What happens after a DUI arrest in Florida?

You’re pulled over, asked to step out, and before you know it, you’re handcuffed and in the back of a police car. If you’ve just been arrested for DUI in Florida, you may feel like you have no control over what happens next. But what you do in the next 24 to 72 hours can impact everything, from your ability to drive to work this week to your permanent criminal record.

The Law Offices of Robert David Malove helps people in situations just like this every day. As a trusted DUI lawyer in Fort Lauderdale, Mr. Malove and his team understand the fear and confusion that follows a DUI arrest and know how to fight back. This guide walks you through what to expect immediately after a DUI arrest, what penalties you could face, and how experienced legal representation can protect your rights.

What Happens Immediately After a DUI Arrest in Florida?

DUI arrests in Florida trigger both immediate legal consequences and a series of procedural steps. Let’s walk through what happens in the hours following your arrest.

You’ll Be Taken to Jail and Booked

After your arrest, officers may transport you to the nearest jail or detention center. There, you’ll go through the standard booking process, which includes fingerprinting, mugshots, an inventory of your personal items, and a review of the arrest details. You’ll likely be held in a holding cell with other recent arrestees.

You May Be Held Until a Bond Hearing

If you’re not released on your own recognizance, you’ll have to wait for a first appearance hearing, typically held within 24 hours of arrest. A judge will review your charges, consider any prior offenses, and set a bail amount or release conditions. If DUI with injury or prior convictions are involved, bail may be set higher or denied.

You’ll Receive a Notice to Appear in Court

After release, you'll be given a Notice to Appear or court summons with your upcoming arraignment date. This is your first formal court appearance, and it sets the stage for all legal proceedings to follow.

Your License Will Be Confiscated if You Refused or Failed a Test

Law enforcement will likely confiscate your driver's license at the time of arrest. A 10-day temporary permit will be issued, allowing you to drive for business needs while your suspension is pending.

What Are the Legal Steps After Bail in a Florida DUI Case?

After your release, the legal process continues. Understanding the post-bail stages in a Florida DUI case can help you prepare and avoid costly mistakes.

Arraignment

The charges are formally read at this hearing, and you’ll be asked to enter a plea of guilty, not guilty, or no contest. If you hire a DUI attorney beforehand, they can often file a written plea of not guilty and waive your appearance, allowing your defense to begin immediately.

Pretrial Hearings and Motions

The court may schedule several pretrial hearings to address procedural issues, file motions, and negotiate plea deals. Common defense motions include:

• Motion to suppress evidence. A motion to suppress evidence may be appropriate if, for example, breath tests were improperly administered.
• Motion to dismiss. Your Fort Lauderdale DUI defense lawyer may file a motion to dismiss if your legal rights were violated.
• Discovery motions. Your lawyer may file motions to compel the state to turn over arrest video, lab results, or witness statements.

In some cases, more than one type of motion may be filed. For example, we represented a client charged with DUI. We filed a motion to suppress that was granted, and the prosecutors amended the information and charged our client with reckless driving. At that point, the reckless driving charge was filed outside of the statute of limitations period, so we filed a motion to dismiss that was granted by the court.

Plea Bargaining

Many DUI cases in Florida are resolved without trial. Depending on the circumstances of your arrest and available evidence, your attorney may be able to negotiate a:

• Reckless driving plea
• Entry into a diversion program, if available in your jurisdiction
• No contest plea in exchange for reduced penalties

A skilled Fort Lauderdale DUI defense lawyer will fight for a fair resolution that limits long-term consequences.

Trial

If no plea deal is reached, your case proceeds to trial. The prosecution must prove beyond a reasonable doubt that:

• You were driving or in actual physical control of the vehicle
• You were impaired by alcohol or drugs, or had a BAC of 0.08% or more

If the state fails to meet this burden, the court must acquit.

Will I Lose My License After a DUI Arrest?

Yes, you may lose your license before you ever step into a courtroom. Florida law enforces administrative license suspension immediately upon arrest if:

• You fail a breath or blood test (BAC of 0.08%+): 6-month suspension
• You refuse to take a test: 12-month suspension (18 months for repeat refusals)

The 10-Day Rule

You only have 10 calendar days after your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to challenge the suspension. If you don’t, the suspension goes into effect automatically. Hiring a DUI attorney quickly can help you preserve your driving rights and explore eligibility for a hardship license.

Hardship Licenses in Florida

If your license is suspended, you may be able to obtain a hardship license allowing you to drive for:

• Work
• School
• Medical appointments
• Religious services

You’ll likely need to enroll in DUI school and submit proof of hardship to qualify. An attorney can guide you through the application process and represent you at the DMV hearing.

What Are the DUI Penalties in Florida?

Florida imposes significant penalties for DUI convictions, even for a first offense. As you consider your legal options after a DUI arrest, it is essential to remember what could happen if you are convicted of drunk driving. Below is a summary of the potential consequences of a Florida drunk driving conviction:

Additionally, probation, community service, and attendance at a DUI program may be required. Out-of-court consequences, such as increased car insurance and the complications of having a criminal record, may also apply.

The consequences are even more significant if you are convicted of DUI with serious bodily injury or DUI manslaughter.

Why You Need a DUI Lawyer in Fort Lauderdale Now

Trying to handle a DUI case alone can be a mistake with lifelong consequences. A skilled Florida DUI attorney will fight to:

• Protect your license
• Challenge the legality of the stop or arrest
• Identify violations of your constitutional rights
• Negotiate reduced charges or alternatives to jail
• Represent you in both court and administrative hearings

Attorney Robert Malove is a Board Certified criminal defense lawyer and a founding member of the National College for DUI Defense.

At the Law Offices of Robert David Malove, we help clients minimize the damage a DUI arrest can cause and, in many cases, avoid conviction altogether. We encourage you to read what our clients and community members say about us. Here is just a small sampling:

• A DUI client said, “…Throughout a myriad of legal twists and turns he advised, guided, and supported me, my spouse, and family. We listened. We followed his advice. On my day in court, Robert had prepared the best possible defense, and had helped prepare us emotionally for whatever might happen. The result was beyond expectations….”
• Jif, a Drug Treatment Program Coordinator, said, “Mr. Malove is an exceptional advocate for his client. He has a very real presence in the courtroom. I watch how judges and other lawyers treat him and he treats all. I have worked with many lawyers and he is the one I would call if I had my own personal issue….”
• Name withheld upon request, “When my son was arrested for DUI in Palm Beach County Florida I was referred to Robert Malove by a prominent Pennsylvania attorney. I cannot recommend his services high enough. He is tenacious in his defense and yet he gently explains the process in an effort to calm your emotions as you proceed through the judicial process. Mr. Malove went above and beyond what one would expect from a criminal attorney. He recognized my son needed life coaching and stepped in with critical support at a time we needed him the most.”

Don’t Wait. The Clock Is Already Ticking

From the moment you’re arrested, the law is moving against you. Evidence is being collected. Deadlines are counting down. Your right to drive, and possibly your freedom, is at stake.