Published October 31, 2026.
A DUI arrest in Broward County starts two cases at once: a criminal case in Broward County Court and a separate administrative suspension of your driver's license with a 10-day deadline. This guide explains what happens in each, what is at stake, what a Broward DUI lawyer should do for you, and how to choose one, with the questions to ask and the warning signs to watch for.
The Short Version
- You have 10 days from a Broward DUI arrest to request a formal review of your license suspension or, for a first DUI suspension, to waive it and apply for a hardship license. Broward's Bureau of Administrative Reviews office is in Lauderdale Lakes, and requests can also be made by email.
- Misdemeanor DUI cases are heard in Broward County Court. The Clerk lists the main courthouse in Fort Lauderdale and regional courthouses in Deerfield Beach, Plantation and Hollywood.
- A first DUI carries a $500 to $1,000 fine, up to 6 months in jail, up to a year of probation, 50 hours of community service, a 10-day vehicle impoundment and a 180-day to 1-year license revocation. The ranges rise with a 0.15 test, a minor in the car, a crash or a prior.
- Look for a lawyer whose practice is concentrated in DUI, who knows Broward's courts, who will handle both the license hearing and the court case, who explains the fee in writing and who does not promise a result.
- Florida Bar rules prohibit contingency fees in criminal cases and do not allow a lawyer to claim to be a specialist or expert unless board certified. You can check any Florida lawyer's license and discipline history on The Florida Bar's website.
In this article
- The First 10 Days: Your License Comes First
- Where a Broward DUI Case Goes
- What Is at Stake: Florida DUI Penalties
- The Real Cost of a DUI Conviction
- What a DUI Lawyer Should Review
- How to Choose a Broward DUI Lawyer
- Questions to Ask Before You Hire
- What to Bring to a Consultation
- Situations That Need a Lawyer Right Away
- Questions and Answers
If you have just been arrested, read the next section first. For a broader walk-through of Florida DUI law, the arrest process and the court timeline, see What Counts as DUI in Florida?
The First 10 Days: Your License Comes First
If you blew 0.08 or higher, or refused a breath or urine test, the officer took your license and gave you a notice of suspension that also serves as a temporary permit. You have 10 days from the date of that notice to request a formal or informal review of the suspension. The temporary permit expires at midnight on the 10th day. (section 322.2615) This license case is separate from the criminal case, and it does not wait for your first court date.
| Option | What it means | Who it fits |
|---|---|---|
| Request a formal review | A hearing before a Department of Highway Safety and Motor Vehicles hearing officer, where your lawyer can challenge the suspension and subpoena the officers | Anyone who wants to contest the suspension |
| Waive the review and apply for a hardship license | You give up the challenge, enroll in DUI school and apply for a restricted business-purposes license | Generally a driver with no prior DUI-related suspension (section 322.271(7)) |
| Do nothing | The suspension takes effect when the temporary permit expires | No one, if it can be avoided |
In Broward, the Bureau of Administrative Reviews (BAR) office is at 3718-3 W. Oakland Park Blvd. in Lauderdale Lakes, and the department says a formal review or hardship request can be made without visiting the office. (FLHSMV Broward locations) The suspension runs 6 months for a first test of 0.08 or more and 1 year for a first refusal, longer with a prior. Since October 1, 2025, a refusal of a lawful breath or urine test is also a separate misdemeanor. (section 316.1932) Which option is better depends on your history, how you need to drive, and what the formal review might accomplish in the criminal case, which is one of the first decisions a Broward DUI lawyer should help you make.
Where a Broward DUI Case Goes
A misdemeanor DUI is a criminal traffic case in Broward County Court, prosecuted by the Office of the State Attorney for the Seventeenth Judicial Circuit. The Broward Clerk lists the main courthouse at 201 S.E. 6th Street in Fort Lauderdale and regional courthouses at 1600 West Hillsboro Boulevard in Deerfield Beach (North), 100 North Pine Island Road in Plantation (West) and 3550 Hollywood Boulevard in Hollywood (South). (Broward Clerk) Your court notice will say where and when to appear. A felony DUI, such as a third DUI within 10 years or DUI with serious bodily injury, goes to circuit court. (See When Does a DUI Become a Felony in Florida?)
Broward DUI arrests are made by the Broward Sheriff's Office, the Florida Highway Patrol and city police departments from Pembroke Pines to Pompano Beach. Each agency has its own video systems, records and procedures, and part of a lawyer's job is knowing what to request from which agency.
The usual path is arrest, the filing of formal charges, arraignment, discovery and motions, one or more calendar calls, and then a resolution by plea, dismissal or trial. A lawyer can usually file a written plea of not guilty so that you do not have to appear at arraignment. Some South Florida prosecutors offer pretrial diversion to eligible first-time offenders, and the conditions differ by county. In Broward, an important early question is how filing for discovery or motions affects diversion eligibility, so the order of those steps should be decided with your lawyer before anything is filed.
