A DUI Lawyer’s Guide to the First 48 Hours and What Happens Next
A DUI arrest in Fort Pierce or elsewhere in St. Lucie County can feel overwhelming. The process begins immediately, and decisions made during the traffic stop and within the first 24 to 48 hours can affect your driver’s license, criminal case and future.
A DUI arrest can also create two separate legal proceedings. One is a criminal case handled through the St. Lucie County court system. The other is an administrative proceeding involving your Florida driving privileges.
This guide explains what generally happens during and after a Fort Pierce DUI arrest, the deadlines you need to know and the steps you can take to protect yourself or help a loved one.
Important: You generally have only 10 days from the date the notice of suspension is issued to request review of an administrative driver’s license suspension. Waiting for your first court date could cause you to miss this deadline.
Step 1: The Fort Pierce DUI Stop and Investigation
Many DUI arrests in St. Lucie County begin with a traffic stop after an officer alleges that a driver was speeding, weaving, failing to maintain a lane, driving without headlights or violating another traffic law. Other investigations may begin at a DUI checkpoint, after a crash or when a vehicle is stopped or parked.
DUI investigations in Fort Pierce and St. Lucie County may be conducted by agencies including:
- Fort Pierce Police Department
- Port St. Lucie Police Department
- St. Lucie County Sheriff’s Office
- Florida Highway Patrol
- Florida Fish and Wildlife Conservation Commission
Stops and crash investigations may occur on Interstate 95, Florida’s Turnpike, U.S. Highway 1, Okeechobee Road, Orange Avenue, Midway Road, Prima Vista Boulevard, Crosstown Parkway and other roads throughout St. Lucie County.
During the investigation, the officer may ask where you were coming from, whether you consumed alcohol or drugs and how much you consumed. The officer may also look for alleged signs of impairment, including:
- Bloodshot or watery eyes
- Slurred speech
- The odor of an alcoholic beverage
- Difficulty locating a driver’s license or other documents
- Problems exiting the vehicle
- Swaying or difficulty balancing
- Confusion or delayed responses
These observations are subjective and do not always prove impairment. Fatigue, anxiety, allergies, injuries, medical conditions, prescription medication and environmental factors can sometimes produce similar symptoms.
Remain Calm and Avoid Unnecessary Statements
Remain calm and respectful during the stop. Provide your driver’s license, vehicle registration and proof of insurance when legally required. Avoid arguing with the officer or physically resisting.
You should also avoid volunteering unnecessary information. Statements made during a roadside investigation can appear in the arrest report and may later be used by prosecutors.
Roadside Field Sobriety Exercises
An officer may ask you to perform roadside field sobriety exercises. Common exercises include:
- Horizontal gaze nystagmus exercise
- Walk-and-turn exercise
- One-leg stand exercise
- Finger-to-nose exercise
Performance may be affected by physical injuries, age, footwear, traffic, lighting, rain, uneven pavement, confusing instructions or nervousness. Body-camera or dashboard-camera footage may be important when determining whether the exercises were properly explained and administered.
Step 2: Arrest and Chemical Testing
If an officer believes there is probable cause to make an arrest, you may be handcuffed and transported for processing. A Florida DUI arrest may involve a request for a breath, blood or urine sample, depending on the allegations and circumstances.
Breath testing generally occurs after arrest. The testing process should include an observation period and other procedures intended to protect the reliability of the reported result.
A reported breath-alcohol level of .08 or higher does not automatically prevent the case from being challenged. An attorney may review:
- The legality of the initial traffic stop
- Whether sufficient probable cause existed for the arrest
- Whether the required observation period was completed
- The breath-test operator’s qualifications
- The instrument’s inspection and maintenance records
- Whether the test was administered properly
- Whether the machine produced valid results
- Medical or environmental factors that may have affected the result
- The time between the alleged driving and the chemical test
What Happens if You Refuse a Breath or Urine Test?
Under current Florida law, refusing a lawful breath or urine test can result in administrative and criminal consequences.
A first refusal generally results in a one-year driver’s license suspension and may be prosecuted as a second-degree misdemeanor. If the person has a qualifying prior refusal, the suspension may last 18 months and the refusal may be prosecuted as a first-degree misdemeanor.
Prosecutors may also attempt to use evidence of a refusal in the criminal DUI case. An attorney can examine whether the requested test was lawful, whether the required warning was given and whether the alleged refusal was clear and legally valid.
