  • Problems with breathalyzer calibration or procedures
  • Violations of your constitutional rights

Many clients qualify for charge reductions (e.g., reckless driving) or even case dismissal, depending on the facts. This also depends upon if this is your first charge or second charge.

Step 4: Contact A DUI Attorney Immediately

A DUI conviction can impact your license, insurance, employment, and reputation. The sooner you involve a defense attorney, the better your chances of protecting your future.

At Stechschulte Nell, we help clients just like you fight DUI charges throughout the Tampa Bay area. We understand how stressful this time is — and we’re here to guide you every step of the way. Our team has received a 10.0 rating from Avvo for representing cases just like yours.

Contact us now to schedule your free, confidential consultation.

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