What Happens After a DUI Arrest in Broward County, Florida?

A DUI (Driving Under the Influence) arrest in Broward County, Florida sets off a specific legal process that unfolds quickly — often within hours. Understanding exactly what happens at each stage, and what your rights are, can significantly affect the outcome of your case. Stewart Valencia P.A. is a Fort Lauderdale criminal defense law firm representing DUI defendants throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia has 28+ years of DUI and criminal defense experience and has tried 100+ cases to verdict. Call (954) 924-0200 immediately after an arrest.

Step-by-Step: What Happens After a DUI Arrest in Broward County

1. The Traffic Stop and Field Sobriety Testing

A DUI arrest typically begins with a traffic stop. An officer may stop you for a traffic violation, a checkpoint, or erratic driving. The officer will observe your behavior, speech, and appearance. If they suspect impairment, they may ask you to perform field sobriety tests (FSTs) — such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test. You are not legally required to perform FSTs in Florida, but refusal may still be noted in the police report.

2. Breathalyzer or Blood Test

Under Florida's implied consent law (F.S. §316.1932), by driving on Florida roads you consent to a breath, blood, or urine test if lawfully arrested for DUI. A first refusal results in a one-year license suspension. A second refusal is a first-degree misdemeanor. The legal limit is 0.08 BAC for drivers 21 and over, 0.04 for commercial drivers, and 0.02 for drivers under 21.

3. Arrest and Booking at Broward County Jail

If arrested, you will typically be taken to the Broward County Main Jail (Central Intake) at 555 SE 1st Avenue, Fort Lauderdale. You will be photographed, fingerprinted, and processed. First-time DUI offenders may be released after 8 hours (when BAC falls below 0.05) or upon posting bail.

4. The DHSMV 10-Day Rule — Critical Deadline

This is one of the most important things to know: after a DUI arrest in Florida, you have ONLY 10 DAYS to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge your license suspension. Miss this window and your driving privilege is automatically suspended. Your attorney can handle this request on your behalf — call immediately after arrest.

5. First Appearance and Bond Hearing

Within 24 hours of arrest, you will appear before a Broward County judge (typically via video at the jail) for a first appearance hearing. The judge will review the arrest, inform you of the charges, and set bond conditions. Having an attorney present at this stage can significantly influence the bond amount and conditions.

6. Arraignment and Entering a Plea

At arraignment (usually 2–4 weeks after arrest), you will be formally charged and enter a plea. Do not plead guilty at arraignment without first consulting an attorney. An experienced DUI defense attorney will review all evidence — dashcam video, breathalyzer calibration records, officer reports — to identify weaknesses in the prosecution's case before any plea is entered.

7. DUI Penalties in Florida (First Offense)

A first-offense DUI in Florida can result in: up to 6 months in jail (or 9 months if BAC ≥ 0.15 or minor in vehicle), fines of $500–$2,000, license revocation for 180 days to 1 year, 50 hours of community service, DUI school, probation, and vehicle impoundment. Enhanced penalties apply for aggravated DUI, repeat offenses, accidents with injuries, or DUI manslaughter.

8. What to Do Immediately After a DUI Arrest

Do not answer questions beyond providing your name and ID. Do not discuss the arrest on social media. Write down everything you remember about the stop as soon as possible. Contact a DUI defense attorney immediately — the 10-day DHSMV deadline begins at arrest. Stewart Valencia P.A. can be reached 24/7 at (954) 924-0200 or (305) 792-8580.

Why the Right Attorney Matters in a Broward County DUI Case

DUI cases are defensible. Breath test results can be challenged based on device calibration, administration errors, and medical conditions. Field sobriety tests can be challenged based on road conditions, lighting, or officer error. Traffic stop legality can be challenged if the stop lacked probable cause. Attorney Stewart Valencia has 28+ years of criminal litigation experience in Broward County courts and has tried more than 100 cases to verdict. Call (954) 924-0200 for a consultation.