Florida’s current implied-consent requirements are addressed in Florida Statute §316.1932.
Step 3: Booking at the St. Lucie County Jail
Many people arrested for DUI in Fort Pierce or elsewhere in St. Lucie County are processed through the St. Lucie County Jail.
St. Lucie County Jail
900 N. Rock Road
Fort Pierce, FL 34945
The booking process may include:
- Fingerprinting and photographs
- Recording personal and identifying information
- Medical screening
- Inventorying personal belongings
- Reviewing the charges and any outstanding warrants
- Placement in a holding area
- Determining release or bond eligibility
Processing and release times vary. The length of time a person remains in custody can depend on the arrest time, facility volume, alleged alcohol level, prior record, additional charges, medical concerns and whether the arrest involved a crash or injury.
Do not assume that every first-time DUI arrest will result in immediate release. Release conditions depend on the allegations, criminal history and applicable court procedures.
Step 4: Bond, Release or First Appearance
After booking, one of several things may happen.
Release on Recognizance
Some defendants may be released on their own recognizance without posting a monetary bond. Eligibility can depend on the charges, criminal history, ties to the community and other relevant factors.
Posting Bond
If a monetary bond is required, it may need to be posted before the person can be released. Additional restrictions or conditions may apply after release.
First Appearance
A person who remains in custody will generally be brought before a judge for a first appearance. At this hearing, the judge may:
- Review whether probable cause exists
- Confirm the charges
- Set or modify bond
- Establish conditions of release
- Restrict alcohol or controlled-substance use
- Address driving or pretrial-supervision conditions
First appearance is not a trial. The judge generally does not decide whether the defendant is guilty or innocent at this stage.
Step 5: What to Do During the First 24 to 48 Hours
The first two days after a Fort Pierce DUI arrest can be especially important. Driver’s license deadlines begin quickly, and evidence may need to be identified and preserved.
Contact a Fort Pierce DUI Lawyer
Early involvement allows a lawyer to begin evaluating the traffic stop, arrest, chemical testing and available video. An attorney can also identify immediate deadlines and explain what may happen in the St. Lucie County court system.
Contact a Fort Pierce DUI lawyer serving St. Lucie County.
Protect Your Driver’s License: The 10-Day Deadline
You generally have only 10 days from the date the notice of suspension is issued to request formal or informal review of an administrative driver’s license suspension. Depending on eligibility, another option involving restricted driving privileges may also be available.
The administrative suspension is separate from the criminal DUI case. Waiting for your first St. Lucie County court date could cause you to miss the deadline for addressing the administrative suspension.
Review the notice and temporary driving permit provided after the arrest carefully. Do not drive unless you are certain that your license or temporary permit remains valid.
Do Not Discuss the Case Publicly
Avoid discussing the facts of the case with:
- Law-enforcement officers without legal advice
- Other people in the detention facility
- Friends or relatives on recorded jail calls
- Coworkers or employers unless necessary
- People on social media
Jail calls are generally recorded. Statements, messages, photographs and social-media posts may later become evidence.
Write Down What Happened
As soon as possible, write down everything you remember, including:
- Where and when the stop occurred
- The reason the officer gave for stopping you
- What the officer asked and what you said
- What happened before you drove
- When and what you ate or drank
- Whether you took any prescription or over-the-counter medication
- How the field sobriety exercises were explained
- Road, lighting and weather conditions
- Whether body cameras or dashboard cameras were present
- Whether passengers or other witnesses were present
- How long you waited before chemical testing
Small details can become important when the reports and video are reviewed. Memories can fade quickly, so prepare these notes while the events are still fresh.
Preserve Potential Evidence
Save anything that may help establish the timeline or circumstances surrounding the arrest, including:
- Restaurant or bar receipts
- Credit-card transactions
- Text messages
- Ride-share records
- Photographs and videos
- Phone location history
- Names and contact information for witnesses
- Medical records and prescription information
Surveillance video from businesses, parking lots, homes, hotels and traffic systems may be deleted automatically after a short period. A lawyer may be able to identify and request preservation of relevant footage.
Step 6: Helping Someone Arrested for DUI in St. Lucie County
If a family member or friend has been arrested for DUI in Fort Pierce or elsewhere in St. Lucie County, there are several practical steps you can take.
