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    Arrested for DUI in Florida? What Happens Next

    Free, step-by-step Florida DUI guide: your license deadline, the court process, penalties, and how to get back on the road. Not legal advice.

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    ⚠️ CRITICAL: Florida's 10-Day Rule

    After arrest, your license is immediately suspended. The officer gives you a Notice of Suspension as a temporary permit for 10 days. You must REQUEST a formal review hearing with DHSMV within 10 days. Miss this → automatic suspension, no exceptions.

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    Your Florida DUI Journey

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    • •You were arrested for DUI under Florida Statute 316.193
    • •Officer gave you a Notice of Suspension (acts as temporary permit for 10 days)
    • ⚠️ You have 10 DAYS to request a DHSMV hearing or your license is automatically suspended
    • •Choose: Formal Review Hearing (challenge suspension) OR Waiver Review (accept but get hardship license immediately)
    • •Write down everything you remember about the arrest
    • •Your vehicle may be impounded for 10 days (first offense)
    • •Consider hiring a DUI attorney — Florida has strict mandatory minimums

    • •This is SEPARATE from your criminal case — handled by Florida DHSMV
    • •Formal Review: challenge the suspension, hearing officer reviews evidence, may win and keep license
    • •Waiver Review: accept suspension but get IMMEDIATE hardship license for work/school
    • •Requesting formal review extends temporary permit to 42 days
    • •If you lose: hardship license still available for most first offenders
    • •Florida requires FR-44 insurance (higher limits than SR-22) for reinstatement
    • •Second refusal = separate first-degree misdemeanor charge

    • •Timeline: Arraignment → Pre-trial → Trial or Plea → Sentencing
    • •Handled in County Court (misdemeanor) or Circuit Court (felony)
    • •Florida ALLOWS plea bargaining — 'wet reckless' (F.S. 316.192) is possible for first offenders with low BAC
    • •NOT available if BAC ≥ 0.15%, accident with injury, or property damage
    • •Judges CANNOT withhold adjudication for DUI — if convicted, it's permanent
    • •Third DUI within 10 years = FELONY (up to 5 years prison)

    Florida DUI Penalties

    1st DUIMisdemeanor
    JailUp to 6 months
    Fine$500-$1,000
    License180 days – 1 year
    IIDIf BAC ≥ 0.15%
    2nd DUI (within 5 yrs)Misdemeanor
    Jail10 days – 9 months
    Fine$1,000-$2,000
    License5-year revocation
    IID2 years mandatory
    2nd DUI (after 5 yrs)Misdemeanor
    JailUp to 9 months
    Fine$1,000-$2,000
    License180 days – 1 year
    IID1 year mandatory
    3rd DUI (within 10 yrs) FELONYFelony
    JailUp to 5 years
    Fine$2,000-$5,000
    License10-year revocation
    IID2 years
    4th+ DUI (FELONY)Felony
    JailUp to 5 years
    FineUp to $5,000
    LicensePERMANENT revocation
    IIDN/A

    * Florida cannot withhold adjudication for DUI. All include community service, DUI school, and evaluation. DUI stays on record 75 years.

    • •DUI School: Level I (first offense, 12 hours) or Level II (second offense, 21 hours)
    • •Substance abuse evaluation required for all offenses
    • •Community service: 50 hours (first offense)
    • •Ignition Interlock Device: mandatory if BAC ≥ 0.15% (first offense), all second+ offenses
    • •Duration: 6 months (first high BAC), 2 years (second), 2 years (third)
    • •FR-44 Insurance: Florida's version of SR-22 with HIGHER liability limits, required 3 years
    • •Costs $1,400-$4,200+/year extra
    • •Vehicle impoundment: 10 days (first), 30 days (second), 90 days (third)

    • •Getting your license back: complete all requirements, pay reinstatement fees, visit DHSMV
    • •Florida does NOT allow DUI expungement or sealing — conviction is permanent
    • •DUI stays on your Florida driving record for 75 YEARS
    • •No withholding of adjudication — if convicted, it's on your record forever
    • •Fourth offense = permanent license revocation (no hardship available)
    • •Insurance impact: FR-44 required for 3 years, rates elevated 5-7 years
    • •Employment: permanent criminal record may impact background checks
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