The night of a DUI arrest is a blur for most people. The days after it are what decide how much damage the case does. In Florida, some of the most important deadlines in a DUI case come and go before your first court date—and the biggest one expires just 10 days after the arrest. Here is what to focus on, step by step.

Understand That Two Cases Started the Moment You Were Arrested

A Florida DUI arrest sets off two separate proceedings. The first is the criminal case—the one with a courtroom, a prosecutor, and penalties under Florida Statute 316.193. The second is an administrative case against your driver’s license, run by the Department of Highway Safety and Motor Vehicles (FLHSMV). The administrative case moves much faster, and it does not wait for the criminal case to play out.

If you blew over .08 or refused the breath test, your license was suspended on the spot. The DUI citation you were handed doubles as a temporary permit—but only for 10 days.

Days 1–10: Your License Is on a Timer

Within 10 calendar days of the arrest, you (or an attorney acting for you) must contact the FLHSMV to either request a formal review hearing challenging the suspension or, for most first-time offenders, apply for a hardship license that lets you keep driving to work and school. Do nothing, and when the 10 days run out, the suspension takes full effect—and you lose the chance to contest it.

This is the single most time-sensitive decision in the case, and it is the one most people miss because they are waiting for their court date. Do not wait.

Write Down Everything While It Is Fresh

Memory fades fast, and details win DUI cases. As soon as you can, write down everything you remember: where you were coming from, what you ate and drank and when, the reason the officer gave for stopping you, what was said, where the roadside exercises happened (gravel? slope? headlights in your eyes?), and how long you waited before any breath test. Save receipts, texts, and rideshare records from that night. Small details—like acid reflux, a knee injury, or uneven pavement—can matter more than you would think.

Stay Quiet, Online and Off

Do not discuss the arrest with anyone but your lawyer. That includes coworkers, extended family, and especially social media. Prosecutors and insurance companies do look, and a single photo or comment from that night can undo a good defense. Do not delete anything either—just stop posting.

Identify Witnesses and Preserve Evidence

If anyone was with you that night—at dinner, at the scene, in the car—get their names and contact information now, while they still remember. If a business or intersection may have cameras, note it; most surveillance footage is overwritten within days or weeks. Your attorney can send preservation requests, but only if you move quickly.

Talk to a DUI Lawyer Before Your First Court Date

Your arraignment will usually be scheduled within a few weeks. The time before it is when a defense takes shape: reviewing the stop, the roadside exercises, the breath test records, and the officer’s reports for problems. It is also when an experienced lawyer can sometimes negotiate a reduction—like reckless driving—before a case hardens. A DUI arrest is not a DUI conviction, and Florida DUI cases are more defensible than most people believe.

What Not to Do

• Do not drive on a suspended license. A new charge makes everything worse.
• Do not miss the 10-day window. It will not be extended because you didn’t know about it.
• Do not plead guilty at arraignment just to “get it over with.” A DUI conviction in Florida can never be sealed or expunged.
• Do not assume the case is hopeless because you failed a breath test. Machines, maintenance records, and procedures fail too.

The Bottom Line

The first 10 days after a Florida DUI arrest decide whether you keep driving and set the tone for the entire case. Act on the license deadline, write everything down, stay quiet, and get an experienced criminal defense lawyer involved early.

If you or a loved one has been arrested for DUI in Ft. Lauderdale, Broward County or Miami, Miami-Dade County, Bozanic Law can help. Attorney Zeljka Bozanic is a former prosecutor and Board Certified criminal trial lawyer. No panic—call Bozanic. Free consultation, available 24/7.