A DUI arrest in Florida sets two separate legal processes in motion at once. What you do in the first 10 days could determine whether you keep your license.
What happens immediately after arrest
Florida law requires you to remain in jail for at least eight hours after a DUI arrest, often until your breath alcohol level falls below the legal limit. You will appear before a judge within 24 hours for a bond hearing. Your vehicle may also be impounded for 10 days, separate from any court-ordered penalties.
At the time of arrest, an officer will likely confiscate your driver’s license if you failed or refused a breath test. You will receive a temporary permit that is valid for 10 days.
Two processes begin at the same time
Your case splits into an administrative track and a criminal track. Here’s what you need to know:
- Administrative suspension: The Florida Department of Highway Safety and Motor Vehicles automatically suspends your license. A failed breath test results in a six-month suspension. A refusal results in a 12-month suspension.
- Criminal case: The state attorney’s office prosecutes you for DUI, typically as a misdemeanor. Felony charges may apply if injury occurred or you have prior convictions.
These processes move independently. An administrative suspension can take effect even if your criminal case is later dismissed.
The 10-day rule
You have only 10 calendar days from the date of arrest to request a formal review hearing with the FLHSMV. Missing this deadline means the automatic suspension takes effect without challenge. Under Florida Statute § 316.193, the state can prove DUI through impairment of normal faculties or a BAC of .08% or higher which are two separate legal thresholds that affect how your case is built.
What can affect field sobriety test results
Field sobriety tests are not foolproof. Environmental and procedural factors can affect your performance regardless of alcohol consumption. Uneven pavement, poor lighting, wind or rain and unclear instructions from an officer can all influence results. These conditions may support a challenge to the evidence used to justify your arrest.
You may speak with a DUI attorney
If you were arrested for DUI in Florida, consulting a qualified criminal defense attorney can help you understand your options before critical deadlines pass. An attorney can evaluate the evidence, guide you through the administrative hearing process and identify possible defenses in your criminal case.
