Flashing lights in your rearview mirror, the walk to a patrol car, and the uncertainty of what comes next can make a DUI arrest feel overwhelming. If you or someone you love has just been arrested for DUI in Broward County, Fort Lauderdale, Plantation, or anywhere else in South Florida, understanding exactly what happens next can help you make clearer decisions during an overwhelming time.
Novo Law’s criminal defense attorneys represent clients throughout Broward County facing DUI charges, in both English and Spanish. Call us today at (954) 822-5198 to discuss your situation.
Florida DUI law is not limited to alcohol. A person may be charged based on alleged impairment from alcohol, certain chemical substances, or controlled substances. A DUI charge may also be based on a blood-alcohol level of 0.08% or higher or a breath-alcohol level of 0.08% or higher.
Florida’s DUI Standard: Impairment or a BAC of 0.08% or Higher
Florida law recognizes DUI based on impairment of a person’s normal faculties, meaning the ability to see, hear, walk, talk, and generally perform the tasks required to drive safely, as well as based on a blood or breath alcohol concentration of 0.08% or higher.
This means a person can potentially face DUI charges even with a BAC below 0.08% if an officer and prosecutor believe evidence shows impairment affecting a driver’s normal faculties.
What Happens if You Are Under 21 and Accused of DUI in Florida?
Florida’s zero-tolerance law allows an administrative license suspension when a driver under 21 has a blood- or breath-alcohol level of 0.02% or higher. For a first administrative suspension, the suspension period is generally six months; a second offense generally results in a one-year suspension.
That administrative process is distinct from a criminal DUI charge. A criminal DUI allegation generally still requires proof that the driver’s normal faculties were impaired or that the driver had a blood- or breath-alcohol level of 0.08% or higher.
What Happens Immediately After a DUI Arrest in Florida?
The hours and days immediately following a DUI arrest set the stage for everything that follows, both in the criminal case and in a separate process affecting your driving privileges.
Arrest, Booking, and Release Conditions
After a DUI arrest, law enforcement may transport you for booking. Under Florida law, a person arrested for DUI generally cannot be released until they are no longer impaired, their blood- or breath-alcohol level is below 0.05%, or eight hours have passed since the arrest. Bond and other release conditions may also apply.
Your Driver’s License May Be at Risk Before Court
Separate from the criminal case, an arrest involving a blood- or breath-alcohol level of 0.08% or higher, or a refusal to submit to a requested chemical test, can trigger an administrative driver’s license suspension.
Drivers generally have 10 days from the date the notice of suspension is issued to request a formal or informal review with the Florida Department of Highway Safety and Motor Vehicles. Because the deadline and available options can depend on the paperwork and circumstances of the arrest, it is important to have the notice reviewed promptly.
Do not let this 10-day window pass without action. Call Novo Law at (954) 822-5198 as soon as possible after your arrest to discuss your options.
Florida DUI Penalties for a First Offense
Even a first DUI conviction can carry serious legal, financial, and licensing consequences.
First DUI With a BAC Below 0.15%
A first-time DUI conviction in Florida generally carries fines, potential jail time, mandatory DUI school, probation, and license suspension, with the specific penalties varying depending on the facts of the case.
Enhanced Penalties for a High BAC or a Minor Passenger
Penalties increase when a driver’s BAC is 0.15% or higher, or when a minor under 18 was present in the vehicle at the time of the offense, both of which Florida law treats as aggravating factors that can result in harsher fines and penalties even for a first offense.
Other Consequences of a DUI Conviction
Beyond the direct criminal penalties, a DUI conviction can carry lasting consequences, including a criminal record, increased auto insurance premiums, and potential complications for certain types of employment or professional licensing.
