What to do the Day After a DUI? 5 Steps to Take

Were you recently released after being charged with drunk driving in Tampa for the first time?

You may be unsure of what to do or ask. You might be worried about the potential consequences, which can include fines, jail, hours of community service, probation, driver’s license suspension, DUI school, and more. You also probably need to get your car out of impound and start to find a Tampa criminal defense attorney.

Here are five clear steps to take after a DUI arrest in Hillsborough County, FL, including calling Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800 for a free initial consultation.

Right Now: Critical Do’s and Don’ts After a DUI Arrest

Before you do anything else, follow these rules to protect your rights and preserve your defense options:

• Do not talk about the arrest on social media. Do not post anything about the DUI, the traffic stop, the officers, or the night’s events. Prosecutors and investigators routinely check social media accounts. A single post can be used against you in court.
• Write down everything you remember. As soon as possible, document every detail of the traffic stop and arrest: the time and location, the officer’s name and badge number, what was said to you, whether you were read your rights, what tests were administered, and the sequence of events. Memories fade quickly, so write it down now.
• Do not consent to any further testing without legal advice. If you are contacted by police for follow-up questioning or testing, decline and contact an attorney first.
• Preserve all receipts and evidence. Save any receipts from the night (restaurant, bar, gas station), rideshare records, text messages, and photos that establish your timeline. This evidence can support your defense.
• Do not discuss the details of your case with friends or family. Only conversations with your attorney are privileged. Anything you tell others can be subpoenaed and used against you.
• Call a Tampa DUI lawyer immediately. Contact a Tampa DUI defense attorney at (813) 258-4800. The sooner you have representation, the more your attorney can do, especially regarding the 10-day DHSMV deadline.

Step 1: Get Out of Jail

When you’re arrested for a DUI, three things influence how long you’ll stay in jail.

Florida Statute §316.193 says you can’t be released from custody until:

• You are no longer under the influence of alcohol or any chemical substances;
• Your blood or breath alcohol level is lower than 0.05; or
• Eight hours have passed since you were arrested.

You or your loved one might have to spend the night in jail or be released in a few hours. It depends on the circumstances and how fast you can pay bail.

If you have the means, the process of posting bail usually starts after the person being charged is booked. This entails entering their personal information, mug shot, and fingerprints into the system. If the individual can post bail right away, they’ll be released and given information on when to appear in court.

In Hillsborough County, the standard bond for non-felony DUIs is $500.

DUI First Appearance & Bail

If you or a loved one aren’t released after a few hours, then you’ll remain in jail until your first appearance. At the court hearing, the judge will decide whether you have to get the funds for bail or whether the jail can release you on your own recognizance.

You can obtain a bail bond from a private agency. For a small upfront fee and collateral, the agency will post your bail. Always pay close attention to the agency’s interest and fees, though.

Step 2: Review the Paperwork from the Police

If you’re released before your first appearance, the police will give you paperwork that specifies the time and place of your arraignment. You must appear at this time, though our firm can appear in court for you if you hire us to handle your defense.

Keep track of these documents, and show them to your attorney. They will have important details about your arrest, specific charges, and arresting officers.

Step 3: Determine Whether You Can Drive

If you refused to submit to a chemical test, or your BAC was above .08, then you will face an Administrative License Suspension from the Department of Highway Safety and Motor Vehicles. That suspension is a separate penalty and there is a process to challenge that suspension that is entirely separate and distinct from your criminal case.

For a first-time DUI, if you’re over the age of 21 with an alcohol level of .08 or above (or you’re under the age of 21 with an alcohol level of .02 or above), you get a 6-month suspension. If it’s your second time being over the legal limit, it’s a 1-year suspension.

If it’s your first time refusing a breath, urine, or blood test, you get a 1-year suspension. If it’s your second refusal, it’s an 18-month suspension.