What Is at Stake: Florida DUI Penalties
| Fine | Jail | Other | |
|---|---|---|---|
| First DUI | $500 to $1,000 | Up to 6 months | Probation up to 1 year; 50 hours community service; 10-day vehicle impoundment |
| First DUI with 0.15 or higher, or a minor in the vehicle | $1,000 to $2,000 | Up to 9 months | Ignition interlock for at least 6 months |
| Second DUI | $1,000 to $2,000 ($2,000 to $4,000 at 0.15+ or with a minor) | Up to 9 months (12 at 0.15+ or with a minor) | If within 5 years: at least 10 days in jail and a 30-day impoundment |
| Third DUI within 10 years | Third-degree felony | At least 30 days; up to 5 years in prison | 90-day impoundment |
| Fourth DUI | Third-degree felony; fine not less than $2,000 | Up to 5 years in prison | Permanent revocation |
| DUI with property damage or injury | First-degree misdemeanor | Up to 1 year | |
| DUI with serious bodily injury | Third-degree felony | Up to 5 years | License revoked at least 3 years |
Source: section 316.193.
| Conviction | License revocation | Ignition interlock |
|---|---|---|
| First | 180 days to 1 year | May be required; required for at least 6 months at 0.15+ or with a minor |
| Second within 5 years | At least 5 years | At least 1 year |
| Third within 10 years | At least 10 years | At least 2 years |
| Fourth | Permanent | At least 5 years |
Sources: section 322.28; section 322.2715. A court may also order DUI school, a substance abuse evaluation and treatment, and other conditions.
The Real Cost of a DUI Conviction
- Fines and court costs, which are added to the statutory fine.
- DUI school and any treatment ordered after the evaluation.
- Ignition interlock installation and monthly monitoring, when required.
- Insurance. After a DUI conviction, Florida requires proof of higher liability coverage, known as FR-44 insurance. (section 324.023)
- Lost time and transportation during any period without a license.
- A permanent record. A DUI conviction cannot be sealed or expunged in Florida, and adjudication cannot be withheld on a DUI.
- Work, licensing and immigration consequences for commercial drivers, licensed professionals and non-citizens.
These costs are the reason the early decisions in a DUI case matter so much. A reduction or dismissal avoids most of them; a conviction triggers nearly all of them.
What a DUI Lawyer Should Review
A DUI case is built from the officer's observations, the roadside exercises, the test result and the video. A careful defense review covers each one.
- The stop. Did the officer have a lawful reason to stop the car, or to approach a parked one? Weaving within a lane, by itself, is not always enough.
- The investigation. Do the body camera and dash camera video match the report's description of odor, speech, balance and eyes?
- Roadside exercises. Were the standardized exercises given as officers are trained, on a safe and level surface, to a person without injuries or conditions that affect balance? You are not required to do them. (See Roadside Sobriety Exercises in Florida and our legal myth of the day.)
- The breath test. Was the Intoxilyzer inspected on schedule, was the operator permitted, and was the 20-minute observation period followed? (See Breath Test Defenses and the O-ring ruling.)
- Blood and urine. Was a blood draw lawful, and was the sample handled and tested properly? (See Blood Draws in Florida DUI Cases and Prescription Drug DUI.)
- Refusal. Was the implied consent warning read correctly, and was the request lawful?
- Actual physical control. If you were parked or asleep, could the State prove you were in control of the vehicle?
The result of this review decides the strategy: a motion to suppress, a negotiated reduction, diversion, or trial.
How to Choose a Broward DUI Lawyer
No list can choose a lawyer for you, but these are the things that separate a focused DUI defense from a general one.
- A practice concentrated in DUI. Ask how much of the lawyer's practice is DUI defense, not criminal law in general. DUI cases depend on breath-testing rules, roadside procedures and license law that a lawyer must know in detail.
- Training on the science. Ask whether the lawyer has training on the Intoxilyzer and on standardized field sobriety testing, and whether he or she has taken DUI-specific continuing education.
- Regular work in Broward courts. Local practice helps a lawyer anticipate how cases move, what diversion options exist and how particular issues tend to be handled.
- Both cases handled. The license hearing and the criminal case should be handled together, by the same lawyer or team, because what happens in one affects the other.
- Who does the work. Ask who will appear in court and at the license hearing, and who will answer your calls.
- A written fee agreement. You should know what the fee covers (the license hearing, motions, depositions, trial) and what would cost extra. Florida Bar rules prohibit contingency fees in criminal cases.
- Straight talk, no guarantees. Be cautious of anyone who promises a dismissal or a particular result before seeing the evidence. Florida Bar advertising rules prohibit misleading claims about results.
