What should I do in the first week after a Florida DUI arrest?

The week after a DUI arrest is short, and two separate clocks are running: the driver license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), and the criminal case in county court. This checklist puts the steps in order for a driver arrested in Palm Beach or Broward County. The full sequence from arrest to arraignment is on our page about what happens after a DUI arrest in Florida; for Mr. Mead's approach to the defense, see the main DUI defense page.

How does the first week unfold, step by step?

1. Release. The person leaves custody once no longer impaired, below 0.05, or after 8 hours (s. 316.193(9)), and after posting any bond or seeing a judge at first appearance.
2. Read the papers. The citation, the notice of suspension, any test printout and the bond paperwork tell you the charge, the suspension reason, the court date and any release conditions.
3. Find the car. If it was towed, the storage bill grows each day; the steps are on our page about what happens to your car after a Florida DUI.
4. Make the license decision. Formal review, informal review or restricted license, filed by day 10.
5. Prepare for court. Confirm the courthouse and date, and whether a lawyer can file a written not guilty plea for you.
6. Start what you can. Enrolling in DUI school is required for a restricted license, and early steps matter in the Palm Beach first-time program.

Bond and the first appearance are explained on our page about how bond is set after an arrest in Florida.

What needs to happen on which day?

How do I decide what to file within the 10 days?

There are three paths. A formal review is a hearing where witnesses can be questioned; an informal review is decided on documents; and a first-time driver who qualifies can instead take a business-purposes-only license for the whole suspension, which waives both reviews. Each path is explained on our page about keeping your license within 10 days of a DUI arrest. What happens at a hearing is on our page about the DUI formal review hearing. Both forms carry a $25.00 filing fee. FLHSMV's location pages for Palm Beach and Broward counties list the Bureau of Administrative Reviews office at 3718-3 W. Oakland Park Blvd., Lauderdale Lakes, and say the forms can be submitted by email.

If you will need to drive for work, look at timing before day 10. A driver whose suspension is later upheld waits 30 days after the last temporary permit expired for an alcohol-level suspension, or 90 days for a refusal, before a hardship license is possible (s. 322.2615(10)). Our page on a hardship license after a Florida DUI covers who qualifies.

What should I bring to a first meeting with a lawyer?

• The DUI citation and any other tickets written that night.
• The notice of suspension and the temporary permit.
• Any breath test printout or result you were given.
• Bond and release paperwork, including any conditions the judge set.
• Any tow, impound or vehicle release receipt.
• Any court notice or notice to appear, and anything that lists a court date.
• A short written timeline of the evening, made while your memory is fresh, for your lawyer only.
• Details of any earlier DUI arrest or conviction, in Florida or elsewhere, because out-of-state convictions count as prior convictions in Florida (s. 322.28(2)(a); s. 322.271(7)(a)).

Where will my first court date be?

Your paperwork controls, but the local rules explain where cases go. In Palm Beach County, Administrative Order 4.603 of the Fifteenth Judicial Circuit, signed November 27, 2023, divides the county criminal court into four regions:

The State Attorney's South County office says misdemeanor, criminal traffic and DUI arraignments are held weekly at the South County Courthouse; what to expect there is on our page about the South County Courthouse in Delray Beach. In Broward County, the Seventeenth Judicial Circuit says its County Court Criminal Division handles DUI as a criminal traffic matter, with county criminal judges at the Central Courthouse, 201 SE 6th Street, Fort Lauderdale, and at satellite courthouses in Hollywood, Plantation and Deerfield Beach. A lawyer may be able to file a written plea of not guilty so that you do not have to attend arraignment, which we explain on our page about whether you have to go to arraignment in Florida.

Does anything in the first week affect the Palm Beach first-time program?

It can. The Palm Beach County State Attorney's program sheet says the plea "must be entered at the Arraignment stage of the case" and adds: "This plea resolution must be entered prior to the filing of any defense motions, demands for discovery, or demands for jury trial." The same sheet says eligibility "is determined at the sole discretion of the D.U.I. filing unit." Whether the program is open to you, or a good choice for you, is something to decide with a lawyer early, before anything is filed. The terms are on our page about the Palm Beach County first-time DUI program.

Where do I take DUI school?

FLHSMV says a driver may attend only a licensed DUI program that serves the county where the driver lives, works or attends school, and its program list shows the Level I course is at least 12 hours of classroom instruction. For Palm Beach County, that list shows Pride Integrated Services and Metro Traffic School Palm Beach locations in West Palm Beach and Delray Beach; for Broward County, it shows Metro Traffic School, Boca Bay DUI Program and Broward Dade Safety Council locations, including Deerfield Beach, Fort Lauderdale and Lauderdale Lakes. Naming them is not a recommendation of one over another. Enrollment proof is needed for a restricted license, and a restricted license is cancelled if the school is not completed within 90 days of enrollment (form HSMV 72034). The full list of licensed locations and the course levels are on our page about DUI school in Palm Beach and Broward County.

