duistatelaws.com Key takeaways
- Fla. Stat. 316.193(9): no release until the person is no longer impaired, under 0.05, or eight hours after arrest; the three are joined by “or”.
- A first DUI conviction brings a 10-day vehicle impoundment or immobilization as a probation condition; 30 days for a second within five years, 90 for a third within ten.
- The impoundment cannot run while the defendant is in jail.
- The court must dismiss the order if the owner’s family has no other means of transport, and may dismiss it if a functioning, certified interlock is on every vehicle the defendant owns or leases and routinely drives.
- The St. Johns clerk’s Criminal Division handles felony, misdemeanor and criminal traffic cases at 4010 Lewis Speedway.
- Florida’s license clock: 10 days from the notice.
from the date you were served with the notice to demand a hearing from Florida Department of Highway Safety and Motor Vehicles. The request goes to the department, not to the court, and no judge in St. Johns County will make it for you. Fla. Stat. § 322.2615(1)(b)3.
The St. Johns County Clerk of the Circuit Court and County Comptroller has its offices at the Richard O. Watson Judicial Center, 4010 Lewis Speedway, St. Augustine. A DUI arrest anywhere in the county — downtown St. Augustine, the beaches or Ponte Vedra — becomes a criminal traffic case on the clerk’s docket.
This page covers two parts of Florida’s DUI statute that matter early and late in such a case: how long the arrested person is held, and what happens to the car after a conviction. The penalties and license rules in full are on the Florida DUI law page.
The same diagram as a table
| Step | Criminal case — decided by a court | License case — decided by a state agency |
|---|---|---|
| 1 | Arrest and booking, hour 0 | Notice of suspension served, day 0 |
| 2 | Charge filed by the prosecutor | Deadline to demand a hearing: 7 to 30 days in the eight states on this site that use an agency hearing |
| 3 | First court setting, on a date the court picks | Hearing held if the request was filed — whether the suspension waits for the ruling is set by each state's statute |
| 4 | One or more pretrial settings | Suspension takes effect automatically with no hearing |
| 5 | Trial, plea or dismissal | — |
| Clock | Weeks to months. No filing deadline runs against the driver. | Counted in days from the notice, and fixed by statute. |
The Watson Judicial Center
The clerk’s office is open Monday to Friday, 8am to 5pm, on (904) 819-3600. Its Criminal Division handles felonies, misdemeanors, criminal traffic and county and municipal ordinance cases; it calendars every criminal case that goes to court, attends each session, records the disposition and reports it to the proper authorities. Case files can be viewed through the clerk’s online Court Records Search, and documents can be viewed and printed free of charge.
The clerk summarises Florida’s misdemeanor grades as up to one year in the county jail for the first degree and up to 60 days for the second. Some minor misdemeanors where nobody was arrested — trespass, disorderly conduct, underage possession of alcohol and similar offenses under Administrative Order CR-2017-005-SC — can be settled by paying a fine instead of appearing. DUI is not on that list.
Richard O. Watson Judicial Center
- Hears
- Home of the St. Johns County Clerk of the Circuit Court, whose Criminal Division handles felonies, misdemeanors and criminal traffic
- Building
- Richard O. Watson Judicial Center
- Address
- 4010 Lewis Speedway, St. Augustine, FL 32084
- Detail
- Criminal Division felony email felony@stjohnsclerk.com
- Hours
- Monday to Friday, 8am to 5pm
- Phone
- (904) 819-3600
For traffic citations, the clerk sends unpaid fines to a collection agency 90 days after the compliance date, and the agency can add up to 40%. Where a license was suspended over an unpaid citation, the clerk can clear that suspension electronically for a Florida license — which does not reinstate the privilege — or send an out-of-state driver a D6 clearance letter to take to their home state.
Not sure which court your case is in?
Enter the ZIP code where the arrest happened and the full form opens with it filled in.
The release rule after a DUI arrest
Section 316.193(9) of the Florida Statutes says that a person arrested for DUI may not be released from custody:
- until they are no longer under the influence of alcohol, a listed chemical substance or a controlled substance to the extent that their normal faculties are impaired;
- until their blood-alcohol or breath-alcohol level is less than 0.05; or
- until eight hours have passed since the arrest.
The three conditions are joined by “or”, which is generally read to mean that release can follow once any one of them is met; the statute itself does not use the words “whichever comes first”. Boating under the influence, under section 327.35(8), carries the same rule.
The license. Separately, Florida gives 10 days from the notice to request review of the administrative suspension from the department.
| What happened | First time | With a prior | Authority |
|---|---|---|---|
| Failed the test | 6 months | 1 year | Fla. Stat. § 322.2615(1)(b)1.b. |
| Refused the test | 1 year | 18 months | Fla. Stat. § 322.2615(1)(b)1.a. |
Vehicle impoundment or immobilization
Section 316.193(6) attaches a vehicle sanction to every DUI conviction, whatever other penalty is imposed. For a first conviction the court places the defendant on probation for up to a year, with at least 50 hours of community service (a $10-an-hour fine may replace it only on a finding of hardship), and orders as a condition of probation the impoundment or immobilization of the vehicle the defendant was driving, or one vehicle registered in their name, for 10 days. A second conviction within five years brings at least 10 days in jail and 30 days’ impoundment of every vehicle the defendant owns; a third within ten years, at least 30 days in jail and 90 days. In each case the impoundment may not run at the same time as the jail term.
