I’ve Been Arrested for DUI in Florida! Now what?
Motor Vehicle Hearing:
To preserve your right to drive in Florida, you must request a hearing within ten (10) days after your license has been taken from you by an officer. An administrative hearing must be initially scheduled within thirty (30) days. If you refused to be tested and you do not take action within ten (10) days of your arrest, your license to drive will be suspended for a minimum of one (1) year. If you took the test offered, you still must take action within ten (10) days of your arrest, otherwise your license to drive will be suspended for at least six (6) months.
Pre-Trial Conference:
Your attorney will appear on your behalf at the pretrial conference. The court will review the status of your case.
Suppression Hearing:
The court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. You may or may not need to appear at this hearing.
Trial:
You may have a trial by jury or a trial in front of a judge.
Sentencing:
The court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, public service, alcohol classes and fines. There are several mandatory minimum sanctions that must be imposed by the court.
Some Frequently Asked Questions About Florida DUI Law
Will I be able to get my case dismissed because I was not read my rights?
Not likely. The failure to advise of rights raises issues as to statements only.
Will I go to jail?
On a first offense, probably not. On second or later offenses, it becomes more probable. There are mandatory minimum jail sentences for some subsequent offenses.
If convicted, how long will the DUI remain in my driving record?
How about the criminal record? It will remain on both records forever.
How many hours of alcohol classes will I have to attend?
Plan on at least 24 to 48 hours, one two-hour session per week. The higher your BAC, the more hours you will have to attend.
What will happen if I do not complete the classes or public service ordered by the court?
You can be found in violation of probation and may go to jail.
I lost my Florida license. May I obtain a license in another state?
In most cases, no
If I obtain an international driver's license, may I drive in Florida even though my Florida license is revoked?
No.
Why is your license taken after the arrest, and when do you get it back?
Under Florida law, your license can be administratively suspended for either a refusal to take a blood test or if you have a breath test result of .08 or greater. The length of this suspension can be from six (6) months to eighteen (18) months.
Does the DMV administrative hearing have any bearing on the criminal hearing?
No. They are two independent proceedings.
What if I pled guilty or no contest at my bond hearing?
You can file a motion to have your plea withdrawn within thirty (30) days of your conviction.
What if it has been more than thirty (30) days?
There are some circumstances under which you may still be able to have your plea vacated. There are still time constraints, so you need to seek legal action promptly.
What is the difference between a plea of guilty or a plea of no contest?
In a DUI case, there is no difference in terms of your criminal record, your driving record or the penalties imposed. They will both result in a criminal conviction for DUI, and your case will be completed.
