What to Do Immediately After a DUI Arrest in Florida
If you’re arrested for DUI in South Florida, your next steps can determine the outcome of your case. In addition to facing criminal charges under Florida DUI laws, you also risk losing your license through an administrative suspension. The following guide explains what to do immediately — including how to protect your rights and increase your chances of a favorable resolution. For more on defense strategies, see our Fort Lauderdale DUI attorney page or our criminal defense practice area.
1. Stay Calm and Exercise Your Right to Remain Silent
During a DUI stop or after arrest, anything you say can be used against you. Politely provide your name and identification, but avoid making statements about alcohol consumption, driving patterns, or prior incidents. Florida law does not require you to answer incriminating questions, and you may refuse field sobriety tests without criminal penalty (though this could impact your license).
Key Tip: Clearly state, “I wish to remain silent and speak to my attorney.”
2. Request Your Administrative Hearing Within 10 Days
Florida’s 10-Day Rule means you have just 10 days from your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If you fail to act, your license will be automatically suspended — even if your criminal case is later dismissed.
| Step | Action | Why It Matters |
|---|---|---|
| 1 | Mark your arrest date | Day 1 of the 10-day period |
| 2 | Contact a DUI defense attorney | They will file the hearing request for you |
| 3 | Attend hearing or have attorney represent you | Opportunity to challenge suspension |
3. Document Everything Immediately
While the arrest is fresh in your mind, write down:
- Where and when the stop occurred
- What the officer said and did
- Whether you were read your Miranda rights
- Any witnesses present
This information can help your defense attorney identify procedural errors or rights violations.
4. Follow All Bail or Release Conditions
After booking, you may be released on bail or pretrial release. Strictly comply with any conditions, such as:
- No alcohol consumption
- Mandatory check-ins
- Travel restrictions
A violation could lead to re-arrest or negatively impact your case.
5. Contact an Experienced Florida DUI Attorney Immediately
DUI law in Florida is strict and carries severe penalties — even for first-time offenders. An attorney familiar with local courts, such as the Broward County Courthouse, can:
- Challenge the traffic stop or arrest procedure
- Review breath or blood test accuracy
- Negotiate for reduced charges or dismissal
Relevant Florida DUI Penalties Overview
| Offense | Fines | Jail Time | License Suspension |
|---|---|---|---|
| First DUI | $500–$1,000 | Up to 6 months | 180 days – 1 year |
| Second DUI | $1,000–$2,000 | Up to 9 months | Up to 5 years (with prior within 5 years) |
| Third DUI (within 10 years) | $2,000+ | Up to 12 months (felony if within 10 years) | Up to 10 years |
FAQ – DUI Arrests in Florida
Q1: Can I refuse a breath test in Florida?
Yes, but refusal triggers a 1-year license suspension under Florida’s implied consent law.
Q2: Will a DUI arrest appear on my record if charges are dropped?
Yes, an arrest record exists unless you seek to have it sealed or expunged.
Q3: How soon should I hire a DUI lawyer?
Immediately — early intervention can impact both your license status and criminal charges.
Q4: Can I get a hardship license after a DUI arrest?
Yes, in many cases you can apply for a hardship license to drive for work or essential needs, but you must meet eligibility requirements.
If you’ve been charged with DUI in South Florida, act immediately. Contact Mayersohn Law Group today to discuss your case and protect your future.
