Recently on our DUI forum a user asked, “I went to a party, and I was drinking. I made the mistake of driving home, and I was arrested. It seemed like I was held a long time before I was released. How long are the police allowed to hold someone after a Florida DUI arrest?”
What is a Florida DUI?
Drivers may be arrested for a Florida DUI if they are actual physical control of a vehicle and they are under the influence of an alcoholic beverage or chemical substance which impairs their ability to safely operate their motorized vehicle. They may also be arrested if their blood alcohol concentration (BAC) is 0.08% or higher.
How long can I be held after Florida DUI?
If you are arrested for a Florida DUI the police are legally allowed to detain you:
- Until you are no longer under the influence of alcoholic beverages or any chemical substance
- Until your blood-alcohol level or breath-alcohol level is less than 0.05; or
- Until 8 hours have elapsed from the time the you were arrested.
For more information review Fla. Stat. 316.193.
What happens while I am in jail after Florida DUI arrest?
While you are in jail the police officer will perform certain tasks, such as getting a sample of your urine or your breath. You will also be asked to provide certain personal information.
Next, the police will admit you into jail- a process called “booking.” At this point all of your personal information is entered into the criminal database with your fingerprints and your mug shot. The officers will also review whether you have any other outstanding warrants for your arrests and take you to a jail cell to await bail or your first appearance.
In most cases after a Florida DUI, assuming you are not wanted for another crime, you can begin the bail process immediately following the booking. If you are able to pay your bail, you will be released until your first court appearance.
If you cannot post bail or bond then the court will hold a first appearance, which is a chance for the judge to review whether or not there was probable cause for the Florida DUI arrest. If there is probable cause for the arrest, the judge may decide to uphold the bond amount or allow you to leave jail on your own recognizance.
When do I come back to jail after my first Florida DUI?
After you have been released on bail, bond, or on your own recognizance, the court will expect for you to reappear at some later date for your arraignment. At the arraignment the state will outline the specific charges which they have filed against you, and you will have a chance to enter your plea.
If you have been arrested for a Florida DUI you will be held until the court determines you are no longer under the influence of alcohol or drugs, your blood alcohol concentration is under 0.05%, or 8 hours have elapsed since your DUI arrest.
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