A Florida DUI arraignment is an early hearing in county or circuit court where the judge formally reads the charge and the defendant answers it by entering a plea. It is one stage in how Florida’s traffic ticket and court hearing process works, though a DUI is a criminal charge rather than a civil traffic infraction. This article explains what the arraignment covers, how it differs from the first appearance, the plea options, and the separate license deadline that runs on its own clock.
What an arraignment is in a Florida DUI case
An arraignment is the point where the court states the formal charge on the record and the defendant is called on to plead. In a DUI case the charge is brought under Fla. Stat. § 316.193, which defines driving under the influence and sets the penalties. A first or second DUI without aggravating factors is a first-degree misdemeanor, carrying a fine of $500 to $1,000 and up to six months in jail for a first conviction; a third DUI within 10 years is charged as a third-degree felony, which moves the case from county court to circuit court.
Arraignment itself is governed by Fla. R. Crim. P. 3.160. The rule directs that the charge be read in open court unless the reading is waived, and that the defendant then enter a plea. The hearing is short. No evidence is presented and no witnesses testify; the arraignment fixes the charge and records how the defendant answers it.
First appearance and arraignment are two different hearings
“Arraignment” is often used loosely to describe everything that happens at the start of a case, but Florida separates two distinct hearings.
The first appearance happens soon after arrest. Under Fla. R. Crim. P. 3.130, a person held in custody must be brought before a judge within 24 hours of arrest. At that hearing the judge reviews whether probable cause supported the arrest, states the charges, and sets bail or other conditions of release. A defendant who bonds out quickly may have the first appearance handled through the jail’s video docket.
The arraignment comes later, after the prosecutor reviews the case and files the formal charging document, called an information. The gap between arrest and arraignment is usually several weeks. By the arraignment, the specific charge is set, and the defendant’s job at the hearing is to enter a plea rather than to argue the facts.
Arrest and first appearance
After a DUI arrest, a person held in custody is brought before a judge within 24 hours under Fla. R. Crim. P. 3.130. The judge addresses probable cause, the charges, and release conditions.
The State files formal charges
The prosecutor reviews the arrest reports and, if the case proceeds, files an information stating the DUI charge. This is the document the arraignment is built around.
Arraignment and plea
At the arraignment under Fla. R. Crim. P. 3.160, the court reads the charge and the defendant enters a plea. A written not-guilty plea filed in advance by counsel can waive the appearance.
Pretrial and case scheduling
After a not-guilty plea, the court sets pretrial dates for exchanging evidence, filing motions, and negotiating, and it tracks the speedy-trial clock.
Entering a plea at the arraignment
Fla. R. Crim. P. 3.170 allows three pleas: not guilty, guilty, and no contest (nolo contendere). A not-guilty plea keeps the case open and preserves the time to review the evidence before any decision. A guilty or no-contest plea resolves the charge and moves the case toward sentencing.
Entering a not guilty plea at arraignment is the common path, because it leaves every option available: the defense can still review the breath-test records, the stop, and the officer’s reports, and can negotiate or set the case for trial afterward. A plea entered at arraignment is not final in the sense that a not-guilty plea can later be changed if the case resolves.
For a misdemeanor DUI, a defendant represented by an attorney often does not have to attend the arraignment in person. Under Fla. R. Crim. P. 3.160, counsel may file a written plea of not guilty at or before the arraignment, and filing it waives the hearing. Whether personal appearance is excused varies by county and by judge, so the practice at a specific courthouse is worth confirming with the clerk or the assigned division.
The 10-day license deadline runs on a separate clock
A DUI arrest starts two separate processes: the criminal case that runs through arraignment, and an administrative suspension of the driver license handled by the Department of Highway Safety and Motor Vehicles. The administrative process moves faster than the court case and is not addressed at the arraignment.
Under Fla. Stat. § 322.2615, an officer who arrests a driver with a blood- or breath-alcohol level of 0.08 or higher, or who refuses testing, takes the license and issues a 10-day temporary permit along with a notice of suspension. The driver has 10 days from that notice to request a formal or informal review of the suspension. A first suspension is 6 months for driving with a 0.08 or higher level, or 1 year for refusing a lawful test.
The penalties that follow a conviction, including probation, license revocation, and vehicle requirements, are covered separately in the penalties for a Florida DUI first offense. Drivers who hold a commercial license face added consequences described in the stricter CDL point and ticket rules in Florida, because a DUI in any vehicle can disqualify a commercial driver.
What happens after the arraignment
After a not-guilty plea, the case enters the pretrial phase. Both sides exchange discovery, the defense can file motions (for example, to suppress a stop or a breath test), and the parties discuss whether the case resolves by plea or proceeds to trial. Misdemeanor DUI cases are set for one or more pretrial conferences before any trial date.
The speedy-trial rule sets the outer limits. Under Fla. R. Crim. P. 3.191, without a defense demand the State must bring a misdemeanor to trial within 90 days of arrest and a felony within 175 days. These periods can be extended or reset by continuances, so the actual trial date in a contested DUI often falls well past the initial window.
Frequently asked questions
Do I have to go to my Florida DUI arraignment?
For a misdemeanor DUI, a defendant represented by an attorney can usually avoid appearing, because Fla. R. Crim. P. 3.160 lets counsel file a written not-guilty plea that waives the arraignment. A defendant without counsel, or one facing a felony DUI, is generally required to appear. Practice varies by county, so the assigned court division confirms whether appearance is excused.
What is the difference between first appearance and arraignment?
The first appearance happens within 24 hours of arrest under Fla. R. Crim. P. 3.130 and addresses probable cause and release conditions. The arraignment comes later, after formal charges are filed, and is where the defendant enters a plea to the charge under Fla. R. Crim. P. 3.160.
What plea is usually entered at arraignment?
A not-guilty plea is the common entry, because it keeps the case open and preserves time to review the evidence. Fla. R. Crim. P. 3.170 also allows guilty and no-contest pleas, which move the case toward sentencing. A not-guilty plea can be changed later if the case resolves.
Does the arraignment deal with my suspended license?
No. The driver license suspension is handled administratively by the motor vehicle department under Fla. Stat. § 322.2615, on a 10-day deadline that runs from the suspension notice. That process is separate from the criminal arraignment and is not resolved in court.
How long after a DUI arrest is the arraignment?
The gap is usually several weeks, because the arraignment follows the prosecutor’s filing of the formal charge. The exact timing depends on the county and how quickly the charging decision is made. The speedy-trial limits in Fla. R. Crim. P. 3.191 (90 days for a misdemeanor, 175 for a felony) set the outer boundary for trial, not for arraignment.