Florida DUI Penalty Chart: Repeat and Felony DUI Charges
Offense
Potential Jail Time
License Revocation
Other Notes
First DUI
Up to 6 months (up to 9 months with high BAC)
Minimum 180 days
Mandatory DUI school, probation possible
Second DUI
Up to 9 months (up to 12 months with high BAC)
Minimum 5 years
Mandatory jail time if within 5 years of the prior conviction
Third DUI
Up to 12 months, or felony penalties if within 10 years of prior conviction
Minimum 10 years
Can be charged as a third-degree felony
Fourth or Subsequent DUI
Felony penalties
Permanent revocation
Charged as a third-degree felony regardless of timing
DUI With Serious Injury
Felony penalties
Varies
Can be charged as a third-degree felony
DUI Manslaughter
Felony penalties, including significant prison time
Permanent revocation
Second-degree or first-degree felony depending on circumstances
This chart reflects general penalty ranges only. Actual penalties can vary significantly depending on prior convictions, BAC level, whether a minor passenger was present, whether the DUI involved injury or death, whether a chemical test was refused, and other case-specific circumstances.
A lawyer can review your charge history, arrest paperwork, test results, and other case-specific facts to explain the penalties and licensing consequences that may apply.
Second and Third DUI Convictions
Second and third DUI convictions carry progressively more severe penalties, including longer license revocation periods, potential mandatory jail time, and, depending on timing, the possibility of felony charges for a third offense committed within 10 years of a prior conviction.
When Does a DUI Become a Felony in Florida?
A DUI can become a felony in Florida under several circumstances, including:
A fourth or subsequent DUI conviction regardless of timing
A third DUI conviction within 10 years of a prior conviction
A DUI resulting in serious bodily injury to another person
A DUI (even a first offense) resulting in death, which can lead to DUI manslaughter charges carrying some of the most severe penalties under Florida law
Can You Fight DUI Charges in Florida?
Yes, a DUI charge can potentially be challenged, and every case deserves a careful, independent review before assuming a particular outcome is inevitable.
Potential Issues a DUI Defense Attorney May Review
An attorney can review whether the traffic stop had a valid legal basis, whether field sobriety tests were properly administered, whether breath or blood testing followed required calibration and procedural standards, and whether your constitutional rights were respected throughout the arrest and investigation. Weaknesses in any of these areas can potentially affect the strength of the case against you.
A prompt legal review can help protect administrative deadlines and preserve evidence while the details of the arrest are still available. If you are facing DUI charges anywhere in Broward, Miami-Dade, or Palm Beach County, call Novo Law at (954) 822-5198.
What Should You Do After a DUI Arrest?
After a DUI arrest, taking the right steps early can protect both your license and your case:
Note the exact date and time of your arrest, since this affects your 10-day window to request an administrative hearing.
Avoid discussing the details of your case with anyone other than your attorney.
Gather any documentation from your arrest, including paperwork provided by the arresting officer.
Call Novo Law at (954) 822-5198 promptly rather than waiting to see how the situation unfolds on its own.
Taking these steps promptly can help preserve important information, protect deadlines, and give your attorney more time to evaluate the case.
Speak With a Florida DUI Defense Attorney at Novo Law Today
At Novo Law, we believe everyone deserves experienced legal representation when facing life’s most difficult challenges, and few things feel more overwhelming than a DUI arrest. Attorney Gabriela C. Novo combines over 20 years of legal experience with the unique perspective of a former Assistant State Attorney, giving her firsthand insight into how these cases are built and prosecuted throughout Broward County, including Plantation and Fort Lauderdale, as well as Miami-Dade and Palm Beach County.
We understand that a criminal conviction can affect far more than a single court date. It can impact your freedom, your career, your finances, and your reputation for years to come. Our mission is to guide clients through these difficult moments with experienced legal counsel and genuine compassionate support, giving every case the personal attention, thorough preparation, and tailored strategy it deserves.
We provide personalized, bilingual representation in English and Spanish, because every client deserves to feel informed, supported, and prepared, not left guessing about what comes next.
If you have been arrested for DUI in South Florida, do not wait to get legal guidance. Contact Novo Law at (954) 822-5198 for a consultation.
Feel free to reach out and speak with our experienced team of professionals who are here to provide you with legal guidance.
When you choose our firm, you work directly with your attorney. You'll get clear answers, personalized guidance, and a dedicated legal team committed to fighting for the best possible outcome for your case.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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