The Florida DUI court process moves through six main stages: arraignment, discovery, pretrial conferences, pretrial motions, trial, and sentencing. Most first offense cases are heard in county court and take several months to a year to resolve. Many end with a plea before trial. Knowing each step helps you protect your rights and your license.
Your criminal case is only half the picture. The license suspension runs on a separate track with its own 10 day deadline. At Boca Bay DUI Program Inc., we meet drivers at every stage of this process, and DUI school is one of the conditions nearly every case shares. This guide explains what happens from your first court date to your sentence.
Florida DUI Court Process Timeline
| Stage | Typical Timing | What Happens |
|---|---|---|
| First appearance | Within 24 hours of arrest, if you are held | A judge reviews the arrest and sets bond and release conditions |
| Administrative review deadline | Within 10 days of arrest | You request a review or waiver of your license suspension with FLHSMV |
| Arraignment | Often a few weeks after arrest | You enter a plea of guilty, not guilty, or no contest |
| Discovery | Begins after arraignment | Your defense receives the State’s evidence |
| Pretrial conferences | Every few weeks to months | The case is reviewed, and plea offers are discussed |
| Pretrial motions | Before trial | The judge rules on motions to suppress or dismiss |
| Trial | If no plea is reached | A jury of six decides guilt or innocence |
| Sentencing | Often the same day as a plea or verdict | The judge imposes fines, probation, DUI school, and other penalties |
Timelines vary by county and by case. A felony DUI moves to circuit court and usually takes longer.
Before Court: Arrest, Booking, and First Appearance
After a DUI arrest, you cannot be released right away. Under section 316.193(9), you must stay in custody until one of three things happens. You are no longer impaired, your breath or blood alcohol level falls below 0.05, or 8 hours pass.
If you stay in jail, Florida Rule of Criminal Procedure 3.130 requires a first appearance before a judge within 24 hours. The judge reviews probable cause and sets bond. Release conditions may include no alcohol, no driving, or alcohol monitoring.
The 10 Day Deadline Outside the Courtroom
Your arrest also triggers an administrative license suspension through FLHSMV. This process is separate from the criminal court. You have 10 days from the arrest to request a formal review or ask for a waiver hearing.
| Track | Who Handles It | What Is at Stake |
|---|---|---|
| Criminal case | County or circuit court | Conviction, jail, fines, probation, and court ordered license revocation |
| Administrative suspension | FLHSMV Bureau of Administrative Reviews | Your driving privilege while the criminal case is pending |
Refusing a breath test brings a longer suspension and fewer hardship options. Our guide to Florida breath test refusal covers those rules in detail.
Step 1: The DUI Arraignment
The arraignment is your first formal court date if you bonded out. The judge or clerk reads the DUI charge, and you enter a plea. The hearing is usually short.
| Plea | What It Means |
|---|---|
| Not guilty | You deny the charge, and the case moves forward to discovery |
| Guilty | You admit the charge, and sentencing often happens right away |
| No contest | You do not admit guilt but accept the penalty, with the same result as a guilty plea for sentencing |
Most defense attorneys advise a not guilty plea at this stage. It keeps your options open while your lawyer reviews the evidence. Under Rule 3.160, a lawyer can often file a written not guilty plea so you may not need to appear.
At or before the arraignment, the clerk must tell you that a DUI conviction will lead to a license suspension or revocation. This notice comes from section 316.193(8). Missing your arraignment is serious, because the judge can issue a warrant for your arrest.
Step 2: Discovery
Discovery is the stage where your defense sees the State’s evidence. Florida Rule of Criminal Procedure 3.220 controls this exchange. In a DUI case, discovery often includes:
- The arrest report and probable cause affidavit
- Dash camera, body camera, and jail video
- Breath test results and breath machine maintenance records
- Field sobriety exercise notes
- Blood or urine lab reports
- Witness lists and 911 recordings
Your attorney may also take depositions of the officers. This is where weak points in the stop, the arrest, or the testing often show up.
Step 3: Pretrial Conferences and Plea Negotiations
Pretrial conferences keep the case on schedule. At each one, the judge asks whether the case is moving toward a plea, a motion hearing, or trial. With a written waiver, your attorney may attend for you.
This stage is also when most plea talks happen. Common outcomes include:
- A plea to DUI with the standard sentence
- A reduction to reckless driving, which often still requires DUI school
- A diversion program, offered in some counties to first time offenders
- A dismissal, when the evidence cannot support the charge
Diversion rules differ by county. If your case is local, read our guide to the Palm Beach County DUI diversion program to see who qualifies.
Step 4: Pretrial Motions
Pretrial motions ask the judge to rule on legal problems before trial. The most common is a motion to suppress evidence. It argues that police broke the rules in a way that should keep evidence out of court.
Common issues include:
- The officer lacked a lawful reason to stop your vehicle
- The officer lacked probable cause to arrest you
- The breath test machine was not properly maintained
- Your statements were taken in violation of your rights
If a key piece of evidence is suppressed, the State may reduce or drop the charge. To learn how prosecutors frame DUI charges in the first place, read our guide to DUI charges in Florida.
