For licensed professionals, physicians and nurses, pilots, lawyers, real estate agents, financial advisors, executives, the real damage is often collateral: mandatory self-reporting to boards, public licensing records, credentialing or employment fallout, travel and insurance issues, and background checks that are flagged. Florida law makes these risks sharper than many realize because DUI adjudication cannot be withheld and the conviction, if entered, sticks.
The legal reality in Florida: why a DUI “conviction” follows you
Florida’s DUI statute criminalizes driving or simply being in “actual physical control” while impaired, or with a breath/blood alcohol level at or above 0.08. The penalties ratchet up with aggravators such as high BAC or a crash with injury. That framework is set out in section 316.193 of the Florida Statutes.
Here is the part that professionals cannot afford to ignore: under section 316.656, courts are prohibited from withholding adjudication for DUI. In plain English, if you are found guilty of DUI in Florida, the court must enter a conviction; it cannot “withhold” to spare you a record. That mandatory adjudication is why a DUI conviction follows you across licensing, employment, and background checks.
The Ten-day clock that starts the Moment you’re Arrested
Florida runs two tracks at once after a DUI arrest: the criminal case in county court and a fast administrative suspension of your driver’s license through the Department of Highway Safety and Motor Vehicles. You have just ten days from the arrest or notice of suspension to request a formal or informal review with the Bureau of Administrative Reviews (using HSMV Form 78065). Miss it, and the administrative suspension takes effect. That ten-day deadline is written into the state’s own BAR materials and the DHSMV form itself.
For professionals, that early administrative step is not cosmetic. Driving privileges affect clinical schedules, courtroom appearances, sales calls, site visits, and client meetings; more importantly, the administrative file often becomes discovery in the criminal case. Handling the DMV piece promptly is part of protecting the larger defense. FLHSMV’s guidance also explains how formal and informal reviews work and how hardship eligibility fits into the picture.
Palm Beach specifics: diversion, venue, and what “local” really means
Palm Beach County (15th Judicial Circuit) has long maintained a first-time DUI offender program with published eligibility and completion requirements. Terms and availability can change, but where appropriate this option can redirect a case away from a DUI conviction and toward an outcome that limits licensing damage. Always check current criteria with the State Attorney’s Office and evaluate fit against your professional reporting obligations.
Your case will run in the Fifteenth Judicial Circuit with filings and calendars coordinated through the Clerk of the Circuit Court & Comptroller, which maintains public access to criminal and traffic records. Understanding venue, judge assignments, and local administrative practices helps the defense team plan a path that protects both your court record and your credentialing profile.
The licensing landmines for professionals (and their deadlines)
Health-care licensees overseen by the Florida Department of Health must self-report any criminal conviction or plea (including nolo) to the board or DOH within 30 days; failure to report is itself a disciplinable offense under section 456.072. A DUI adjudication can thus generate a second problem: a regulatory case if you miss the reporting clock.
Most DBPR-regulated licensees, including real estate professionals, face a parallel 30-day self-report rule under section 455.227 and DBPR guidance. The department even publishes a criminal self-reporting form and reiterates the deadline. Professionals who assume “it was only a misdemeanor” often learn about this duty the hard way.
Lawyers have an even tighter trigger: the Florida Supreme Court has clarified that a Bar member charged with a felony must notify the Executive Director within ten days of the indictment or information and must provide judgments for any criminal offense within ten days of entry. Ignore that and you risk discipline separate from the criminal case.
Pilots must report any alcohol- or drug-related “motor vehicle action” to the FAA within 60 days under 14 C.F.R. § 61.15 and ensure their medical and airman applications remain consistent; multiple actions in three years can trigger additional penalties.
Registered reps and investment advisers must address DUI events on Form U4/U5 per FINRA guidance; depending on the facts, a DUI can be “reportable” and appear on Broker Check. Early coordination with compliance is essential to avoid contradictory filings.
Strategy that protects the license, not just the case
Because DUI adjudication may not be withheld, the defense objective is often to prevent a DUI conviction in the first place, through dismissal on legal grounds, a not-guilty verdict, or a negotiated reduction to a non-DUI offense when the facts and policy permit. The difference is enormous: a DUI conviction is effectively permanent, while certain reduced outcomes may preserve eligibility to seal or expunge an arrest record through FDLE if statutory criteria are met. If your case resolves favorably (dismissal or certain reductions), your lawyer can guide you through FDLE’s certificate and petition process; if it ends in a DUI conviction, that sealing route is off the table because adjudication cannot be withheld.
Protecting a professional license also means harmonizing timelines: the ten-day DHSMV review request, any diversion enrollment windows in Palm Beach, and the 30- or 60-day board/agency reporting clocks. Counsel should script what to report, when, and how—often coordinating with in-house compliance or credentialing so the board reads an accurate, consistent narrative supported by documents rather than rumor or raw arrest data. Where federal reporting applies (FAA, FINRA), those filings must align with state disclosures.
The first seventy-two hours: what to actually do
Call experienced DUI counsel immediately and get the DHSMV review on calendar before the ten-day window closes. Preserve evidence that may show no driving, rising BAC, improper stop, or machine issues; save texts, ride-share receipts, surveillance leads, and witness lists. Loop in licensing counsel early to map self-reporting duties and draft any board-facing disclosures that cannot wait until the criminal case ends. If the Palm Beach first-offender program might fit, confirm current eligibility quickly; if not, focus on motions practice, expert review, and negotiation aimed at outcomes that avoid a DUI conviction.
When your livelihood depends on a clean professional profile, a Palm Beach DUI is not a problem to “ride out.” It is a time-sensitive legal, regulatory, and reputational event that must be managed as one integrated matter, from the DMV counter to the courtroom to the licensing board inbox.
Contact George Law for a confidential consultation.
