What happens after a DUI/DWI arrest in Florida?

  1. Motor Vehicle Hearing:
    To preserve your right to drive in Florida, you must request a hearing within 10 days after your license has been taken from you by an officer. This hearing is called the Formal Review.

    If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on about 30 days of driving, possibly more.

    If you lose at the hearing, you can not drive after the hearing. It is our opinion you should demand the officer's presence at the hearing. Crucial defenses can be developed at the hearing. It is necessary to make a hearing request at the Bureau of administrativer Review next to the Driver License office.

  2. Arraignment:
    This is the date on your ticket, about 30 to 60 days after your arrest. If you have an attorney, you do not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you.

  3. Suppression Hearing:
    The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occcurs anywhere 6 weeks to 3 months after the pre-trial conference.

  4. Trial:
    Almost always a trial to a jury of six. Trial must be held within six months after your plea.

  5. Sentencing:
    The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.

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