A DUI arrest can happen fast and feel overwhelming. One moment you are driving home; the next you are in handcuffs, your car is being towed, and you are trying to remember what the officer said. In Florida, an arrest for driving under the influence sets two separate clocks running at once — a criminal case in court and an administrative case against your driver license — and what you do in the first days can shape both. This guide walks through the practical steps to take. It is general information, not legal advice about your particular situation.
1. Stay calm and protect your rights
However the stop unfolded, be polite and avoid arguing with officers. You have the right to remain silent, and you generally do not have to answer questions beyond identifying yourself. Politely stating that you want to speak with a lawyer — and then actually staying quiet — is almost always wiser than trying to talk your way out of the situation. Well-meaning explanations are easy to misremember and can be used against you later.
2. Write down everything you remember
As soon as you are able, write down every detail you can recall while it is fresh: the time and location of the stop, why the officer said they pulled you over, what tests you were asked to perform, what you had to eat or drink and when, any medical conditions, and how you were treated. These notes can be valuable later when your attorney reviews how the stop and testing were handled.
3. Understand the two cases against you
This is the part many people miss. A Florida DUI arrest typically triggers:
- A criminal case. The State must prove the charge in county or circuit court under Fla. Stat. §316.193. Penalties can include fines, probation, DUI school, an ignition-interlock device, license consequences, and the possibility of jail — particularly for repeat offenses or aggravating factors.
- An administrative license case. Separately, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) can suspend your driver license over the same arrest. This proceeding has its own rules, its own deadline, and runs independently of the criminal court case.
4. Note the roughly 10-day license window
This is the most time-sensitive step. In Florida you generally have only about 10 days from the date of your arrest to request a formal review hearing with the DHSMV to contest the administrative suspension of your license. Miss that window, and you can lose the chance to challenge the suspension and to seek driving privileges while your case proceeds. Because the deadline is so short, it is important to act quickly rather than waiting for your first court date, which may be weeks away. If you have questions about how this deadline applies to you, speak with an attorney as soon as possible.
5. Preserve any evidence
Keep anything connected to the arrest: your copy of the citation and any paperwork you were given, receipts that establish a timeline, the names and numbers of any witnesses, and photographs of the location if relevant. If your car was towed, hold on to the impound paperwork. These details can help reconstruct what actually happened.
6. Be careful what you share — including online
Avoid discussing the details of your case with friends, co-workers, or on social media. Posts, texts, and offhand comments can surface later. The same caution applies to jail phone calls, which are often recorded. Save the details for a confidential conversation with your lawyer.
7. Talk to a criminal defense attorney early
Because of the tight license deadline and the way evidence is gathered in the first days, getting counsel involved early often gives you the most options. An attorney can review whether the stop was lawful, how the field sobriety exercises were administered, and whether the breath or blood testing followed proper procedures. You can read more about how these cases are defended on our DUI & DWI Defense page.
What not to do
- Do not assume the charge will simply go away if you ignore it.
- Do not miss the administrative license deadline.
- Do not volunteer statements to investigators without counsel.
- Do not drive on a suspended license — that can create a new, separate charge.
Take the next step
If you or someone you love has been arrested for DUI in Miami-Dade or Broward County, the sooner you have counsel, the more options you are likely to have. Your initial consultation is free and confidential, and our phones are answered 24/7. Request a consultation.
This article provides general information about what to do after a DUI arrest in Florida and is not legal advice. Laws change and every case is different. Reading this article or contacting the firm does not create an attorney-client relationship. Please consult a licensed attorney about your specific situation.