A first time DUI in Florida moves through two systems at once: a criminal case in county court and a license suspension handled by DHSMV. This is the usual order of events, from booking through a possible sentence.
The first 24 hours: booking, bond and first appearance
After a DUI arrest, the driver is taken to be booked, which usually means fingerprints, photographs and paperwork. Release then happens either on bond or after a first appearance before a judge, usually within 24 hours of the arrest.
If a breath test was requested after the arrest, the result, or a refusal, becomes part of two separate matters that both begin that same day.
Two tracks open on the day of the arrest
Florida handles a DUI arrest as a criminal case and a license case. The criminal charge is prosecuted in county court in the county where the arrest happened. The administrative suspension of the driver license is handled by the Florida Department of Highway Safety and Motor Vehicles, known as DHSMV.
The license side sets the first deadline. There are 10 days from the arrest to request a formal review hearing, and if no request is made the suspension takes effect. That deadline usually arrives before the criminal case has had its first court date.
From arraignment through the evidence
Arraignment is the first formal court date. The charge is read and a plea is entered, and in many misdemeanor DUI cases a lawyer can file a written plea of not guilty so the person does not have to attend.
Discovery follows. The defense receives the state's evidence, including police reports, breath records and video, and Florida allows depositions of witnesses in criminal cases. In misdemeanor cases, which include most first and second DUIs, depositions are more limited and generally need a showing of good cause. If the stop or arrest appears to have been unlawful, a motion to suppress can ask the court to exclude evidence obtained as a result.
A case ends by dismissal, plea or trial. Depending on the evidence, some first cases are resolved as a lesser charge such as reckless driving, but that outcome is never automatic.
What a first DUI sentence can include
If the case ends in a DUI conviction, the court works within a range set by law. For a first offense with an alcohol level under 0.15 and no minor in the vehicle, that range includes a fine of $500 to $1,000, up to 6 months in jail, probation (with jail and probation together capped at 1 year), 50 hours of community service, DUI school, a 10 day vehicle impoundment, and license revocation of 180 days to 1 year.
A reading of 0.15 or higher, or a minor in the car, moves a first offense into a higher range: a fine of $1,000 to $2,000, up to 9 months in jail, and 6 months of ignition interlock. Courts cannot withhold adjudication on a DUI, so even a no contest plea produces a conviction.
Every first case turns on its own facts. DUI Lawyers Shield Firm offers a free case review for people who want a lawyer to walk through the evidence in theirs.
Keep reading
- When You Do and Do Not Have to Appear at a Florida DUI Hearing
- Florida DUI Penalties in 2026: Every Level Explained
- How to Fight a Florida DUI Breathalyzer Reading
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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