The Stages of a DUI Case in Florida: What to Expect

Being charged with driving under the influence (DUI) in Florida is a serious matter that can affect your freedom, finances, and future. The legal process can seem intimidating and confusing, especially if this is your first encounter with the criminal justice system. Understanding the stages of a DUI case can help you prepare, protect your rights, and make informed decisions. This article discusses the major stages of a DUI case in Florida from the moment of your arrest to your case resolution.

1. The Traffic Stop and Arrest

Most DUI cases begin with a traffic stop. A law enforcement officer may pull you over for a moving violation, such as speeding or swerving, or may stop you at a DUI checkpoint. During the stop, the officer will observe your behavior, speech, and physical appearance for signs of impairment.

If the officer suspects impairment, you may be asked to perform field sobriety exercises.  If the officer believes there is probable cause to believe you are impaired, you will be placed under arrest and transported to the county jail.

Important Note: Florida’s implied consent law requires drivers to submit to a lawful request for a breath, urine, or blood test. Refusing can result in an automatic license suspension—even if you are never convicted of DUI and/or your case is subsequently dropped.

2. Booking and Initial Release

After arrest, you will be booked into the county jail, photographed, and fingerprinted. You will be asked to submit to a breath and/or urine test, as appropriate.  In most cases, you may be released on bond or your own recognizance within 24 hours. The amount of bail can vary depending on the circumstances of your arrest, prior criminal history, and whether there was an accident or injuries involved.

At this stage, it’s crucial to contact a DUI defense attorney. Early intervention can sometimes make a significant difference in how your case is resolved.

3. The Administrative License Suspension

Separate from the criminal case, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may take action against your driver’s license. If you blew over the legal limit of 0.08% or refused a breath test, your license will be automatically suspended for the following time periods:

• First offense with breath test over 0.08: 6-month suspension.
• Refusal to submit to testing: 12-month suspension (18 months for a second refusal).

You have only 10 days from the date of your arrest to request a formal review hearing to challenge the suspension. If you do not act within this window, you lose the right to contest the suspension, and it will remain on your driving record.

4. Arraignment

The arraignment is your first appearance after the hearing to set your bond.  At this hearing, the State will formally announce the charges against you and you will enter a plea of guilty, not guilty, or no contest. If you have retained an attorney, they can typically waive your personal appearance and enter a plea of “not guilty” on your behalf.

By entering a plea of not guilty, your attorney can begin the process of reviewing the evidence, filing motions, and negotiating with the prosecutor in an effort to obtain the best possible result for your particular circumstances.

5. Discovery and Pre-Trial Motions

During the discovery stage, your attorney will obtain all the evidence the State intends to use against you, including:

• Police reports
• Breath or blood test results
• Video footage from dash cams or body cams
• Witness statements

Your lawyer will carefully review this evidence for errors, inconsistencies, or constitutional violations. For example, if the officer lacked probable cause for the stop, or if the breath testing equipment used in your case was not properly calibrated or maintained, your attorney may file a motion to suppress evidence. If successful, these motions can weaken the prosecution’s case and sometimes lead to a dismissal of your case.

6. Plea Negotiations

Most DUI cases in Florida are resolved through plea negotiations rather than trial. Depending on the strength of the State’s case and your prior record, your attorney may be able to negotiate a reduction of your charges (for example, to reckless driving) or less stringent probation terms.

For first-time offenders, some Florida counties offer diversion programs that may allow you to avoid a DUI conviction if you complete certain requirements, such as alcohol education classes and community service.

7. Pre-Trial Hearings

As your case proceeds, the court will hold a series of pre-trial hearings over several months. These hearings are designed for the court to address motions, evidentiary issues, trial scheduling and to otherwise monitor the progress of any plea negotiations.  During this time, your attorney will attend court on your behalf to inform the court about the status and progress in your case.

8. Trial

If a plea agreement cannot be reached, your case will be scheduled for trial.  A Florida DUI trial typically involves the following stages:

1. Jury selection (or bench trial if you waive a jury).
2. Opening statements by both the prosecution and defense.
3. Presentation of evidence—the State presents its case first, followed by the defense.
4. Closing arguments.
5. Jury deliberation and verdict.

At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence. Your attorney may challenge the reliability of breath or blood test results, question the credibility of witnesses, or argue that the officer’s subjective observations are insufficient to prove impairment.

9. Sentencing

If you are found guilty or accept a plea deal, the court will impose a sentence. Penalties for DUI in Florida vary depending on prior convictions, the presence of aggravating factors (such as a high blood alcohol level, a crash, or a minor in the vehicle), and other circumstances.

Typical penalties include:

• Fines and court costs
• Probation
• Community service
• DUI school and alcohol counseling
• Driver’s license suspension
• Possible jail time

For repeat offenders or cases involving serious injury, penalties can be much more severe, including mandatory jail sentences and long-term license revocation.

10. Appeals and Post-Conviction Relief

If you are convicted, you may have the right to appeal the decision to a higher court. An appeal is not a new trial but rather a review of whether legal errors were made during your case. Additionally, there may be post-conviction options, such as motions to modify probation terms or petitions for early termination of your probation.

Conclusion: Protecting Your Rights in a Florida DUI Case

The stages of a DUI case in Florida—from arrest to trial—are complex and can carry lasting consequences for your life and livelihood. Every step matters, from challenging your license suspension within 10 days, as appropriate, to exploring pre-trial motions that could suppress evidence.

Having an experienced DUI defense attorney by your side ensures your rights are protected, the evidence is thoroughly examined, and you have the best chance at a favorable outcome. Whether through dismissal, reduction of charges, or vigorous defense at trial, skilled legal representation can make all the difference in the outcome of your case.

If you’ve been arrested for DUI in Duval, Clay, Nassau or St. Johns County, call us now for a free case strategy session to discuss how we can help get you the best possible result in your particular case.