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← Back to HomeArrested 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.
⚠️ 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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Get Your Answers NowYour 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
* 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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