What changes the answer?

• A refusal. The suspension is 1 year, a first refusal is itself a misdemeanor since October 1, 2025, and a hardship license waits 90 days if the suspension is upheld; see what happens if you refused the breath test.
• A blood test. The notice may come later from FLHSMV, and the 10 days run from that notice (s. 322.2615(3)).
• A prior suspension or DUI. The immediate restricted license is closed to anyone with a prior suspension under section 322.2615, a prior disqualification under section 322.64, or a prior DUI conviction, including one from another state (s. 322.271(7)).
• A license from another state. The same Florida deadlines apply; what follows at home is covered in what happens to an out-of-state driver after a Florida DUI.
• A felony charge. Serious injury, a death or a third conviction within 10 years moves the case to circuit court, and some felony charges require a judge to set bail before release (s. 903.011(6)).
• The county. Palm Beach has the first-time program with its arraignment-stage timing; Broward's programs are different.
• Another suspension already on the record. The temporary permit is issued only if the driver is otherwise eligible (s. 322.2615(1)(a)); a suspension for unpaid child support, for example, is handled separately, as our child support license page explains.

A worked example

For example, picture a hypothetical driver arrested on a Thursday night in Jupiter with a breath result of 0.10, released the next morning on bond. On Friday the driver reads the notice of suspension, dated Thursday, and writes down the Sunday 10 days later as day 10. Over the weekend the driver collects the citation, the breath printout, the bond receipt and the tow slip, and writes a private timeline of the evening. On Monday the driver meets a lawyer, who explains the trade-off between a formal review and the immediate restricted license. Because the driver needs to drive for work and has never had a suspension, the driver enrolls in a licensed DUI program and the request for eligibility review goes in by email with the $25.00 fee before day 10. AO 4.603 schedules Jupiter Police mandatory-hearing citations in the Northern Region, at the North County Courthouse, so the driver checks the court notice against it, and decides with counsel, before anything is filed, whether to seek the Palm Beach first-time program. This is a hypothetical walk-through, not a prediction.

Common mistakes people make

• Waiting for the court date to "deal with everything"; the license deadline comes first.
• Driving after the temporary permit expires, which can bring a separate criminal traffic charge of the kind covered on our criminal traffic citations page.
• Posting about the arrest online or discussing it by text.
• Leaving the car at the tow yard for weeks.
• Filing discovery demands or motions in Palm Beach before deciding on the first-time program.
• Missing the first court date, which can lead to a separate charge for failure to appear (s. 843.15).

If the arrest also brought charges other than DUI, the general steps are in the first week after a criminal charge in Florida.

What to do this week

1. Mark day 10 from the date on the notice of suspension.
2. Put every paper from the arrest in one folder.
3. Get the car back or find out what it will cost.
4. Meet a lawyer and choose the license path.
5. File the license form with the fee, and enroll in DUI school if needed.
6. Confirm your court date and courthouse.
7. Write your private timeline of the night.

Frequently asked questions

Do I need a lawyer in the first week?

No law requires one, but the first week holds the 10-day license deadline and, in Palm Beach County, timing rules for the first-time program. Decisions made that week can close options later.

Can I go to work the day after a DUI arrest?

Yes, if the officer issued a 10-day temporary permit because you were otherwise eligible to drive. It authorizes driving until midnight on day 10.

How much will the first week cost?

Expect the bond, any towing and storage, the $25.00 license filing fee and, if you enroll, the DUI school. Later costs are listed in how much a DUI costs in Florida beyond the fine.

Should I talk to the police or the insurance company?

At first appearance the judge advises that you are not required to say anything and that anything you say may be used against you (Fla. R. Crim. P. 3.130(b)). Speak with a lawyer before giving statements about the night.

What if my court date is in a different city from my arrest?

That is common. In Palm Beach County the court region depends on the arresting agency under AO 4.603; in Broward, cases go to the Central Courthouse or a satellite courthouse. Local details are on our Palm Beach County page and the Broward County page.

Is this my first step toward a conviction?

No. An arrest is an accusation. The penalties in our table of Florida DUI penalties apply only after a conviction.

How can Mr. Mead help this week?

The first week is when deadlines can be lost and evidence can still be preserved. Mr. Mead can review the notice and the reports, handle the 10-day filing, and plan the criminal case from the first court date. Every case is different, and no result can be promised. If you were arrested for DUI in Palm Beach or Broward County this week, call (561) 362-6677, 24 hours a day.

Request a Call Back