Step 5: The DUI Trial
If no plea is reached, the case goes to trial. A misdemeanor DUI is tried in county court before a jury of six. The State must prove your guilt beyond a reasonable doubt.
Under section 316.193(1), prosecutors can prove DUI in two ways. They can show your normal faculties were impaired by alcohol or drugs. Or they can show a breath or blood alcohol level of 0.08 or higher. A trial often lasts one or two days.
Florida’s Speedy Trial Rule After the 2025 Change
Florida changed its speedy trial rule on July 1, 2025. The clock now starts when formal charges are filed, not at arrest. The State has 90 days to bring a misdemeanor to trial and 175 days for a felony.
The rule is not automatic. Your attorney must file a notice when the time runs out. The State then gets a 30 day recapture period to start the trial. Delays you request, such as continuances, usually pause or waive the clock.
Step 6: DUI Sentencing in Florida
In many DUI cases, sentencing happens right after a plea. After a trial verdict, the judge may set a separate hearing. Many penalties under section 316.193 are mandatory, so the judge has limited room to go lower.
First DUI Sentence
| Penalty | Standard First DUI | BAC of 0.15 or Higher, or a Minor in the Car |
|---|---|---|
| Fine | $500 to $1,000 | $1,000 to $2,000 |
| Jail | Up to 6 months | Up to 9 months |
| Probation | Up to 1 year, with jail and probation not over 1 year total | Same |
| Community service | 50 hours minimum | 50 hours minimum |
| Vehicle impoundment | 10 days | 10 days |
| DUI school | Level 1 course with evaluation | Level 1 course with evaluation |
| License revocation | 180 days to 1 year | 180 days to 1 year |
| Ignition interlock | Possible, at the judge’s discretion | At least 6 months |
The judge may allow $10 per hour of community service instead of the hours, but only after finding undue hardship. Our guide to a first time DUI in Florida covers each penalty in more depth.
Repeat DUI Sentences
| Offense | Mandatory Jail | Impoundment | License Revocation | Ignition Interlock |
|---|---|---|---|---|
| Second DUI within 5 years | 10 days, with 48 hours in a row | 30 days | At least 5 years | At least 1 year |
| Third DUI within 10 years (felony) | 30 days, with 48 hours in a row | 90 days | At least 10 years | At least 2 years |
| Fourth DUI (felony) | 30 days if within 10 years of a prior, with up to 5 years in prison | 90 days if within 10 years of a prior | Permanent | At least 2 years |
A third DUI within 10 years and any fourth DUI are third degree felonies. These cases are heard in circuit court. Read more in our guide on whether a DUI is a felony in Florida.
How Long Does a DUI Case Take in Florida?
A simple first DUI that ends in a plea can wrap up in a few months. A case with motion hearings or a trial often takes 6 to 12 months. Felony cases and crowded court calendars can push a case past a year.
While you wait, you can still act. Many drivers enroll in DUI school early so they can apply for a hardship license sooner. Ask your attorney before you enroll.
Tips for Every DUI Court Date
Small mistakes can hurt your case or your license. These habits help:
- Never miss a court date. A missed date can lead to a warrant and a new charge.
- Arrive early and dress neatly. Judges notice how you present yourself.
- Do not talk about your case in the hallway. Officers and prosecutors may hear you.
- Follow every release condition. A new arrest or positive test can cost you your bond.
- Keep copies of everything. Save receipts for fines, school enrollment, and community service.
- Start DUI school early when your lawyer agrees. It can speed up a hardship license and show the judge you are taking the case seriously.
Frequently Asked Questions
Do I have to attend my DUI arraignment in Florida?
Not always. If you hire an attorney, they can often file a written plea of not guilty and waive your appearance. Without a lawyer, you must appear in person or risk a warrant.
Can a DUI be reduced to reckless driving in Florida?
Yes, in some cases. Prosecutors may offer a reckless driving plea when the evidence has weak points. The reduced charge often still requires DUI school and probation.
Is a first DUI a misdemeanor in Florida?
Yes. A first DUI is a misdemeanor unless it causes serious bodily injury or death. A third DUI within 10 years and any fourth DUI are felonies.
What is the difference between the court case and the license suspension?
The court case decides guilt and criminal penalties. The administrative suspension is handled by FLHSMV and starts at arrest. You have only 10 days to request a review of that suspension.
What happens if I miss a DUI court date?
The judge can issue a bench warrant for your arrest. You may also lose your bond. Call your attorney or the clerk right away to reset the date.
Can I take DUI school before my case is over?
Yes. Many drivers enroll early, and completion is often needed for a hardship license. Talk with your attorney first so the timing fits your defense plan.
Start DUI School With Boca Bay DUI Program Inc.
Nearly every Florida DUI case ends with a DUI school requirement. Boca Bay DUI Program Inc. offers state approved Level 1 and Level 2 DUI courses with a private one hour evaluation. Our weekend schedule helps you finish without missing work.
View class schedules or contact us at 954-449-4762 to enroll today.
