Getting arrested for a DUI in Florida can be overwhelming, especially if it’s your first time dealing with the criminal justice system. You might be wondering: Will I lose my license? Will I go to jail? How will this affect my future? Knowing what to expect after a first-time DUI arrest can help you take control of the situation and make smart decisions to protect your rights and your future.
The Immediate Aftermath of a DUI Arrest
After a DUI arrest in Florida, you will typically be taken to a local jail or detention center. Depending on your circumstances, you may be required to take a breath, blood, or urine test to determine your blood alcohol concentration (BAC). If your BAC is 0.08% or higher—or if you refuse testing—you can face administrative penalties even before your criminal case begins.
Most first-time DUI arrestees are allowed to post bail and be released, either on their own recognizance or after paying a bond. At this point, it’s critical to avoid discussing your case with anyone besides your lawyer. Anything you say can be used against you later.
Your Driver’s License Will Be Affected Immediately
Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) initiates an immediate administrative suspension of your driver’s license after a DUI arrest. For a first offense, this means:
- 6 months license suspension if you failed the BAC test.
- 12 months license suspension if you refused to take the test.
You only have 10 days from the date of your arrest to request a DMV hearing to challenge the suspension. If you miss this window, the suspension becomes automatic. Working with an experienced DUI defense attorney in Miami immediately after your arrest is critical to preserving your ability to drive.
Understanding the Criminal Court Process
Separate from the DMV case, your criminal DUI case will proceed through the court system. Here’s what you can expect:
Arraignment
At your first court appearance, known as the arraignment, you will be formally charged with DUI. You can plead guilty, not guilty, or no contest. Pleading not guilty allows your attorney to contest the charges and explore defense strategies.
Pretrial Motions and Hearings
Before trial, your lawyer may file motions to suppress evidence, challenge the legality of the traffic stop, or contest the accuracy of the BAC test results. Winning these motions can sometimes result in the dismissal or reduction of charges.
Plea Bargaining
Many first-time DUI cases are resolved through plea negotiations. In some cases, the prosecution may agree to reduce the charge to reckless driving (“wet reckless”), which carries fewer penalties and less stigma than a DUI conviction.
Trial
If a plea deal isn’t in your best interest, your case may go to trial. A skilled trial attorney can present a strong defense, cross-examine the prosecution’s witnesses, and argue your case before a jury.
Potential Penalties for a First DUI Conviction
If convicted of a first-time DUI in Florida, you could face the following penalties:
- Up to 6 months in jail (more if there was a minor in the car or high BAC).
- Fines between $500 and $1,000.
- Mandatory DUI school and substance abuse counseling.
- License suspension of 6 to 12 months.
- Installation of an ignition interlock device (IID) in some cases.
- Community service (typically 50 hours).
Collateral Consequences of a DUI Conviction
The consequences of a DUI go beyond the courtroom. A conviction can increase your insurance premiums, limit employment opportunities, and damage your reputation. Some professional licenses, such as those for teachers, nurses, or real estate agents, may be suspended or revoked due to a DUI conviction.
How a DUI Defense Lawyer Can Help
An experienced DUI defense lawyer can make a world of difference in your case. At Reynoso Erickson Trial Law, P.A., our team challenges every aspect of the prosecution’s case, from the legality of the traffic stop to the accuracy of field sobriety tests. Early intervention can lead to evidence suppression, charge reduction, or case dismissal.
Tips to Protect Yourself After a DUI Arrest
- Do not discuss your case with anyone except your lawyer.
- Request your DMV hearing within 10 days of your arrest.
- Follow all court-ordered requirements carefully.
- Stay off social media when discussing anything related to your arrest.
- Keep detailed notes about the events leading up to your arrest while they are still fresh.
Don’t Let One Mistake Define Your Future
A first-time DUI arrest is serious, but it doesn’t have to derail your life. You have rights, defenses, and options available. Contact an experienced Miami DUI defense attorney today to begin building a strong defense strategy that protects your freedom and your future.