If you've been arrested for DUI in Miami or Miami-Dade County, you're probably wondering what happens next. Understanding the process—from first offense penalties to license suspension and your options—can help you make informed decisions. A Miami DUI lawyer can guide you through each step and protect your rights.
The DUI Arrest Process
After a DUI arrest in Miami, you'll be taken to a Miami-Dade facility for booking. Police will process you, and you may be asked to submit to a breath test. Florida's implied consent law means that by driving, you've agreed to chemical testing if lawfully arrested for DUI. Refusing triggers an automatic license suspension. You have the right to remain silent and to speak with an attorney. Contact a Miami DUI lawyer as soon as possible—ideally before making statements or decisions about testing.
License Suspension After DUI
Miami DUI license suspension works two ways: administratively (from the DHSMV) and criminally (from a conviction). If you refuse a breath test or test 0.08 or above, the DHSMV will suspend your license. You have only 10 days to request a formal review hearing to challenge the administrative suspension. A first refusal means a one-year suspension; a first test failure means a 6-month suspension. A Miami DUI lawyer can represent you at the hearing and in the criminal case.
How long does a DUI stay on your record in Florida? A DUI conviction stays on your Florida driving record for 75 years. It can affect insurance, employment, and future penalties for repeat offenses.
Florida DUI Penalties
First DUI offense Miami penalties typically include: fines of $500–$1,000 (or $1,000–$2,000 if BAC was 0.15 or higher), up to 6 months in jail, probation, DUI school, 50 hours community service, 10-day vehicle impoundment, and license revocation. Florida DUI refusal penalties add an automatic license suspension. A second DUI within 5 years carries harsher penalties, and a third can be a felony.
Having a Miami DUI lawyer can help you understand your exposure and pursue defenses. We also handle federal criminal defense and other charges—see our case results for representative outcomes.
Can a DUI Be Dismissed?
Can a DUI be dismissed in Florida? Yes, in some cases. Defenses may include: challenging the legality of the traffic stop, challenging the validity of the breath test or its administration, challenging the accuracy of blood tests, or arguing insufficient evidence. If the judge suppresses key evidence (for example, due to an illegal stop), the prosecutor may have to dismiss or reduce the charges. Not every case can be dismissed, but an experienced Miami DUI lawyer will evaluate your case and identify potential defenses. A DUI breathalyzer refusal lawyer Miami can also advise on the strategic implications of refusal.
Speak With a Miami DUI Lawyer
If you've been arrested for DUI in Miami-Dade, don't wait. The 10-day deadline for the administrative license hearing passes quickly. A Miami DUI lawyer can request the hearing, review the evidence, and represent you in both the administrative and criminal proceedings. We offer a free consultation. Contact our office to discuss your case.
For more information, see our guide to DUI charges in Florida, our FAQ, or contact our office for a Free Consultation.