Law Offices Of Daniel D. Nawara, P.A.

How Long a DUI Case Takes in Sarasota and Manatee County

How Long a DUI Case Takes in Sarasota and Manatee County

A first-offense misdemeanor DUI in Sarasota or Manatee County most often takes somewhere between three and six months from arrest to resolution, whether that resolution is a plea, a reduction through the DETER program or a dismissal. Cases with a blood draw, a crash, a motion to suppress that needs an evidentiary hearing, or a trial setting run longer, and felony DUIs are measured in many months rather than weeks. Those are typical ranges, not promises; every case has its own calendar. What follows is the sequence of events and roughly when each one lands.

Days 1 to 10: the license deadline

The clock that matters most starts at the arrest, not the first court date. Your notice of suspension works as a 10-day temporary permit under section 322.2615(1), and a request for a formal or informal review of the suspension has to reach the Florida Department of Highway Safety and Motor Vehicles within 10 days of the date on the notice. Miss it and the suspension runs its full course: 6 months for a breath or blood result of 0.08 or higher, or 1 year for a first refusal. The options are laid out on the 10-day rule page.

Within 30 days of the request: the formal review hearing

If a formal review is requested, section 322.2615(6)(a) requires the department to schedule the hearing within 30 days of receiving the request. The hearing is held by a hearing officer, not a judge, and it decides only whether the suspension stands. It is also the first chance to put the arresting officer under oath, which is why it matters to the criminal case as well. Details are on the formal review hearing page.

Weeks 3 to 8: arraignment

The State Attorney files the formal charge, and the Clerk sets or confirms an arraignment date, often several weeks after the arrest. With a lawyer, a written plea of not guilty is filed and the misdemeanor arraignment is waived; without one, you appear in person. This is also the point at which a first-time case enters DETER or stays on the litigation track, so the evidence review needs to be done, or at least started, before this date. See DUI arraignment in Sarasota and Manatee County.

Weeks 4 to 12: discovery

Once the defense files a notice of discovery, Rule 3.220 requires the State to disclose its evidence within 15 days, and the defense is entitled to the arrest affidavit, the citation, the breath test results and the officer's reports. In practice the material that decides a DUI case takes longer to assemble than the rule suggests: body camera and dash camera video has to be requested from the arresting agency, the Intoxilyzer 8000 inspection and maintenance records come from the Florida Department of Law Enforcement, and the breath test operator's permit history has to be pulled. A breath test challenge or a field sobriety test argument is built from this material, so a case cannot be evaluated until it is in hand.

Blood cases take longer still. If blood was drawn, the toxicology result comes from the FDLE laboratory and can take weeks or months, and the medical records that often accompany a crash case have to be subpoenaed. See DUI blood test defense and subpoenaing medical blood records.

Months 2 to 5: pretrial conferences and motions

County court DUI cases are managed through a series of pretrial conferences, usually a few weeks apart. Each one is a status check: has discovery been exchanged, is there a plea offer, is a motion pending, is the case ready for trial. In Sarasota and Manatee County the defendant's presence at these conferences is often excused when counsel appears, but the notice controls and you should ask rather than assume.

If the stop, the arrest or the breath test has a legal problem, a motion to suppress or dismiss is filed during this stretch and set for an evidentiary hearing, where the officer testifies and the video is played. Getting the officer and the courtroom on the same day can take a month or more. The motions that matter most are described on the Florida DUI defenses page.

DETER has its own calendar

A first-offense case that enters the DETER program follows the State Attorney's schedule rather than the court's. The first phase, which includes DUI school, the MADD online victim impact program and any treatment, runs roughly 60 days, and the plea to reckless driving with adjudication withheld comes after it is finished. The 12 months of probation that follow are part of the sentence, not part of the case timeline, but they are a commitment that should be understood before enrolling.

Trial and speedy trial

Under Rule 3.191 a misdemeanor must be brought to trial within 90 days of the arrest and a felony within 175 days, unless the defense waives the rule. The waiver is routine in DUI cases because the records and video rarely arrive inside 90 days, and because a case tried before the defense has the FDLE inspection reports is a case tried half-blind. Once a case is set for trial, the actual date can move more than once as the court's docket shifts, which is the single biggest reason contested cases stretch past six months.

Most DUI cases do not go to trial. They end with a dismissal, a reduction to reckless driving or a plea once the evidence has been tested. But a defense that is ready to try the case is what produces those outcomes, and being ready takes time.

What makes a case run longer

  • Blood results. Waiting on the FDLE lab adds months before anyone knows what the number is.
  • A crash. A crash report, reconstruction, medical records and an injured party all add steps, and DUI with injury carries different plea rules under section 316.656.
  • Officer availability. Suppression hearings and trials move when the arresting officer is on leave, in training or subpoenaed elsewhere.
  • A felony filing. A felony DUI moves to circuit court with its own discovery deadlines and docket.
  • Related charges. A refusal charge under section 316.1939, a driving-while-suspended count or a drug possession count from the same stop are usually resolved together, and the slowest one sets the pace.

What you will be doing in the meantime

The months between arrest and resolution are not idle. Depending on the case, you may be enrolling in DUI school, applying for a hardship license once the hard-suspension period ends, installing an ignition interlock if the program or the court requires one, following any no-alcohol or monitoring condition from your release, and, above all, not driving on a suspended license, which creates a new case. Keeping those pieces on schedule is part of what shortens the back end of the case.

Questions people ask

Can my DUI case be over in a month?

Rarely, and usually only by pleading guilty at arraignment to a charge that cannot be withheld or sealed. A fast resolution is not the same thing as a good one; the evidence should be seen before any plea.

Does hiring a lawyer make the case take longer?

Sometimes, in the sense that a lawyer will not let the case end before the video and breath records have been reviewed. That review is what produces reductions and dismissals.

How long does the license suspension last compared to the case?

They run on separate tracks. A first-offense breath test suspension is 6 months and a first refusal suspension is 1 year under section 322.2615, regardless of how long the criminal case takes or how it ends.

How long do I have to wait for the formal review hearing?

The department must schedule it within 30 days of receiving the request, under section 322.2615(6)(a). The decision usually follows within days of the hearing.

My case is in Bradenton. Is it slower than Sarasota?

Both counties are in the Twelfth Judicial Circuit and move at a similar pace. Individual dockets vary more than the counties do. See Bradenton DUI lawyer.

What if I need the case resolved before a job start date or a move?

Tell your lawyer at the start. Some steps, like a DETER enrollment or a negotiated plea, can be scheduled around a deadline; others, like a suppression hearing, cannot be rushed without giving up the argument.

Call or text (941) 920-5514, nights and weekends too, or request a free consultation by phone or video with former prosecutor Daniel D. Nawara. For the steps that happen in the first week after an arrest, see what to do after a Sarasota County DUI or what to do after a Manatee County DUI.