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What Happens After a DUI Arrest in Florida?
From the 10-day DHSMV deadline through arraignment and resolution — the full Florida DUI court process explained.
Last updated: March 3, 2026
Quick Answer
After a Florida DUI arrest, you have 10 days to request a formal or informal review hearing with the DHSMV to challenge your license suspension — or it takes effect automatically. The criminal case is handled in County Court and typically resolves in 3–9 months. Florida does not allow DUI to be reduced to reckless driving as easily as other states, and convictions cannot be expunged.
Florida DUI cases run on two parallel tracks: the criminal case (County Court) and the DHSMV administrative license suspension. Both must be actively managed. A conviction in either track does not automatically resolve the other.
Timeline
You are arrested, taken to the county jail for booking, and typically held until sober (Florida requires you to be held until your BAC drops below 0.05% or 8 hours have passed). You receive a citation that serves as a notice to appear in court and a temporary driving permit valid for 10 days.
Request a formal or informal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within 10 days. A formal review allows your attorney to subpoena the arresting officer and challenge the suspension with cross-examination — generally the better option. The 10-day temporary permit extends while your hearing is pending.
Your first criminal court appearance in County Court. You enter a plea — almost always "not guilty" initially. Florida attorneys frequently waive arraignment and enter a written not-guilty plea, so you may not need to appear. The prosecutor provides initial discovery disclosures at this stage.
Your attorney reviews all evidence: police reports, dashcam/bodycam footage, breath test (Intoxilyzer 8000) maintenance records, blood test results, and field sobriety test video. Florida's Intoxilyzer 8000 has a history of legal challenges — calibration and maintenance records are often subpoenaed. Motions to suppress can challenge the lawfulness of the stop or the breath test administration.
Prosecutors may offer a plea to DUI or, in some cases, reckless driving — though Florida prosecutors resist "wet reckless" reductions more than other states. Whether a reduction is possible depends on BAC, evidence quality, prior record, and the county's specific policy. Some counties are much more favorable for negotiation than others.
Most cases resolve by plea. If you go to trial, Florida DUI cases are heard before a 6-person jury. A not-guilty verdict ends the criminal case — but does not affect any separate DHSMV administrative suspension. After conviction, sentencing includes mandatory probation (12 months), fines, DUI school, community service, and ignition interlock.
Critical Florida fact: A DUI conviction in Florida cannot be sealed or expunged — ever. It stays on your criminal record permanently. This makes fighting the charge before a conviction especially important in Florida.