What Happens After a First DUI Arrest in Florida: A Pasco County Guide for the Next 10 Days
Michael Butash
Jun 09 2026 13:00
The first 10 days after a DUI arrest in Florida determine whether you keep your driver’s license — and set the tone for your entire case. After the arrest, you face an immediate administrative suspension, mandatory court hearings, and strict deadlines. In Pasco County, the process moves quickly through the West Pasco Judicial Center, the DHSMV, and the 6th Judicial Circuit. Understanding what happens next is critical, and Butash Law Group helps clients in Wesley Chapel, Lutz, and greater Pasco County navigate these steps from day one.
If you were just arrested, here’s what you need to know about the arrest, booking, the 10‑day DHSMV window, the arraignment process, and the penalties for a first DUI in Florida — all explained in plain language.
The DUI Arrest and Booking Process in Pasco County
Most first-time DUI cases in Pasco County begin with a traffic stop in Wesley Chapel, Lutz, or along major roads like SR‑54 and US‑41. If an officer believes you’re impaired, you’ll be asked to perform field sobriety exercises and possibly take a breath test. If the officer determines there’s probable cause, you’ll be arrested and taken to the county jail for booking.
Booking involves fingerprinting, photographing, and processing. Your vehicle may be towed. You’ll stay in custody until you are released on bond or on your own recognizance, typically after a few hours. Before release, your driver’s license will be seized and replaced with a temporary permit that expires in 10 days.
This 10‑day period is one of the most important stages of your case.
The 10-Day Deadline: Requesting a DHSMV Hearing
After a DUI arrest, Florida law triggers an automatic administrative suspension of your driver’s license. From the moment you are issued the DUI citation, the clock starts. You have 10 days
to request a formal or informal hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This hearing is separate from your criminal case and focuses solely on your driving privileges.
What the 10-day window means for you:
- If you request a DHSMV hearing in time, you can typically receive a temporary permit allowing you to continue driving for business or hardship purposes while the hearing is pending.
- If you miss the 10-day deadline, your license suspension becomes automatic and cannot be challenged.
- The suspension length varies depending on whether you blew over .08 or refused a breath test.
Butash Law Group regularly represents clients at these hearings for DUI cases in Pasco County, helping protect their ability to drive and preparing the groundwork for the criminal defense strategy that follows.
What if You Refused the Breathalyzer?
Florida’s “implied consent” law means that by driving, you agree to submit to lawful breath or blood tests. Refusing the breathalyzer carries its own penalties — including a one-year license suspension for a first refusal. However, a refusal can also limit the evidence the State can use in court.
A refusal does not mean you’ll automatically be convicted, and it’s often possible to challenge whether the officer properly advised you about the consequences. Butash Law Group evaluates breath test refusals regularly for clients in Wesley Chapel, Lutz, and across Pasco County.
Can Field Sobriety Tests Be Challenged?
Yes. Field sobriety tests — walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are not scientific, and they are often performed on uneven pavement, in poor lighting, or under stressful conditions. Officers may not follow proper protocols.
An experienced DUI attorney can challenge the reliability, administration, and interpretation of these tests. In many Pasco County cases, strong challenges to field sobriety exercises lead to reduced charges or dismissed evidence.
Arraignment at the West Pasco Judicial Center
After the arrest and the administrative process, your criminal case begins in the 6th Judicial Circuit. For Pasco County residents — including those from Wesley Chapel, Lutz, Land O’ Lakes, and surrounding areas — arraignment typically occurs at the West Pasco Judicial Center in New Port Richey.
At arraignment:
- The judge formally reads the charges.
- You enter a plea (not guilty in almost all defended cases).
- The court sets deadlines for motions, discovery, and future hearings.
When Butash Law Group represents you, we typically file a written plea in advance so you don’t have to appear personally. From there, the case enters its next phase.
How a First DUI Case Moves Through the 6th Judicial Circuit
The 6th Judicial Circuit — which covers Pasco and Pinellas counties — follows a structured process for DUI cases:
- Pretrial hearings: Your attorney reviews police reports, body cam footage, breath test records, and any witness statements.
- Motions to suppress: Your attorney challenges unlawful stops, improper testing, and procedural errors.
- Plea negotiations: In many first-offense cases, the State may consider reducing the charge to reckless driving if evidence problems exist.
- Trial (if necessary): If the case cannot be resolved favorably, it proceeds to trial where the State must prove impairment beyond a reasonable doubt.
Butash Law Group has extensive experience navigating DUI cases in the 6th Judicial Circuit and knows the local procedures, judges, and prosecutors — an advantage for clients throughout Pasco County.
Penalties for a First DUI in Florida
A first-time DUI conviction carries significant penalties, including:
- Fines: Typically between $500 and $1,000.
- License suspension: Six months to one year.
- DUI school: Mandatory Level I DUI course.
- Ignition interlock: Required if your BAC was .15 or higher or a minor was in the car.
- Probation: Up to one year, including community service.
- Possible jail: Up to six months, though many first-time cases avoid incarceration.
These penalties apply only if you are convicted — and that distinction is critical.
DUI Conviction vs. Non-Conviction: Why It Matters
A DUI conviction in Florida cannot be expunged or sealed. Ever. It stays on your record for life.
However:
- If the charge is dismissed,
- or reduced to a non-DUI charge (such as reckless driving),
then the case may
be eligible to be sealed or expunged. This is one of the most important reasons to fight the charge — especially for first-time offenders in Wesley Chapel, Lutz, and the wider Pasco County area.
What Is “Reckless Driving” as a Reduced Charge?
In many first-offense cases, the State may agree to reduce the DUI to reckless driving if there are issues with the stop, testing, or impairment evidence. A reckless driving plea:
- Avoids a DUI conviction
- Usually carries fewer penalties
- May allow the case to be sealed later
Butash Law Group regularly secures these reductions when the evidence supports it.
Helpful Links
Don’t Wait — The 10-Day Window Matters
If you were arrested for DUI in Pasco County — whether in Wesley Chapel, Lutz, or anywhere near the West Pasco Judicial Center — you must act quickly. The 10-day deadline to save your driving privileges is already approaching.
Call Butash Law Group immediately. We’ll protect your rights, challenge your license suspension, and begin building your defense before valuable time is lost.

