The DUI Court Process in Florida: What Happens Step by Step

The Florida DUI court process moves on two separate tracks at the same time: a criminal case in court and an administrative case about your driver’s license through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The criminal side runs from arrest, to a first hearing called arraignment, through pretrial steps, and ends in a plea, dismissal, or trial. The license side starts the moment you’re arrested, and in most cases you have just 10 days to act on it (Fla. Stat. 322.2615). This guide walks both tracks in plain English.

If you were just arrested in Florida, the most urgent thing to know is that the 10-day license clock is already running. Everything else can wait a little. That deadline can’t.

The Two Tracks: Criminal Court and Your License

When you’re arrested for DUI in Florida, the officer usually takes your physical license and issues a paper notice that doubles as a temporary 10-day driving permit (FLHSMV). That notice is the start of the administrative suspension, which is handled by FLHSMV, not by the judge in your criminal case.

The criminal case is what most people picture: charges, court dates, and a possible plea or trial. It’s filed under Florida’s DUI law (Fla. Stat. 316.193).

These two tracks have different deadlines, different decision-makers, and different outcomes. Winning or losing one doesn’t automatically decide the other.

The 10-Day License Deadline

Under Fla. Stat. 322.2615, you have 10 days from the arrest to request a formal review hearing (a hearing where a FLHSMV officer decides whether to keep or cancel the administrative suspension). You can also waive that hearing and apply for a hardship license that lets you drive for work, school, church, and medical needs.

If the 10 days pass and you do nothing, the administrative suspension takes effect automatically. You can learn more on our Florida DUI license suspension page.

Step by Step: How the Criminal Case Moves

The criminal side of the Florida DUI court process follows a fairly standard order, though the exact timing varies by county and by how busy the court is.

1. Arrest and Booking

You’re taken into custody, booked, and usually released after bond or your first appearance. A first appearance happens within 24 hours if you’re still held.

2. Arraignment

Arraignment is your first formal court date. The judge reads the charge, and you (or your attorney) enter a plea of guilty, no contest, or not guilty. In most cases people plead not guilty here so the case can be reviewed before any decision is made.

3. Pretrial and Discovery

This is the longest stage. Both sides exchange evidence (called discovery): the breath or blood results, body camera footage, the officer’s reports, and any field sobriety notes. Pretrial conferences are scheduled, and most cases are resolved here through negotiation rather than going to trial.

4. Motions

Before trial, your side can file motions, such as a motion to suppress evidence if the stop or the testing wasn’t done properly. How these are decided can change the whole case.

5. Plea or Trial

Most DUI cases end with a negotiated plea. If you go to trial, a judge or jury decides whether the state proved the charge beyond a reasonable doubt. If you’re convicted or plead, the case moves to sentencing.

6. Sentencing

The judge imposes the penalties set by Fla. Stat. 316.193, which depend on your offense count, your breath alcohol level, and whether anyone was hurt. See our Florida DUI penalties guide for the full breakdown.

Florida DUI Penalties by Offense

The legal limit in Florida is a blood or breath alcohol level of 0.08 (Fla. Stat. 316.193). It’s 0.02 for drivers under 21 and 0.04 for commercial (CDL) drivers. Here’s how the core penalties compare. Enhanced fines apply if your level was 0.15 or higher or a minor was in the car.

All convictions also require probation, 50 hours of community service, vehicle impoundment, and a DUI education course (Fla. Stat. 316.193). An ignition interlock device is required after a BAC of 0.15 or higher on a first offense, and on every second or later offense (Fla. Stat. 316.193). Learn more on our Florida ignition interlock page.

What the Administrative Suspension Looks Like

The administrative suspension is separate from any court sentence. The length depends on what triggered it (FLHSMV):

• First time driving with a BAC of 0.08 or higher: 6 months
• First refusal of a breath, blood, or urine test: 1 year (Fla. Stat. 316.1932)
• Second or later refusal: 18 months (Fla. Stat. 316.1932)

Refusing the test carries its own consequences. Our refusing a breathalyzer in Florida page explains how that works.

Frequently Asked Questions

How long does the Florida DUI court process take?

It varies widely by county and by how the case is handled. Many first-offense cases resolve in a few months, while contested cases with motions or trial can take longer. The administrative license track moves faster, often deciding within weeks of the arrest.

Do I have to go to every court date in person?

It depends on the court and whether you have an attorney. In many Florida counties an attorney can appear for you at routine hearings like arraignment, but you usually must appear in person for trial and sentencing. Always confirm with the specific court handling your case.

What happens at a DUI arraignment in Florida?

At arraignment, the judge formally tells you the charge and asks for your plea: guilty, no contest, or not guilty. In most cases a not guilty plea is entered so the evidence can be reviewed first. The court then sets the next dates in the pretrial process.

Is the license hearing the same as the criminal case?

No. The formal review hearing through FLHSMV (Fla. Stat. 322.2615) only decides the administrative suspension of your license. The criminal case in court decides the DUI charge itself under Fla. Stat. 316.193. They run on separate timelines with different outcomes.

What to do next: mark your 10-day license deadline first, because that window closes quickly and can’t be reopened. Then note your arraignment date, gather any paperwork the officer gave you, and read up on the Florida first offense DUI process so you know what’s coming at each step.