In many misdemeanor DUI cases in Florida, you do not have to attend arraignment if your lawyer files a written plea of not guilty, and an attorney can appear for you at pretrial hearings. Presence is governed by Florida Rule of Criminal Procedure 3.180, and some dates may require you in person.
The rule behind courtroom attendance
Whether a person charged with DUI has to be in the courtroom is governed by Florida Rule of Criminal Procedure 3.180. In practice, the answer depends on the type of hearing and the type of case, and many misdemeanor DUI cases allow a lawyer to handle several dates without the client present.
This is one of the most common questions after an arrest, especially for people who work long hours, live far away or were arrested while traveling. A DUI case is prosecuted in the county where the arrest happened, so the courthouse may be a long drive from home, and a DUI arrest often comes with a license suspension that makes the drive harder.
Arraignment and the written plea of not guilty
Arraignment is the first formal court date. The charge is read and a plea is entered. In many misdemeanor cases, a lawyer can file a written plea of not guilty before that date, and the client does not need to attend.
The written plea does not decide anything about the merits of the case. It moves the case into discovery and keeps the options open for later.
Pretrial hearings and motion hearings
After arraignment, the court sets pretrial hearings to follow the progress of the case. In many misdemeanor DUI cases, an attorney can appear for the client at these hearings, reporting on discovery, depositions, motions and any negotiations before the court sets the next date. Those depositions are narrower in misdemeanor cases, including most DUIs, where the defense generally has to show good cause first.
Motion hearings, such as a hearing on a motion to suppress, can be different because testimony may be taken. Whether the client attends depends on the hearing and on the lawyer's advice about that particular date.
Court dates that may require you personally
Not every date can be handled by a lawyer alone. Dates such as trial and sentencing are treated differently, and a judge may also order a person to appear. Felony DUI cases can carry different expectations from misdemeanor cases, so the options described here should not be assumed for a felony charge.
Missing a date where presence was required is a serious matter that is separate from the DUI itself. Confirming each date with your lawyer, in writing where possible, is the simplest way to avoid that problem.
The license hearing is not a criminal court date
The formal review hearing on the administrative license suspension is not part of the criminal case. It is handled by DHSMV and must be requested within 10 days of the arrest. Its procedures are separate from the criminal court's, so attendance questions for that hearing are a separate conversation.
DUI Lawyers Shield Firm can explain during a free case review which dates in your case are likely to need you in person and which can usually be handled by counsel.
Keep reading
- From Arrest to Trial: Every Stage of a Florida DUI Case
- First Time DUI in Florida: What Actually Happens From Arrest to Sentencing
- Florida DUI Penalties in 2026: Every Level Explained
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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