What Happens If You’re Pulled Over in Florida With an Outstanding Warrant?

Pulled Over With a Warrant in Florida? Here's What You Need to Know

If you're driving down I-4 or stuck in traffic on US-1 and you get pulled over by a Florida law enforcement officer, things can take a serious turn if you have an outstanding warrant. Whether it's a bench warrant for missing a court date, a warrant tied to a previous DUI arrest, or a capias for unpaid fines, getting stopped with a warrant can lead to an immediate arrest, jail time, and even added criminal charges.

As a Florida DUI Defense Lawyer, I've helped people across the state handle situations just like this—people who didn't even realize they had a warrant, and others who knew but didn't expect to be stopped that day. No matter what brought you to this point, there are ways to fight for a better outcome, and it starts with understanding what happens during and after that traffic stop.

Florida Law Allows Arrest on Any Valid Warrant

Under Florida Statutes §901.02, a law enforcement officer may arrest you if a court has issued a warrant for your arrest:

"A judge...may issue a warrant for the arrest of the person complained against if the judge...finds that probable cause exists for the issuance of such warrant."

Once you've been stopped, even for a minor infraction like speeding or a broken taillight, the officer will typically run your name through the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) databases. If a warrant shows up, they are authorized—and often required—to take you into custody on the spot.

Depending on the type of warrant, you may be taken straight to the county jail where the warrant was issued, or held until extradition arrangements can be made. This is true whether you're a Florida resident or visiting from another state.

Types of Warrants That Lead to Arrest During a Stop

Not all warrants are the same. I regularly see clients arrested during traffic stops for:

• Bench Warrants — often issued when someone misses a court appearance or fails to comply with a court order.
• Capias Warrants — for failing to pay fines or fees related to a prior DUI or criminal case.
• Arrest Warrants — issued when probable cause has been established in a new case (such as a DUI or drug offense under investigation).
• Violation of Probation (VOP) Warrants — these can be especially serious, resulting in a "no bond" hold.

Each type of warrant carries different consequences, and the strategy for resolving your case depends on the original charge and what stage of the process you're in.

Real Case Example: Client Arrested at DUI Checkpoint for Out-of-County Warrant

A client of mine, let's call him Mark, was stopped at a DUI checkpoint in Hillsborough County. He wasn't intoxicated, and there was no criminal behavior during the stop. But when the officer ran his name, a bench warrant came up from three years prior in Miami-Dade for failure to appear on a misdemeanor marijuana possession charge.

Mark had moved to Tampa, didn't receive the court summons due to an old address, and assumed the matter was behind him. Instead, he was cuffed on the spot and taken to jail. Fortunately, we were able to secure a same-day bond and filed a motion to quash the warrant. I got the old case reopened, the bench warrant lifted, and the underlying charge dismissed after negotiation with the Miami-Dade State Attorney.

Without immediate legal intervention, Mark would have sat in jail for days, potentially lost his job, and faced further penalties.

What Happens After the Arrest?

After your arrest, the next steps depend heavily on the type of warrant and which court issued it. In most cases, you'll be transported to the jail in the issuing county. For minor offenses, there may be an opportunity to bond out quickly—but only if the warrant isn't a "no bond" hold.

Florida Statutes §901.16 outlines that officers must inform you of the cause of the arrest, and §901.04 addresses the execution of out-of-county warrants. You'll likely have an initial appearance before a judge within 24 to 48 hours, but court backlogs can delay this process.

The consequences can snowball if you don't act fast with legal representation.

Additional Charges Can Result From the Stop

It's not just the warrant you need to worry about. If the officer finds anything else during the stop—such as an open container, a suspended license, or drugs in your car—you may be facing brand new charges stacked on top of your warrant.

Under Florida Statutes §316.193 (the DUI statute), officers have authority to arrest for driving under the influence if probable cause is established during the stop. And if your license is suspended, §322.34 kicks in with potential jail time and steep fines.

Having a private Florida DUI Defense Lawyer at this stage can make the difference between one case and a series of escalating legal problems.

Defenses and Strategies to Challenge the Warrant or Underlying Charges

Even if you are arrested on a warrant, that doesn't mean the case is closed. There are several possible defenses and legal strategies we may be able to pursue:

• Motion to Quash the Warrant — If proper notice wasn't given, or if the warrant was issued in error, we may be able to have it thrown out.
• Lack of Probable Cause — In some DUI warrant cases, we can challenge the original basis for the arrest.
• Due Process Violations — If you were never notified of a court date, a judge may agree to reinstate your bond and reschedule the hearing.
• Negotiated Resolution — We often reach agreements that convert a warrant arrest into a court date, community service, or payment plan, especially in older or low-level cases.
• Case Dismissal — In some instances, we've been able to get the underlying charges dismissed entirely based on constitutional violations, evidentiary issues, or statute of limitations.

