A first DUI arrest feels like the end of the world. It isn’t. It is a case with two separate tracks, and the clock on one of them starts the night you are arrested.
How long do I have to protect my license after a DUI arrest?
When you are arrested and either blow a 0.08 or higher or refuse the test, the officer takes your license and gives you a paper that works as a temporary permit for 10 days. You have 10 days to ask for a hearing to challenge the suspension. Miss that window and you lose the chance. This is separate from the criminal case, and most people never hear about it from the officer.
Is the criminal case separate from the license case?
The State has to prove you were driving or in actual physical control, and that either your normal faculties were impaired or your breath or blood alcohol was at least 0.08. Each piece can be tested. Was the traffic stop lawful? Did the officer have a real reason to ask you to step out and take field sobriety exercises, which are not a pass-or-fail science? Was the breath machine maintained and the test given correctly? Was there a 20-minute observation period? Medical conditions, fatigue, and shoes and road surface all affect those roadside exercises. Video from the body camera or dash camera often tells a different story than the report.
What can a first DUI conviction mean?
For a first offense, the law allows a fine, a short jail term, probation, community service, DUI school, and a court-ordered license revocation of at least six months. A breath or blood result of 0.15 or higher, or a minor in the car, means higher fines, more possible jail time and a required ignition interlock device. The court also orders your vehicle immobilized for 10 days. Many first offenders never see long jail time, but the license, the record, insurance costs and, for some people, a job or professional license are what hurt.
What do I do early in a first DUI case?
I get the video, the breath-test records and the officer’s training history. I deal with the 10-day license deadline right away. Then we talk honestly about your options: contest it, negotiate, or resolve it in a way that limits the damage. I will not promise an outcome, and you should be wary of anyone who does.
I handle DUI cases in Hillsborough, Pinellas and Pasco counties. If you were arrested, call me at (813) 228-6001 before you talk to anyone about the case.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
What should I bring to the consultation?
Bring whatever paperwork you have: the citation, the paper permit that replaced your license, any bond or release papers, and notices of court dates. If you don’t have them yet, call anyway and we will sort out what is missing.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 316.193 (DUI), 322.2615 (administrative suspension and 10-day review), 322.28 (court revocation).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: DUI defense, Second, Third and Felony DUI in Florida, Refusing a Breath or Blood Test in Florida, and what happens to your license after a DUI arrest.