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Home›Resources›The Florida DUI Process: A Step by Step Guide

The Florida DUI Process: A Step by Step Guide

Overview

A Florida DUI arrest starts two separate tracks: the criminal case in county court and an administrative license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This guide walks through the stages in the order they usually happen. Every case depends on its own facts.

Stage 1: Arrest, booking and first appearance

After the arrest comes booking and either bond or a first appearance before a judge, usually within 24 hours. Release conditions are set at this stage.

Stage 2: The 10 day license deadline

There are 10 days from the arrest to request a formal review hearing on the administrative suspension. If no request is made, the suspension takes effect. This deadline runs on its own clock, separate from the court case.

Stage 3: Arraignment

Arraignment is the first formal court date, where the charge is read and a plea is entered. In many misdemeanor cases a lawyer can file a written plea of not guilty, and the client does not need to attend.

Stage 4: Discovery

The defense receives the state's evidence, including reports, breath records and video. In many misdemeanor DUI cases an attorney can appear for the client at pretrial hearings while this review goes on.

Stage 5: The formal review hearing

If it was requested in time, the administrative suspension is reviewed by a DHSMV hearing officer. This hearing is separate from the criminal case and is decided under its own rules.

Stage 6: Motions

Motions to suppress ask the court to exclude evidence obtained unlawfully, for example after a stop without reasonable suspicion. Whether a motion fits the case depends on what discovery shows.

Stage 7: Resolution

A case ends by dismissal, plea or trial. A plea of nolo contendere (no contest) is common in Florida; it is not an admission of guilt, but for a DUI it results in a conviction. Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving. This is never automatic.

Stage 8: Sentencing

If there is a conviction, the penalties follow Florida's DUI statute. Courts cannot withhold adjudication on a DUI, and a DUI conviction cannot be sealed or expunged. For a first DUI, penalties can include a fine of $500 to $1,000, probation, 50 hours of community service, DUI school, a 10 day vehicle impoundment and a license revocation of 180 days to 1 year.

Stage 9: Getting back on the road

After a conviction, Florida requires FR-44 proof of insurance, which carries higher liability limits than standard coverage. DUI school is part of the process, and an ignition interlock device can be required after certain convictions. A hardship license may be available during some suspensions, depending on the type of suspension and the driver's record.

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