A DUI in Florida is really two cases at once, and knowing how each one moves takes some of the fear out of it. One case runs in criminal court; the other runs at the DMV over your license. If you were arrested in Tampa, a DUI lawyer at Brett Metcalf, Criminal Defense Attorneys, P.A. can walk you through the Florida DUI court process and handle both tracks for you. Attorney Brett Metcalf is a former Hillsborough County prosecutor who has stood on both sides of these courtrooms.
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The Two Tracks of a Florida DUI Case
A DUI arrest starts two separate proceedings that run at the same time on different timelines:
- The criminal case, prosecuted under Fla. Stat. 316.193, which decides guilt and any sentence.
- The administrative case at the DHSMV, which decides whether your license is suspended and moves on a much shorter clock.
The most urgent step belongs to the administrative track: you have only 10 days from arrest to request a formal review of the administrative license suspension under Fla. Stat. 322.2615. The rest of this page follows the criminal case, which for a misdemeanor DUI runs through the Hillsborough County Court, and for a felony DUI through the Circuit Court at the George E. Edgecomb Courthouse.
What are the Steps to the Florida DUI Process?
Understanding the steps involved in the DUI process is essential for recognizing how a case progresses through the legal system. What happens after the initial traffic stop and arrest? How do I handle court proceedings and final case resolution? Being arrested for a DUI is stressful, but understanding the court process can help you prepare and fight against a conviction.
First Appearance and Booking
After a DUI arrest, you are booked into the Hillsborough County Jail on Orient Road or at the Falkenburg Road facility. Within about 24 hours, you appear before a judge for a first appearance, where the court reviews the basis for the arrest and sets bond and any conditions of release. Having a lawyer involved this early can affect release conditions, especially in a felony case.
Arraignment
At arraignment, you are formally advised of the charge and enter a plea. Entering a not-guilty plea preserves your rights and opens the discovery process, where we obtain the police reports, the breath-test records, and any video. Arraignment is a starting point, not a moment to give anything up, and it is usually where a defense begins in earnest.
Pretrial Conferences and Discovery
Most of a DUI case happens here. Over a series of pretrial conferences, we review the State’s evidence, take depositions where useful, and identify the weak points in the stop, the testing, and the arrest. This is also where negotiation happens, from a position that is only as strong as the preparation behind it.
Motions, Including Motions to Suppress
If the stop, the detention, or the testing crossed a legal line, we file motions to suppress the affected evidence. A successful motion can remove the breath result or even the basis for the whole case, which is often what reshapes a DUI. Winning or narrowing these issues before trial can change everything that follows.
Plea or Trial
Many DUI cases resolve through a negotiated plea or a reduction, sometimes to reckless driving, without a trial. Others go to a jury. We prepare every case as if it will be tried, because that preparation is what creates leverage in negotiation and protection in the courtroom. Which path is right depends on the facts, and we lay out the options with you rather than leaving you to guess.
How We Guide You Through the Process
The process is less frightening when someone who knows it is beside you at each step.
We Handle Both Tracks Together
We request the DHSMV review inside the 10-day window while we build the criminal defense, so a deadline in one case never gets lost in the other.
We Keep You Informed at Each Stage
We explain what each court date means, what to expect, and what we are doing about it, so there are no surprises.
We Prepare Every Case for Trial
Thorough preparation is what gives negotiation its strength and protects you if the case does go before a jury.
Why Choose Brett Metcalf
When you hire Brett Metcalf, you work directly with a dedicated Tampa DUI attorney, not a rotating cast of staff. Attorney Brett Metcalf is a former Hillsborough County prosecutor who tried more than 100 cases to verdict, so he knows how the State Attorney’s Office moves a DUI through each stage and where it can be challenged. He puts that insight to work for you at every step.
Florida DUI Court Process FAQs
What happens at a DUI arraignment in Florida?
You are formally advised of the charge and enter a plea. A not-guilty plea preserves your rights and opens discovery, where your lawyer obtains the reports, test records, and video that drive the defense.
How long does a DUI case take in Florida?
It varies. A misdemeanor DUI often takes a few months, while a felony DUI usually takes longer because of added discovery and motion practice. We keep you informed at each stage so there are no surprises.
What are the steps in a Florida DUI case?
Arrest and booking, first appearance, arraignment, pretrial conferences and discovery, motions such as a motion to suppress, and then either a plea or a trial. A separate DHSMV license case runs alongside all of it.
Do I have to go to every court date?
Your attorney can appear for you at many stages of a misdemeanor DUI, though some hearings and any trial require your presence. We tell you exactly which dates you must attend.
Talk to a Tampa DUI Lawyer Today
Understanding the process is the first step; having someone handle it for you is the next. Call Brett Metcalf at (813) 258-4800 for a free, confidential consultation with a Tampa DUI attorney, and let us take both cases off your shoulders.