The order. The court issues it at sentencing, listing the immobilization agencies that meet the statute’s conditions. Within seven business days the clerk sends notice by certified mail to any registered owner other than the defendant and to every lienholder. The costs, including the cost of notification, are paid by the owner — or the person leasing or renting the vehicle — directly to whoever impounds or immobilizes it, unless the order is dismissed.
Dismissal. An owner who was not driving at the time can submit a police report showing the car was stolen, or proof that it was bought after the offense from someone other than the defendant; if the court finds the sale was not made to get around the order, the order must be dismissed at no cost to that owner. A purchase made directly from the defendant can also lead to dismissal after an evidentiary hearing, if the buyer did not know of the offense, has no other connection to the defendant and the purchase does not leave the defendant with access to the car. The court shall dismiss the order if the owner’s family has no other private or public means of transportation. It may dismiss it for vehicles driven only by the defendant’s employees, and if the defendant proves that a functioning, certified ignition interlock is installed on every vehicle they own or lease and routinely drive.
Impoundment periods by conviction
From section 316.193(6)(a) to (c).
| Conviction | Impoundment or immobilization | Which vehicles |
|---|---|---|
| First conviction | 10 days | The vehicle driven, or one registered to the defendant |
| Second within 5 years | 30 days | All vehicles the defendant owns |
| Third within 10 years | 90 days | All vehicles the defendant owns |
Where a lease or rental agreement expires sooner, the period is the unexpired term instead.
Other Florida pages on this site: Orange County, Lakeland, Naples and Panama City.
Common questions about St. Augustine DUI cases
How long will I be held after a DUI arrest in St. Augustine?
Section 316.193(9) bars release until you are no longer impaired, your alcohol level is under 0.05, or eight hours have passed since the arrest; the conditions are joined by 'or'.
Will my car be impounded after a Florida DUI?
On conviction the court must order impoundment or immobilization: 10 days for a first, 30 for a second within five years, 90 for a third within ten.
Can the vehicle impoundment be dismissed?
Yes, on grounds in section 316.193(6): it must be if your family has no other transport, and it may be if a functioning, certified interlock is installed on every vehicle you own or lease and routinely drive.
Who pays for the impoundment or immobilization?
The vehicle's owner (or the person leasing it), directly to the company that impounds or immobilizes it, unless the order is dismissed.
Where is the St. Johns County clerk's Criminal Division?
The clerk's Criminal Division, which handles criminal traffic, is at the Richard O. Watson Judicial Center, 4010 Lewis Speedway, St. Augustine.
Can I just pay a fine for a St. Johns County DUI?
No. The clerk's pay-instead-of-appearing list covers minor offenses such as trespass and disorderly conduct; DUI is not on it.
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More for Florida
- Florida DUI law — the full penalty matrix, the statutes, and the rules on priors and interlock
- Miami — the same state, a different courthouse problem
- Fort Lauderdale and Broward County — the same state, a different courthouse problem
- St. Petersburg and Pinellas County — the same state, a different courthouse problem
- Lakeland and Polk County — the same state, a different courthouse problem
- Orange County — the same state, a different courthouse problem
- Panama City and Bay County — the same state, a different courthouse problem
- Naples and Collier County — the same state, a different courthouse problem
- Key West and Monroe County — the same state, a different courthouse problem
- Sarasota — the same state, a different courthouse problem
- Tampa and Hillsborough County — the same state, a different courthouse problem
- Port St. Lucie and St. Lucie County — the same state, a different courthouse problem
- Refusing a breathalyzer — what implied consent costs here against what it buys
- How long it stays on your record — three records, three clocks
- SR-22 insurance after a Florida suspension — what the filing certifies and how long it runs
- Ignition interlock providers and costs in Florida — what the device costs and who installs it
Sources
- St. Johns County Clerk, criminal — read October 11, 2026
- St. Johns County Clerk, traffic — read October 11, 2026
- St. Johns County Clerk, contact — read October 11, 2026
- St. Johns County Clerk, home page (address and hours) — read October 11, 2026
- Fla. Stat. § 316.193 (subsections (6) and (9)) — read October 11, 2026
- Fla. Stat. § 316.193(1)(b)–(c) and the rest of the Florida statutes cited on this page — read in force 2026
Court addresses, hours and phone numbers were read from each court’s or office’s own published page on October 11, 2026. Those change without notice; confirm before you rely on them. No judge is named anywhere on this page, because a roster is exactly the kind of detail that goes stale silently.