DUI in Florida: The First 10 Days

A DUI arrest in Florida usually starts two separate cases at once. One is the criminal case in court. The other is an administrative case about your driver's license, handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The license case moves fast. In most cases, you have only 10 days to act. Here is what generally happens, and what to do.

Step 1: The arrest and the paperwork

After a DUI arrest, the officer usually takes your Florida driver's license and gives you a notice of suspension. The suspension generally starts right away. If you are otherwise eligible to drive, the paperwork usually works as a temporary driving permit for 10 days.

You will also usually get paperwork for the criminal case, such as a citation and information about your release and first court date. Keep every page in a safe place.

Step 2: Understand the license suspension

Florida's "implied consent" law means that by driving in Florida, you have agreed to take a lawful breath, blood or urine test when asked after a lawful arrest. The license suspension usually depends on what happened with the test:

A test result at or above the legal limit (0.08). For a first suspension, this is generally 6 months.
A refusal to take the test. For a first refusal, this is generally 1 year. A refusal can also be a separate criminal charge. A later refusal can mean a longer suspension and a more serious charge.

This suspension is separate from any penalty in the criminal case. It can apply even before the criminal case is decided. Different rules apply to drivers under 21 and to commercial driver's licenses.

Step 3: Decide what to do within 10 days

In most cases, you have 10 days from the date of the notice to choose one of these options with FLHSMV:

Ask for a formal review hearing. A hearing officer reviews whether the suspension should stand. You can challenge the evidence, and witnesses such as the arresting officer can be subpoenaed. You may be able to get a temporary permit while the review is pending, if you are eligible.
Ask for an informal review. The hearing officer reviews the paperwork, and you can submit written materials. There are usually no witnesses.
Waive the review and ask for a hardship license. Some first-time drivers can give up the review and apply for a restricted license for business or work purposes. This usually requires enrolling in DUI school and meeting other requirements, and eligibility depends on your record and the type of suspension.

If you do nothing within the 10 days, the suspension generally stays in place without a review. Each option has trade-offs, so talk to a lawyer before you choose.

Step 4: The criminal case starts

The criminal DUI case runs on its own track, usually in county court. You may have conditions of release, such as no alcohol or an ignition interlock device, and a first court date called an arraignment. Penalties on a conviction can include fines, probation, community service, DUI school, license revocation and, in some cases, jail. Prior DUIs, a high test result or a crash with injuries can make the case more serious.

What to do in the first 10 days

Mark the deadline. Count 10 days from the date on your notice and act well before then.
Write down what you remember. Times, places, what was said, what you ate or drank, and any witnesses. Memories fade quickly.
Don't discuss the case with anyone other than your lawyer, and don't post about it online.
Keep your paperwork. This includes the notice of suspension, citations, bond papers and any tow or impound receipts.
Don't drive without a valid license or permit. Driving while suspended can lead to new charges.
Go to every court date. Missing one can lead to a warrant.