A Fort Myers DUI arrest in Florida can trigger two separate legal proceedings. One involves the criminal DUI charge. The other concerns the driver’s license and possible administrative suspension. Each process has its own rules and deadlines.
Knowing what to do during the first 48 hours can help a person protect their rights, preserve important evidence and avoid missing critical deadlines.
Check your driver’s license and the 10-day deadline
One of the first steps after a Florida DUI arrest is to determine whether the arresting officer issued a notice of administrative license suspension.
Under Fla. Stat. § 322.2615, a driver generally has 10 days after the notice of suspension is issued to request an administrative review hearing. This deadline may expire before the person’s first criminal court appearance.
When the driver is otherwise eligible, the driver may receive a temporary driving permit with the DUI citation that is valid for 10 days. Not everyone qualifies for this permit, and drivers should check their documents to confirm whether one was issued and carefully review any restrictions before driving.
An administrative suspension may arise from an unlawful breath or blood alcohol level of 0.08 or higher or a refusal to submit to a lawful test.
Some drivers facing a first DUI-related administrative suspension may qualify to waive the administrative review and seek restricted driving privileges instead. Eligibility depends on the person’s driving history, the circumstances of the arrest and applicable requirements, including DUI school enrollment.
The decision to challenge the suspension or seek restricted driving privileges should be made promptly. Waiving administrative review can mean giving up the opportunity to challenge the suspension through that process. Requesting a review hearing does not, by itself, stop the administrative suspension.
Review your arrest documents and preserve evidence
After an arrest, a person should review available documents, including the citation, release paperwork, court notices and arrest report, if available.
Important information may include:
- The criminal charges and scheduled court date
- Conditions of release or restrictions imposed by the court
- The arresting agency and case number
- Whether breath, blood, urine or field sobriety testing occurred
It is also helpful to write down what happened before, during and after the arrest while the details are still fresh.
Florida law permits a DUI prosecution based on impairment of normal faculties or an unlawful alcohol level. Therefore, a DUI charge does not necessarily require a breath or blood alcohol result of 0.08 or higher.
Drivers should preserve potentially relevant evidence, including receipts, messages, photographs and available recordings. They should also comply with release conditions and attend all required court appearances.
What should you do during the first 48 hours?
After a DUI arrest, review your paperwork, confirm your next court date, and determine whether your driver’s license has been administratively suspended. Preserve any information or evidence that may be relevant to the arrest, and do not assume that you can continue driving without restrictions.
Attorney Lee Viacava represents individuals charged with DUI in Fort Myers and throughout Lee County. He personally reviews the circumstances of each arrest, including available video recordings, officer reports and testing procedures, to determine what issues may affect the case.
If you have been arrested for DUI in Lee County, contact Lee Viacava Law Firm at 239-672-8934 to discuss your situation.