What to Do Immediately After a DUI Arrest in Florida

Getting arrested for DUI in Florida is a stressful, disorienting experience — but what you do in the hours and days immediately following the arrest can have a major impact on the outcome of your case. Here's what you need to know.

The 10-Day Rule: Your Most Important Deadline

When you are arrested for DUI in Florida, law enforcement will confiscate your driver's license on the spot and issue you a temporary driving permit. That permit is only valid for 10 days.

Within those 10 days, you or your attorney must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you miss this window, your license is automatically suspended — no hearing, no second chance.

This is the single most time-sensitive thing you need to act on after a DUI arrest. Contact a DUI attorney the same day if at all possible.

What You Should Do Right Away

• Stay calm and comply with the officers' physical commands. You are required to identify yourself, but you are not required to answer questions about where you were drinking, how much you had, or where you were going.
• Invoke your right to remain silent. Politely but clearly say: "I am invoking my right to remain silent and I want to speak with an attorney." Do not try to explain yourself — anything you say will be used against you.
• Write down everything you remember — the time of the stop, what the officer said, the conditions, whether you were read your rights — as soon as you are able. Memory fades quickly and these details matter in court.
• Contact a DUI defense attorney before your 10 days are up. An experienced attorney can request the DHSMV hearing and begin building your defense immediately.

Should You Refuse the Breathalyzer?

This is one of the most common questions after a DUI stop. In Florida, refusing a breathalyzer test results in an automatic one-year license suspension for a first refusal — and a second refusal is a misdemeanor crime. The refusal can also be used as evidence against you at trial.

However, a breath test result above 0.08 also creates significant evidence for the prosecution. There is no universally right answer — it depends on your specific situation. What matters most is speaking with an attorney as quickly as possible so you understand your options before making statements or decisions that could hurt your case.

What NOT to Do

• Do not post anything on social media about the arrest, where you were, or what you were doing. Prosecutors look.
• Do not talk to the police without an attorney present. Even if you think you can explain your way out of it, you cannot — and your statements will be used against you.
• Do not ignore the 10-day deadline thinking the case will go away or you can handle it later. It will not go away, and the license suspension becomes permanent if you miss it.
• Do not drive on a suspended license. Driving with a suspended license after a DUI arrest can result in additional criminal charges.

What Happens Next

After the arrest, you will go through booking and may be held overnight or until bond is posted. Within 24 hours (typically), you will be brought before a judge for a first appearance where bond is set. From there, the state attorney's office will review the evidence and decide whether to file charges.

Having an attorney involved early — before the state attorney has finalized charges — gives your lawyer the opportunity to identify weaknesses in the case, challenge the legality of the traffic stop, and potentially negotiate before charges are even formally filed.

Talk to a DUI Attorney Today

At Warrior Law LLC, Attorney Michael P. Gilbert handles DUI defense cases across Okaloosa, Escambia, Santa Rosa, and Walton counties. If you or someone you love has been arrested for DUI in Northwest Florida, do not wait. Contact us today for a free, confidential consultation — the clock is already running.