- Verifiable credentials. A Florida lawyer may not claim to be a specialist or expert unless certified by The Florida Bar or another accredited organization. You can look up any lawyer's license status and public discipline on The Florida Bar's member directory.
Questions to Ask Before You Hire
- What are the deadlines in my case right now, and will you request the formal review or the hardship license?
- Should I fight the license suspension or waive it, given my driving needs and my history?
- What evidence will you request, including body camera, dash camera, jail and breath-machine records?
- Do you see any issues with the stop, the roadside exercises or the test?
- Am I likely to be eligible for diversion, and how do motions or discovery affect that in Broward?
- Who will appear with me in court, and how will you keep me updated?
- What does your fee include, and what would cost extra?
- What outcomes are realistic, and what facts could make my case harder or easier?
Pay attention to the quality of the answers. A good lawyer will be direct about deadlines and risks, will say what is unknown until the evidence is reviewed, and will not pressure you to sign on the spot.
What to Bring to a Consultation
- The DUI citation and any other traffic tickets.
- The notice of suspension or temporary permit.
- Bond and jail release paperwork and any court notice.
- Any breath test printout or blood or urine paperwork you were given.
- The arresting agency, the location and time of the stop, and names of passengers or witnesses.
- Medical conditions, injuries, medications, footwear and anything else that may have affected the roadside exercises.
- Your prior criminal and driving history, your driving needs and whether you hold a commercial or professional license.
- Your own written notes of what happened, made as soon as possible and shared only with your lawyer.
Situations That Need a Lawyer Right Away
- Any DUI arrest within the last 10 days, because of the license deadline.
- A crash, especially with any injury.
- A refusal of a breath or urine test.
- A test result of 0.15 or higher, or a child in the car.
- A prior DUI, or a pending case elsewhere.
- A commercial driver's license, a professional license, or immigration status that a conviction could affect.
- You live outside Broward and need someone to handle court here.
Questions and Answers
How long do I have to save my license after a DUI arrest in Broward?
Ten days from the notice of suspension, which is usually the day of the arrest. (section 322.2615)
Where is the Broward DMV hearing office for DUI suspensions?
The Bureau of Administrative Reviews office for Broward is at 3718-3 W. Oakland Park Blvd., Lauderdale Lakes. Requests can also be submitted without visiting. (FLHSMV)
Can I get a hardship license after a DUI arrest?
Usually yes for a first DUI-related suspension, by waiving the formal review within 10 days, enrolling in DUI school and applying for a business-purposes license. (section 322.271)
What is the penalty for a first DUI in Florida?
A fine of $500 to $1,000, up to 6 months in jail, up to a year of probation, 50 hours of community service, a 10-day vehicle impoundment and a license revocation of 180 days to 1 year. Higher ranges apply at 0.15 or above or with a minor in the vehicle. (section 316.193; section 322.28)
Can a DUI be reduced to reckless driving in Broward?
Sometimes. It depends on the evidence, the test result, any prior record and the prosecutor's policies. Every case is different. A result in one case does not predict the result in another.
Do I have to go to court for a DUI in Broward?
A DUI is a criminal case that requires a court appearance, but a lawyer can often file a written plea of not guilty and appear for you at arraignment and some later hearings.
How much does a DUI lawyer cost in Broward?
Fees vary with the lawyer, the complexity of the case and whether it goes to trial. Ask for the fee and what it covers in writing. Florida Bar rules prohibit contingency fees in criminal cases.
Alan S. Bernstein has concentrated his practice on DUI defense in South Florida for more than four decades. He is a founding member and faculty member of the National College for DUI Defense, has completed Florida Department of Law Enforcement operator and maintenance training on the Intoxilyzer 8000, and is the author of Florida DUI Defense: The Law and Practice. His office is in Hollywood, in Broward County.
Arrested for DUI in Broward County?
What you do in the first days matters. Call Alan S. Bernstein P.A. for a free, confidential consultation about a DUI arrest or license suspension in Broward, Miami-Dade, Palm Beach, Martin and Hendry counties.
Weekdays 954-925-3111 | Evenings and weekends 954-347-1000
Call 954-925-3111This article is general information about Florida DUI law and Broward County procedures as of October 31, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every person charged with a crime is presumed innocent unless and until proven guilty. Every case is different. A result in one case does not predict the result in another.
Sources
- Florida Statutes: section 316.193, section 316.1932, section 322.2615, section 322.271, section 322.28, section 322.2715 and section 324.023.
- Florida Department of Highway Safety and Motor Vehicles, Broward County locations, Bureau of Administrative Reviews; Broward County Clerk of Courts, Hours and Locations; The Florida Bar, Find a Member.