A DUI arrest in Florida sets two separate legal processes in motion at the same time: an administrative case that threatens your driver’s license and a criminal case that can result in fines, probation, or jail time. Both move fast, and both have deadlines that won’t wait. Here’s what the timeline actually looks like.
After you’re placed under arrest, you’ll be transported to a local jail or detention facility for booking. This includes fingerprinting, a mugshot, and an inventory of your personal belongings. Under Florida law, you must be held for a minimum of eight hours or until your blood alcohol level drops below 0.05%, whichever takes longer.
If you haven’t posted bond by then, you’ll appear before a judge at a first appearance hearing within 24 hours. The judge reviews the charges, considers your criminal history, and sets bail or release conditions. In most first-offense misdemeanor DUI cases, you’ll be released on bond or on your own recognizance.
At the time of your arrest, law enforcement will confiscate your driver’s license and issue a 10-day temporary driving permit. This is where the administrative case begins, and where many people make their biggest mistake.
You have exactly 10 calendar days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to challenge your license suspension. If you miss this deadline, the suspension takes effect automatically with no hearing and no second chance. For a first offense with a BAC of 0.08% or higher, the administrative suspension is six months. If you refused the breathalyzer, it’s 12 months.
An important 2025 change: under Trenton’s Law (House Bill 687), which took effect October 1, 2025, refusing a breath or urine test after a lawful DUI arrest can now result in separate criminal charges, a second-degree misdemeanor for a first refusal. This is a significant shift from prior law, where refusal only triggered administrative penalties.
Your arraignment typically occurs about two to four weeks after your arrest. This is your first formal court appearance in the criminal case. The judge reads the charges, and you enter a plea: guilty, not guilty, or no contest. In virtually every case, you should plead not guilty at this stage. If you’ve hired a DUI attorney, they can usually file a written not-guilty plea and waive your appearance at the arraignment entirely, allowing your defense strategy to begin immediately.
After the arraignment, the case enters the pretrial phase. This is where your attorney files motions such as: motions to suppress evidence if the traffic stop was unlawful or the breath test was improperly administered, reviews discovery from the prosecution, and negotiates with the State. Many first-offense DUI cases in Florida are resolved during this phase through plea negotiations or, in some counties, diversion programs that can result in a reduced charge like reckless driving. Misdemeanor DUI cases typically resolve within three to six months, while felony DUI cases can take longer.
If no resolution is reached, the case proceeds to a jury trial. Six jurors will hear the evidence and decide whether the State has proven the DUI charge beyond a reasonable doubt. Trial is not the outcome in most cases, but having an attorney who is prepared to go to trial gives you the strongest negotiating position throughout the entire process.
The 10-day license deadline starts the moment you’re arrested, and the decisions you make in the first week can shape the outcome of your entire case.
This is general information, not legal advice. Every case is unique; consult your Florida criminal law attorney before posting anything.
Free Consultation: 1-888-503-5555
Follow us on social media.