Confirm Where the Person Is Being Held
Check the St. Lucie County Sheriff’s Office inmate information system or contact the jail to confirm the person’s location and booking status.
Visit the St. Lucie County Sheriff’s Office website.
Determine Whether Bond Is Required
Find out whether the person qualifies for release, whether a monetary bond has been set and whether any special release conditions apply.
Limit Conversations About the Arrest
Jail calls are generally recorded. Avoid asking the arrested person to describe what happened, how much they drank, whether they used drugs or what they told the officer.
Focus the conversation on immediate needs, including release arrangements, medication, childcare, transportation and contacting an attorney.
Gather Important Documents
If possible, help preserve:
- Booking and release paperwork
- The DUI citation
- Driver’s license documents
- Vehicle tow or impoundment information
- Insurance documents
- Receipts and potential witness information
Step 7: What Happens Next in a St. Lucie County DUI Case?
After release, the criminal case proceeds through Florida’s Nineteenth Judicial Circuit. Most misdemeanor DUI cases are handled by the County Criminal Division. Felony DUI cases are generally handled by the Circuit Criminal Division.
Fort Pierce-area proceedings may take place at:
St. Lucie County Courthouse
218 S. Second Street
Fort Pierce, FL 34950
Some St. Lucie County proceedings may be assigned to the courthouse annex at 250 NW Country Club Drive in Port St. Lucie. The citation, release paperwork or court notice should identify the correct courthouse and courtroom.
View official Nineteenth Judicial Circuit courthouse locations.
Arraignment
At arraignment, the defendant is formally advised of the charge and a plea is entered. Depending on the circumstances and representation, an attorney may be able to handle certain preliminary matters without the defendant personally appearing.
Never miss a scheduled court date unless your lawyer or the court has confirmed that your appearance is excused.
Discovery and Evidence Review
The defense may obtain and review evidence such as:
- Police reports
- Body-camera and dashboard-camera footage
- Dispatch and 911 records
- Field sobriety exercise video
- Breath-test records
- Blood or urine laboratory results
- Photographs
- Crash reports
- Witness statements
Pretrial Hearings and Motions
Depending on the evidence, an attorney may file motions challenging the traffic stop, arrest, statements, chemical testing or other evidence. A motion to suppress may ask the court to prevent unlawfully obtained evidence from being used at trial.
Negotiation, Trial or Another Resolution
A case may be resolved through dismissal, negotiation, a plea, participation in an eligible program or trial. The available options depend on the evidence, prior history, alleged alcohol level, aggravating circumstances and policies of the State Attorney’s Office.
Eligibility for any diversion or alternative-resolution program is not automatic. Program availability and requirements can change. An attorney can determine whether any such option may apply to the specific case.
If an acceptable resolution cannot be reached, the defendant has the right to contest the charge at trial.
How a Fort Pierce DUI Lawyer Evaluates the Evidence
A DUI arrest does not automatically mean the state can prove its case. A defense attorney may investigate:
- Whether the officer had a lawful reason for the traffic stop
- Whether the driver was operating or in actual physical control of the vehicle
- Whether sufficient probable cause existed for the arrest
- How field sobriety exercises were explained and administered
- Whether physical or medical conditions affected performance
- Whether breath-testing procedures were followed
- Whether blood or urine samples were lawfully obtained
- Whether samples were properly collected, stored and tested
- Whether officer statements match the video evidence
- Whether important evidence is missing
- Whether the defendant’s constitutional rights were violated
Potential defenses depend on the individual facts. No single defense applies to every Fort Pierce DUI case, and no specific outcome can be guaranteed.
What Penalties Can Follow a Florida DUI Conviction?
Under Florida Statute §316.193, a first DUI conviction can result in:
- A fine of $500 to $1,000
- Up to six months in jail
- Probation
- Driver’s license revocation
- DUI school and a substance-abuse evaluation
- Community service
- Vehicle impoundment or immobilization
- Court costs and additional expenses
Enhanced penalties may apply if the alleged alcohol level was .15 or higher, a person under 18 was in the vehicle, the incident caused property damage or injury, or the driver has previous DUI convictions.
A DUI can also affect employment, professional licenses, insurance costs, travel and other parts of a person’s life.
Why Local Experience Matters in a St. Lucie County DUI Case
Florida’s DUI statutes apply throughout the state, but each county has its own court procedures, prosecutors, law-enforcement agencies and pretrial practices.
