Missing Your DUI Court Appearance Can Lead to a Warrant, New Charges, and Jail Time—Here’s What You Need to Know and How a Melbourne DUI Attorney Can Help
When you’re facing DUI charges in Florida, showing up to court is absolutely critical. At Murphy & Downs Law Offices in Melbourne, FL, we often see clients who miss court appearances due to emergencies, miscommunication, or panic. But missing your DUI court date can result in severe legal consequences—including a bench warrant, new criminal charges, and possible jail time.
As a Melbourne DUI attorney, I can tell you that acting quickly after a missed appearance can make a significant difference. Here’s what Florida law says, what you should expect, and how legal representation can help you avoid additional penalties.
Understanding Florida Statutes § 843.15 Under Florida Statute § 843.15, failing to appear in court is a separate criminal offense. If you were released on bond for a criminal charge and willfully fail to appear, the penalties can be serious:
- If your original charge is a felony, the failure to appear is charged as a third-degree felony.
- If your original charge is a misdemeanor, failing to appear is a first-degree misdemeanor.
That means even if your original DUI is a misdemeanor, missing court can add another charge that may carry even harsher penalties.
Immediate Consequences of Missing DUI Court If you miss your scheduled court hearing, the judge can take swift action, including:
- Issuing a bench warrant for your arrest
- Revoking your bond or ordering a higher bond
- Suspending your driver’s license
- Charging you with failure to appear under Florida law
- Disqualifying you from diversion programs or lenient plea offers
If you are pulled over or stopped for any reason, you could be arrested immediately and held without bond until your case is addressed.
Case Example from Murphy & Downs Law Offices
One of our clients missed a DUI hearing due to moving and not receiving notice of the new court date. A bench warrant was issued. Within 24 hours of contacting our office, we filed a motion to quash the warrant and presented documentation showing the move and lack of notice. The judge rescinded the warrant, and we continued working on the DUI defense. This is a clear example of how hiring a Melbourne DUI attorney early can protect your freedom.
Valid Defenses to a Failure to Appear Charge To avoid additional penalties, we must demonstrate that your failure to appear was not willful. Common defenses include:
- Lack of proper notice of the court date
- Medical emergencies or hospitalization
- Family emergencies
- Errors in court or bond paperwork
- Relying on incorrect information from the court or bondsman
Your defense is stronger when presented promptly and backed by documentation. At Murphy & Downs Law Offices, we know how to present these defenses effectively to judges across Brevard County.
What to Do If a Warrant Has Been Issued If there is an active bench warrant for your arrest, do not try to resolve it on your own. Walking into court without representation can result in being taken into custody. Instead, your Melbourne DUI attorney can:
- File a motion to quash the warrant
- Schedule a hearing to address the missed appearance
- Present your defense and supporting evidence
- Request reinstatement of your bond or release
This approach increases your chances of avoiding jail and allows your DUI case to continue without the added complication of new charges.
Why You Need a Melbourne DUI Attorney
Time is of the essence when you’ve missed a court appearance. Public defenders are often only assigned once you’re in custody. That delay can lead to avoidable consequences. When you hire a private attorney at Murphy & Downs Law Offices, we act immediately to protect your rights, challenge any added charges, and move your case in the right direction.
Whether you’re dealing with a bench warrant or trying to avoid further complications, we bring the experience and attention your case deserves. Don’t let one missed date derail your future.
FAQs – Missing a DUI Court Date in Florida
What happens if I missed court and didn’t know about it? If you missed your court date due to a lack of notice, we can file a motion explaining the situation. If the judge agrees that the absence wasn’t intentional, you may avoid new charges and get a new court date scheduled.
Will I go to jail if I turn myself in? Not necessarily. Your attorney can request a hearing before you surrender and may persuade the judge to cancel the warrant. We regularly help clients resolve warrants without time in custody.
Is missing DUI court a separate crime? Yes. It can result in a new misdemeanor or felony charge under Florida Statute § 843.15.
Can my license be suspended for missing court? Yes. The court can notify the DMV, which can initiate a suspension. Taking action quickly with your attorney can prevent or reverse this.
How long does a bench warrant last in Florida? Indefinitely. It stays active until you are arrested or the court recalls it.
Can I get the failure to appear charge dropped? Yes, especially if we can prove your absence wasn’t willful. We’ve successfully done this for many clients.
Should I contact the court myself? No. It’s best to let your attorney handle all communication to protect your rights and prevent unintended consequences.
Contact Murphy & Downs Law Offices If you missed a DUI court date in Florida or suspect a warrant has been issued, don’t wait. The legal team at Murphy & Downs Law Offices in Melbourne, FL, is ready to help you take control of the situation.
Call us now to schedule a confidential consultation. We’ll help you resolve the missed appearance and build the strongest defense possible in your DUI case.