The key is acting quickly and building a legal argument tailored to your situation.

Why You Need a Private Attorney Immediately

If you've been arrested, or even if you suspect there's a warrant in your name, waiting will not make the situation go away. In fact, every day you wait may increase your exposure to additional legal penalties, longer jail time, and complications that could affect your job, driver's license, or immigration status.

Public defenders are often overburdened and may not be available until your first court date. By that point, you may already be sitting in jail, with the damage done. When you work with a private Florida DUI Defense Lawyer like me, I can step in immediately—file the motions that need to be filed, coordinate with the courts across counties, and develop a plan to resolve the case with the least impact on your life.

Can You Be Stopped for a DUI and Arrested on a Warrant at the Same Time?

Yes, and it happens more often than you'd think. I've had clients pulled over under suspicion of DUI, only to have a bench warrant from years prior pop up. Suddenly they're facing multiple charges and a longer jail stay.

The combination of DUI and warrant issues complicates the defense strategy, but it also opens the door for legal motions that can challenge both. In some cases, we've been able to negotiate dismissal of the underlying warrant once the DUI was addressed. In others, we used the unlawful detention argument to suppress evidence obtained during the stop.

The sooner we get involved, the more options we can explore.

What If You Live Out of State?

If you were stopped while visiting Florida and arrested on an outstanding Florida warrant, you'll need local counsel. Some counties allow for remote resolutions or motions to appear by waiver, especially for minor offenses. But if the warrant is for a DUI, domestic violence, or probation violation, you'll likely be required to return to Florida for court.

We've represented clients from across the country in resolving Florida warrants quickly, often without requiring them to come back in person. That's only possible if you have a local defense lawyer who understands the Florida court system and can act fast.

Florida DUI Defense Frequently Asked Questions

What should I do if I suspect I have a warrant in Florida?

You should contact a criminal defense attorney immediately. Do not attempt to handle it yourself or assume the court will notify you. In many cases, we can conduct a confidential warrant check and begin preparing a strategy before an arrest ever occurs. That preparation often allows us to negotiate with the court or law enforcement to avoid jail entirely.

Can I bond out the same day I'm arrested on a warrant?

It depends on the type of warrant and the county where you're arrested. Some warrants come with preset bond amounts, which means you may be able to bond out within a few hours. However, "no bond" warrants—especially those tied to probation violations or felony charges—require a first appearance hearing, which can delay your release. We can often petition the court to set a bond or expedite your appearance.

Will I get extradited if the warrant is from another county?

Yes. If you're arrested in a different county from where the warrant was issued, you may be held until transportation arrangements are made. This can take several days. We can sometimes file a motion to transfer or resolve the warrant in your current location, saving time and stress.

What if I didn't know about the warrant? Can I still be arrested?

Yes. Lack of knowledge won't stop law enforcement from making an arrest. However, if you genuinely didn't know about the court date or weren't properly notified, we may be able to use that as the basis for a motion to quash the warrant or reinstate your previous bond. That's why it's critical to speak to an attorney as soon as you learn about the warrant.

Can my DUI case get worse because of an old warrant?

Absolutely. If you're facing a new DUI charge and the court sees a pattern of failures to appear or probation violations in your record, prosecutors may be less willing to offer favorable plea deals. They may push for jail time or higher fines. Part of our job as your defense lawyer is to clean up the past so we can put you in the best position to fight the new charges.

What happens if the officer finds drugs in my car while arresting me for a warrant?

You can be charged with new offenses. A warrant arrest opens the door to a vehicle search, especially if you're being taken into custody and the car needs to be impounded. If illegal items are found, you'll face additional charges. That's why every detail of the stop needs to be reviewed—was the stop legal, was the search valid, were your rights violated?

Florida DUI Defense Lawyer – Call Now If You're Facing Arrest on a Warrant

If you've been stopped by law enforcement in Florida and you have an outstanding warrant, your next steps can have a lasting impact on your freedom, finances, and future. Whether the warrant is for a missed court date, an old DUI case, or a probation violation, the clock is ticking. You need a defense attorney who can act immediately and build a plan to protect you.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.