Short answer: a Florida DUI arrest can start two cases at once, a criminal case and a license case. The license case has a 10-day deadline from the date on your notice. Use our 10-day countdown to find your date.
DUI arrests are in the news across Florida every week. Behind every headline is a person who just learned that one arrest can start two separate cases. Everyone arrested is presumed innocent, and a DUI charge must be proven. This article explains the process, not any person's case.
Two cases, not one
After a DUI arrest in Florida, you may face:
- A criminal case in county court, decided by a judge or jury.
- An administrative license case with the Department of Highway Safety and Motor Vehicles (DHSMV), which moves on its own track.
You can win one and lose the other. They have different rules and different deadlines.
The criminal charge
Florida law makes it a crime to drive or be in actual physical control of a vehicle while:
- affected by alcohol or a controlled substance to the extent that your normal faculties are impaired; or
- at a blood-alcohol level of 0.08 or more, or a breath-alcohol level of 0.08 or more.
(§ 316.193(1), Fla. Stat.)
For a first conviction, the statute sets a fine of $500 to $1,000 and imprisonment of not more than 6 months. A second conviction carries a higher fine, a longer maximum, and mandatory ignition interlock. A third within 10 years is a felony. (§ 316.193(2)(a)-(b), Fla. Stat.) The penalties go up if the blood- or breath-alcohol level was 0.15 or higher, or if a minor was in the car. (§ 316.193(4), Fla. Stat.)
An arrest is not a conviction. The State must prove its case.
The license clock
When a driver has a breath or blood result of 0.08 or higher, or refuses a breath, blood, or urine test, the officer takes the license and issues a notice of suspension. If the driver is otherwise eligible to drive, the officer also issues a 10-day temporary permit. If blood was drawn, the suspension can come later, after the results arrive. (§ 322.2615(1)(a), (3), Fla. Stat.)
The notice states the suspension period:
- 6 months for a first offense at 0.08 or higher.
- 1 year for a first refusal to submit to a lawful test.
(§ 322.2615(1)(b)1., Fla. Stat.) The periods are longer if the license was suspended before.
Here is the deadline that matters. The driver may request a formal or informal review of the suspension within 10 days after the notice is issued. The temporary permit expires at midnight on the 10th day. (§ 322.2615(1)(b)3.-4., Fla. Stat.)
If that 10-day window passes, you may lose the chance to challenge the suspension. Do not count on the criminal case to fix it. A suspension for refusing a test stands no matter how the criminal case ends. A suspension for a 0.08 result is undone only if you are found not guilty at trial. (§ 322.2615(14)(b), (16), Fla. Stat.) Ask a lawyer how it applies to you. For the full walk-through, read The DUI 10-Day Rule in Florida, or go to our Miami DUI help hub and use the 10-day countdown.
What to do in the first days
- Find the paperwork. The notice of suspension shows the date. Count from that date.
- Do not wait for court. The license case is separate from your first court date.
- Write down what you remember while it is fresh: where you were, what you ate or drank, what the officer said, and what tests were requested.
- Avoid discussing the case on social media or with anyone but your lawyer.
- Call a DUI defense lawyer right away. Evidence such as video and testing records can be lost with time.
Our checklist, After a DUI Arrest: The First 24 Hours, covers holding time, bond, and first appearance.
If a family member is still in custody
If someone you love was just arrested and you are not sure where they are being held, use our Florida inmate search. It links to each county's official jail roster, and lists the jail phone number for counties with no online search.
Questions a defense lawyer looks at
Every case is different. A lawyer reviews questions such as why the officer stopped the car, how the roadside exercises were given, and how the breath or blood test was done and recorded.
Talk to us
Our attorney is a former Miami-Dade prosecutor. See our DUI defense page. Call (305) 209-0384. We answer 24/7, and the call is confidential.
This article is general information, not legal advice. Every case depends on its facts. Past results do not guarantee a similar outcome.