In Florida, your ALS is effective immediately. The police will take your driver’s license and issue you a Florida Uniform DUI Citation that acts as a temporary, 10-day driving permit assuming you’re eligible. If you receive the permit, you can use it to drive for 10 days following the date of your arrest. Within that 10-day period, you must either challenge the ALS or apply for a hardship license if you have no other alcohol related suspensions on your driving history.

The ALS and Your Criminal Case Are Separate Proceedings

It is critical to understand that the Administrative License Suspension (ALS) and your criminal DUI case are two completely separate proceedings. The ALS is a civil penalty imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), not the criminal court. You can lose your license through the ALS even if you are never convicted of DUI.

The 10-day deadline to request a formal review hearing with the DHSMV is the most time-sensitive issue in your case. When you request the hearing, you also receive a temporary 42-day driving permit that keeps you on the road while the hearing is pending. At the hearing, your attorney challenges the officer’s probable cause, the validity of the traffic stop, and the testing procedures. Many ALS suspensions are overturned at this stage. Florida’s administrative license suspension process has strict deadlines that can affect your driving privileges.

What Are the Possible Outcomes of a DUI Case?

A DUI case in Tampa can end in several ways: full dismissal if the evidence is suppressed or insufficient, a reduction to reckless driving (“wet reckless”), completion of a diversion program with charges dropped, a plea agreement with reduced penalties, or a Not Guilty verdict at trial. An experienced first DUI defense lawyer in Tampa can evaluate the strength of the evidence and pursue the best possible outcome for your situation.

Hardship License and Ignition Interlock

If your license is suspended through the ALS, you may be eligible for a hardship license that allows you to drive to work, school, church, and medical appointments. Eligibility depends on your BAC level and whether this is your first DUI.

For first-time DUI offenders with a BAC of 0.15% or higher, an ignition interlock device may be required as a condition of your hardship license or as part of your criminal sentence. An interlock device prevents your car from starting if it detects alcohol on your breath. Typical costs are $100–$250 for installation and $50–$100 per month for monitoring, with a typical duration of 6 months for a first DUI. Interlock and hardship requirements can vary based on the specifics of your case, so consult with an attorney to understand your options. Florida law has specific ignition interlock requirements for first-time DUIs.

Step 4: Locate Your Car

After a DUI arrest, the police might have impounded your vehicle. Getting it back is an administrative process, not part of the criminal proceedings. You will need to find out from the police where your vehicle was towed. This might be part of the paperwork they give you upon your release.

You’ll have to pay towing, storage, and other fees to get it back, and you might not be able to drive it. If your license suspension is already in effect by the time you’re able to get your car out of impound, ask a friend or relative to drive it home.

Typical impound and towing fees in Hillsborough County can range from $100–$300 for the initial tow plus $25–50 per day for storage. These fees add up quickly, so it is important to retrieve your vehicle as soon as possible. If your license is already suspended by the time you can pick up your car, you cannot legally drive it. Ask a friend, family member, or rideshare to get you there, and have someone with a valid license drive the vehicle home.

Step 5: Call a Lawyer

Once you’re home, it’s time to get serious about hiring a DUI defense attorney. It’s best to work with a criminal defense attorney with experience and prior success in DUI cases, rather than a friend or relative who primarily handles taxes or divorces.

Brett Metcalf is a Tampa native who began his career as a prosecutor. He tried over 5,000 cases, including DUIs, which gives him a unique perspective into the system.

Brett uses his extensive courtroom experience and compassion for his clients to pursue the best outcome available. What that looks like for you depends on the circumstances, but rest assured he’ll review the facts and develop a strategy to dismiss or lessen the impact of the charges.

If you were arrested for a DUI in Tampa or anywhere in Hillsborough County, the most important thing you can do right now is call an experienced DUI defense attorney. Attorney Brett Metcalf is a former prosecutor who has handled thousands of DUI cases. He understands how the state builds its case, and he knows how to challenge every piece of evidence.

Call (813) 258-4800 now or contact us online for a free, confidential consultation. Our Tampa DUI defense attorneys handle cases at every stage, including first-time DUI defense. We are available 24 hours a day, 7 days a week.