DUI Arrests Frequently Asked Questions (FAQ)


Practice Areas > Criminal Defense > DUI > DUI Arrests

As one of the leading Jacksonville DUI attorney’s I believe in making sure the citizens of Jacksonville and the State of Florida are well educated regarding their rights and the best course of action if arrested for a DUI by Jacksonville law enforcement. Need a Jacksonville DUI lawyer? Contact me for a free DUI case evaluation.

How long can they hold me in jail after I am arrested for a DUI?

By law they have to hold you for 8 hours as this is considered the amount of time required for the alcohol to move out of your system and for your blood alcohol levels to reduce to a safe level. After these eight hours, it can take additional time or hours to process your paperwork.

When should I call a DUI lawyer?

Timing is of the essence when trying to get the best possible outcome when charged with a DUI. As such, you should call a DUI lawyer when you are in police custody. You will not be released from police custody until you have your first hearing which happens the morning after your arrest. To ensure the best outcome for your case, it is best to have a DUI lawyer with you at the very beginning of the legal proceedings during this first appearance bond hearing. Everything you say and do while in police custody and during your first appearance hearing can be used against you in future legal proceedings. As such, it is best to have the advisement of a DUI lawyer in all legal situations beginning with the first hearing.

How much bail will I have to post?

The amount of bail you post is based on your prior record and on your perceived flight risk. There is a chance you will not need to post any bail. If you have a prior record and your flight risk is perceived as high, your bail bond will be higher than a person without a record and a lower perceived risk of flight.

What if I do not have the full amount of money to post for a bail bond?

You will need to contact a bail bonds company. A bail bonds company will cover all but 10% of your bail bond. As an example, if your bail bond is $10,000 the bail bonds company will cover $9,000 and you will be required to cover $1,000. You will not receive your 10% back from the bail bonds company. It is considered their fee for covering the vast majority of your bail bond for you.

What happens after I am released from police custody?

During your first hearing, which will happen the morning after your arrest, you will be given an arraignment date. During the arraignment you will hear all of the charges against you and give your plea of guilty or innocent. Your DUI lawyer will advise you on the best way for you to plea given the circumstances of your case.

What happens if I do not have a lawyer present during the first hearing?

As the courts are very busy, they are interested in getting as many cases as possible off of their docket. With that said, they will quite often try to get you to enter a plea agreement during the first hearing. Do not enter a plea agreement at this time. We recommend you plea not guilty and call a DUI lawyer immediately when you are released.

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