DUI Defense Lawyer in Miami, FL

If you or a loved one has been arrested for a DUI, it is critical to consult with an experienced Miami DUI attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your Miami case with a favorable outcome.

Florida DUI Law & Penalties

Driving while under the influence of alcoholic beverages or a controlled substance is one of the most serious traffic violations you can commit. In fact, it is classified as a traffic crime and in most circumstances a misdemeanor or, under more limited circumstances, even a felony. Under Florida Statute § 316.193, a standard first DUI conviction carries up to six months in jail and a $500–$1,000 fine, plus court costs. Other requirements generally include probation, DUI school and evaluation, at least 50 hours of community service, and a 10-day vehicle impoundment or immobilization, subject to statutory exceptions. For a first conviction without serious bodily injury or death, license revocation generally ranges from 180 days to one year. A blood- or breath-alcohol level of .15 or higher, or a passenger under 18, raises the first-offense fine to $1,000–$2,000 and the maximum jail term to nine months; ignition-interlock requirements also apply. Repeat offenses and cases involving injury or death carry greater penalties.

Implied Consent Law & Refusals

If you operate a motor vehicle in the State of Florida, you are subject to the “implied consent” law. This means that because you are operating a motor vehicle in the State of Florida, you have agreed to take a chemical test of your breath if you are arrested by a law enforcement officer who believes you are under the influence of alcoholic beverages. A urine test can be requested if drugs are suspected. A blood test can be requested under some limited circumstances. If you have a Florida driver’s license, the statement, “I hereby consent to any chemical test for sobriety as required by law” appears directly above your signature.

These tests are to determine your blood alcohol or drug level — to find out how much alcohol or drugs are in your bloodstream. If you refuse to take the test, you are subject to a suspension — taking away — of your driver’s license for a period of one year for a first refusal and a period of 18 months if your driving privilege has been previously suspended for refusing to submit to such a test. Refusing a lawful breath or urine test can also lead to a separate criminal charge under Florida Statute § 316.1939: a second-degree misdemeanor for a first refusal or a first-degree misdemeanor for a second or subsequent refusal, provided the State proves the required warnings and other statutory elements. If you take the test and the test reveals a blood alcohol level of .08 or higher, the periods of suspension are six months or one year if a prior violation exists on one’s record. An acquittal at trial requires the department to invalidate an administrative suspension based on an unlawful alcohol level. It does not invalidate a refusal-based suspension. You do not have the right to have your own doctor give you the test at the time of the arrest, and you do not have the right to have an attorney present when you take such a test. You do have the right to have a second test administered by a physician or a laboratory technician of your choice. However, the second test must be paid for by you.

An administrative suspension begins when the notice of suspension is issued. An otherwise eligible driver receives a 10-day temporary driving permit. The suspension itself lasts longer, as described above.

Administrative Review of License Suspension

You then have a right to review the action of the officer as follows:

Under Florida Statute § 322.2615, a driver must request formal or informal review within 10 days after the notice of suspension is issued.

If the person arrested requests a formal review, the department shall schedule a hearing within 30 days of receiving the request. The driver may request subpoenas for eligible officers and witnesses, subject to statutory limits and the applicable service, notice, and fee requirements.

At the hearing, the hearing officer, who is employed by the Dept of Highway Safety and Motor Vehicles, shall receive into evidence any documents timely submitted to the division, including the citation, arrest affidavit, breath or blood test results, refusal affidavit, alcohol influence report, and any videotape of the driver. The hearing officer shall determine from these documents and any relevant evidence presented by the driver whether a preponderance of the evidence supports the suspension. The department must send notice of its decision within seven working days after the formal review hearing. A driver may appeal the order by petition for writ of certiorari to the circuit court.

If the person requests an informal review, the department shall conduct one, consisting of an examination of all materials submitted by the officer and the driver. No testimony of a witness or other evidence shall be heard. The hearing officer shall determine whether a preponderance of the evidence supports the suspension. The order shall be transmitted to the driver no later than 21 days after the expiration of the temporary permit. A driver may appeal an informal review order by petition for writ of certiorari to the circuit court.

You will definitely want to contact an attorney immediately regarding these matters, given the strict deadlines involved.

Before driving, confirm that your license or permit authorizes you to do so. Knowingly driving with a suspended license can lead to a separate criminal charge.

Contact an Experienced Miami DUI Attorney

Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Feel free to browse the results section of our site for a representative sample of our past cases and the results we have achieved for our clients.

By taking the immediate action of hiring an attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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