Arrested for DUI in Miami? What to Do in the First 24 Hours

You may have just gotten out. Your head may be spinning. This page is a short list: what is happening, what to keep, and what not to do.

The short answer for today

1. Take care of yourself. Eat, drink water, rest.
2. Keep every paper you were given.
3. Write down one date: the date your notice of suspension was issued (usually your ticket).
4. Do not write out a statement for anyone but your lawyer.
5. Call a lawyer when you are ready. We answer 24 hours.

The one date to write down

You have 10 days from the date your notice of suspension was issued to act on your license. That is a separate process from your court case. We say it once here, then move on.

Use our countdown tool: Find my 10th day (see the 10-day page). Read what your three choices are: The DUI 10-day rule.

Source: § 322.2615(1)(b)3., Fla. Stat. (2026).

Why couldn't I leave right away?

Florida law sets a minimum hold after a DUI arrest. You can't be released until one of these has happened:

• you are no longer impaired;
• your alcohol level is under 0.05; or
• 8 hours have passed since the arrest.

The law lists these as alternatives. Booking and paperwork can add time on top.

Source: § 316.193(9)(a)-(c), Fla. Stat. (2026). The statute says a person arrested "may not be released from custody" until the first of these: no longer under the influence and affected so that "normal faculties are impaired," blood or breath level "less than 0.05," or "8 hours have elapsed from the time the person was arrested."

Is there a standard bond amount?

We don't give a dollar figure here, because the amount depends on the case and on the judge.

Here is how it works. In many cases, Florida lets a person post bail before first appearance under a bond schedule. The Florida Supreme Court adopts a statewide schedule each year, and a circuit may also have a local schedule. Some charges are not eligible for release before first appearance. A judge is not tied to a bond schedule. At first appearance the judge looks at the case and the person and decides what release is needed. Nothing is guaranteed. Each case is different.

Source: Fla. R. Crim. P. 3.131(b)(1)-(2), (c)(2) (Florida Bar ed., Oct. 1, 2026); § 903.011(5), Fla. Stat. (2026).

Cash bond or surety bond? What is the difference?

• Cash bond: you, or someone for you, deposits cash for the bail amount.
• Surety bond: a bail bond is posted with a surety, usually a licensed bail bond agent. Ask the agent about its charges before you sign.
• A judge can also release you on your own promise to appear, or on conditions with no money.

The judge must use the first option that will reasonably do the job.

Source: Fla. R. Crim. P. 3.131(c)(1)(A)-(D).

What is first appearance? Do I have to talk?

First appearance is a short hearing, in person or by video. If you were not already released, it is held within 24 hours of arrest. A judge:

• tells you the charge;
• explains your rights;
• decides release and conditions.

You do not have to say anything about what happened. Anything you say can be used against you. You can ask for a lawyer. You can contact family or a lawyer.

If you are released before first appearance, you may get a later court date instead.

Source: Fla. R. Crim. P. 3.130(a), (b)(1); 3.131(c). The rule says the judge must advise that "the defendant is not required to say anything, and that anything the defendant says may be used against him or her."

What release conditions might the court set?

The rule lets the court set conditions such as:

• limits on alcohol use (the rule says "refrain from excessive use of alcohol");
• reporting to a pretrial services agency or other agency;
• a substance abuse evaluation, and following its recommendations.

The rule also allows "any other condition that is reasonably necessary" for court appearance and community safety, so a court may order other conditions too. What a judge orders depends on the case. You can ask the court later to change your release conditions.

Source: Fla. R. Crim. P. 3.131(c)(1)(C)(iv), (vii), (viii), (x); 3.131(c)(3), (e).

How do I get my car and my things back?

If your car was towed, the towing company holds it and can charge towing and storage fees.

• The owner, or the owner's agent, may inspect the vehicle and get it released, along with the personal items that were inside it.
• Storage fees can add up. Don't wait.
• Your tow receipt shows the lot name and phone number.
• If you disagree with the tow or the fees, Florida's towing law lets the owner go to court, or post a bond with the clerk of court to get the vehicle released.

We don't name any tow company, lot, or fee here.

Source: § 713.78(5)(a)-(b), (10), Fla. Stat. (2026).

Your paperwork checklist

Print it or save it. Tick each box as you find the paper.

Do not write out a statement for anyone but your lawyer.

Driving tomorrow?

Your ticket or notice may work as your temporary permit for a short time. See our 10-day page for what it allows and when it ends. If you hold a CDL, the rules are different: DUI and your CDL.

What comes next?

• If you refused the breath test: Refusing a breath test in Florida.
• If you need to drive to work: Hardship license after a DUI.
• If you are not a U.S. citizen: DUI and immigration.
• For court steps after first appearance: Arrest and court process and our courthouse guide.

Related pages

• Back to the DUI hub
• The DUI 10-day rule
• Refusing a breath test in Florida
• Hardship license after a DUI
• DUI and your CDL
• Arrest and court process
• Florida Inmate Search: Find Someone in Jail

Call or WhatsApp: (305) 209-0384

Want a person to go through your papers with you? Call or WhatsApp now or tomorrow. English or Spanish. 24 hours. Dennis Gonzalez Law, P.A. Our lead attorney is a former Miami-Dade prosecutor.

This page is general information, not legal advice for your case. Every case is different, and no result is promised.

Last reviewed: October 26, 2026. Reviewed by the attorneys of Dennis Gonzalez Law, P.A.