St. Lucie County cases may involve:
- Investigations by the Fort Pierce Police Department
- Arrests by the St. Lucie County Sheriff’s Office
- Port St. Lucie Police Department investigations
- Florida Highway Patrol stops on Interstate 95 or Florida’s Turnpike
- Booking at the St. Lucie County Jail
- Proceedings at the St. Lucie County Courthouse or courthouse annex
- Prosecution through the State Attorney’s Office for the Nineteenth Judicial Circuit
An attorney familiar with Fort Pierce and St. Lucie County can evaluate how those local procedures may apply to the specific case.
Frequently Asked Questions About Fort Pierce DUI Arrests
How long will someone stay in jail after a DUI arrest in Fort Pierce?
Processing and release times vary. Some people arrested for a first-time, non-aggravated DUI may be released after several hours, while others may remain in custody longer. Timing depends on facility volume, release eligibility, additional charges, medical issues and whether a first appearance is required.
Where are Fort Pierce DUI arrests processed?
Many people arrested in Fort Pierce and surrounding St. Lucie County communities are processed at the St. Lucie County Jail at 900 N. Rock Road in Fort Pierce. The actual facility and process may depend on the arrest and classification.
Where will a St. Lucie County DUI case be heard?
Most misdemeanor DUI cases are handled through the County Criminal Division of the Nineteenth Judicial Circuit. Felony DUI cases are generally handled in Circuit Court. Proceedings may take place at the St. Lucie County Courthouse in Fort Pierce or the courthouse annex in Port St. Lucie.
What happens to my driver’s license after a Fort Pierce DUI arrest?
The arrest may result in an administrative license suspension. A person generally has only 10 days from the date the notice of suspension is issued to request review or evaluate another available option. This proceeding is separate from the criminal case.
Can a Fort Pierce DUI charge be reduced or dismissed?
Depending on the facts, a DUI charge may be challenged, reduced or dismissed. Potential issues may involve the legality of the stop, probable cause, field sobriety exercises, chemical testing, missing video, medical conditions or conflicting evidence. No particular outcome can be guaranteed.
Can I fight a DUI if my breath result was over .08?
Yes. A reported breath result does not prevent someone from challenging the legality of the stop, the arrest, the operation of the testing equipment or the procedures used to obtain the result.
The Bottom Line: Act Quickly After a Fort Pierce DUI Arrest
A DUI arrest in Fort Pierce can move quickly from the roadside investigation to booking, release, license proceedings and court. Important decisions are made early, and waiting can make it harder to preserve evidence or protect available options.
The DUI and Criminal Division of The Ticket Clinic has defended Florida DUI and traffic cases since 1987. Our Fort Pierce team represents clients throughout St. Lucie County, including Fort Pierce, Port St. Lucie, St. Lucie Village, Lakewood Park, White City, River Park, Tradition, St. Lucie West and surrounding communities.
Our attorneys examine the traffic stop, field sobriety exercises, chemical testing, videos, police reports and local court procedures to develop a defense based on the specific evidence.
A DUI arrest is not a conviction. Contact our Fort Pierce team as soon as possible to discuss the case and the deadlines that may apply.
Call The Ticket Clinic’s DUI and Criminal Division:
772-783-3533
800-625-5232
Speak with a Fort Pierce DUI lawyer serving St. Lucie County.
This article provides general information and does not constitute legal advice. Every case is different, and previous results do not guarantee a similar outcome.
Jonathon Alford, Esq.
Is a graduate of Barry University School of Law and is licensed to practice law in Florida and in Federal Court for the Middle District of Florida. He has dedicated his professional career to traffic and criminal defense with experience in over 50 jury trials in the criminal arena. Mr. Alford has gained valuable insight for his clients with experience as a former prosecutor of four years and former clerk of the State Attorney’s Office. Having been certified in traffic stops, field sobriety exercises, D.U.I. breath technician, D.U.I. agency inspection, and the Intoxilyzer 8000, he is known in the community to offer his clients knowledgeable and aggressive defenses to complex cases. Mr. Alford was born in raised on the Treasure Coast, a true Floridan. He graduated from the local high school and college in Fort Pierce. Because of his background, he is able to use his experience, knowledge, and connections to achieve favorable results for his clients.


