Miami DUI Lawyer

Former Prosecutor. Boutique Firm. Available 24/7.

A DUI arrest in Miami moves fast. Officers submit reports, the Miami-Dade State Attorney’s Office begins building its file, and a 10-day clock starts running on your driver’s license from the moment of arrest. How you respond in those first days shapes everything that follows.

At the Law Office of Armando J. Hernandez, P.A., our Miami criminal defense lawyers bring a specific advantage to DUI defense: Attorney Armando J. Hernandez spent years as a Miami-Dade prosecutor before crossing to the defense side. He knows how the State Attorney’s Office assembles its DUI file, what its attorneys look for in a breathalyzer report, and where a case is vulnerable before the prosecution has even reviewed it. That perspective, combined with 24/7 availability, a boutique practice that dedicates full resources to each client, and services in Spanish, is what we bring to your defense.

Arrested for drunk driving? Contact Law Office of Armando J. Hernandez, P.A. today for a free consultation. Call (305) 400-0074. We answer nights, weekends, and holidays.

What Florida DUI Law Actually Criminalizes

Florida Statute 316.193 makes it a crime to drive or be in actual physical control of a vehicle while impaired by alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher. Impairment means a reduction in normal faculties, balance, coordination, vision, hearing, or judgment, to a degree that makes driving unsafe. The statute doesn’t require a BAC reading to support a charge; observable impairment alone is sufficient.

Alcohol isn’t the only substance that triggers a DUI under Florida law. Prescription medications, over-the-counter drugs, and controlled substances that affect driving ability all qualify. Under Florida’s implied consent law, anyone operating a vehicle in the state has legally consented to chemical testing if lawfully arrested for DUI. Refusing that test doesn’t prevent a charge. It triggers an automatic license suspension independent of any conviction.

DUI Penalties in Florida by Offense Level

The consequences of a DUI conviction in Florida escalate sharply with each offense. Beyond the statutory penalties below, a conviction carries a 75-year criminal record retention period, SR-22 insurance requirements, and potential complications with employment and professional licensing.

First DUI

• Jail and fines (BAC 0.08%–0.14%): Up to 6 months in jail; fines of $500–$1,000.
• Jail and fines (BAC 0.15% or higher): Up to 9 months in jail; fines of $1,000–$2,000.
• License suspension: 180 days to 1 year.
• Vehicle impoundment: Up to 10 days.
• Ignition interlock: May be required up to 6 months, particularly for BAC above 0.15%.

A first DUI offense in Florida also includes mandatory DUI school and up to 50 hours of community service. The professional consequences, employer background checks and professional licensing complications, often outlast the legal penalties.

Second DUI

• Jail and fines (BAC 0.08%–0.14%): Up to 9 months in jail; fines of $1,000–$2,000.
• Jail and fines (BAC 0.15% or higher): Up to 12 months in jail; fines of $2,000–$4,000.
• Within 5 years of first conviction: Mandatory minimum 10 days jail; 30-day vehicle impoundment; license suspension up to 5 years.
• Ignition interlock: 1 year (BAC 0.08%–0.14%); 2 years (BAC 0.15% or higher).

For more on what a second or subsequent DUI means for your case, see our dedicated page.

Third DUI (Within 10 Years)

• Felony classification: Third-degree felony.
• Jail: Mandatory minimum 30 days; up to 5 years in prison.
• Fines: $2,000–$5,000.
• License suspension: Up to 10 years; hardship reinstatement eligibility after 2 years.
• Vehicle impoundment: 90 days.
• Ignition interlock: Required for 2 years.

Fourth DUI

• Felony classification and prison: Felony conviction; up to 5 years in prison.
• License: Permanent lifetime revocation. Under Florida law, a driver may be eligible to petition for hardship reinstatement after five years, subject to strict conditions.

Aggravated DUI Offenses

Florida law imposes separate, elevated penalties for DUI offenses involving injury or death. Aggravating factors can dramatically change the charge and its consequences.

• DUI with serious bodily injury: Up to 5 years imprisonment and fines up to $5,000.
• DUI manslaughter: Up to 15 years imprisonment and fines up to $10,000.
• DUI manslaughter with leaving the scene: Up to 30 years imprisonment.

DUI Involving Drugs

DUI drug cases in Miami typically involve chemical testing of urine or blood. Under Florida law, it’s illegal to operate a vehicle while normal faculties are impaired by a controlled substance. The statutory penalties mirror those for alcohol-based DUI, and many common prescription and over-the-counter drugs can produce observable impairment. Drug recognition officers are increasingly deployed across Miami-Dade County.

Boating Under the Influence

BUI: boating under the influence is a separate serious offense in Florida.

Penalties for a first BUI conviction include:

• Up to 6 months in jail and fines of $500–$1,000.
• Mandatory probation, community service, substance abuse education, and vessel impoundment of up to 10 days.

What Happens After a DUI Arrest in Miami

The 10-day clock is the first thing most people don’t know about. From the moment of arrest, you have exactly 10 days to request a formal review hearing with the Florida DHSMV or apply for a hardship license. Miss that window and your license is automatically suspended. File within 10 days and you receive a 42-day temporary driving permit, so you can keep working while we contest the suspension.

We handle that filing immediately. Here’s how the process unfolds from there:

• The 10-Day DHSMV Filing: We request the formal review hearing on your behalf and secure the temporary permit. This step can’t wait.
• The Formal Review Hearing: This DHSMV hearing is a strategic opportunity we use deliberately. We can place the arresting officer under oath and cross-examine them before the Miami-Dade State Attorney’s Office has reviewed the file. What the officer says here matters when the case reaches the courtroom.
• Arraignment at the Richard E. Gerstein Justice Building: We enter a not-guilty plea and demand full discovery: DUI room video, breathalyzer maintenance logs, body camera footage, and the officer’s report.
• Pre-Trial Motions: We review the Intoxilyzer 8000’s maintenance and calibration records against FDLE standards. If the machine wasn’t properly maintained, the BAC result may be challenged. Body camera footage is reviewed to assess whether impairment was actually visible.
• Trial or Plea Negotiation: Where the state’s evidence has been successfully challenged, a reduction to reckless driving, sometimes called a “wet reckless”, may be possible. When the state won’t offer a fair resolution, we’re prepared to take your case to a jury.

How We Defend DUI Cases in Miami-Dade County

We don’t default to a quick plea. Our approach is technical, scientific, and built around the specific facts of your arrest, not a generic template. Attorney Hernandez has over 20 years of Florida criminal law experience, and our firm is recognized by The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys®.

• Challenging Field Sobriety Exercises: Field sobriety exercises are vulnerable to outside interference. Fatigue, medical conditions, uneven pavement, or the disorienting lights of a patrol car on the Palmetto Expressway can produce results that look like impairment in a completely sober person. We identify every factor the prosecution won’t mention.
• Intoxilyzer 8000 Forensics: The Intoxilyzer 8000 makes physiological assumptions that don’t hold for every individual. We challenge mouth alcohol contamination, the required 20-minute observation period before testing, and the machine’s calibration history against FDLE standards.
• Constitutional Stop Analysis: An officer needs reasonable suspicion to make a traffic stop and probable cause to make an arrest. A hunch isn’t enough. An illegal stop can result in suppression of everything gathered afterward, including the BAC result. We investigate the legal basis for every stop.
• Body Camera Review: We review all available footage to assess whether your normal faculties actually appeared impaired, or whether the arrest narrative overstates what the video shows.

If you’re facing felony DUI charges, the stakes are higher still. We apply the same technical approach to the most serious cases, including DUI manslaughter charges in Miami-Dade County.

FAQs About DUI Charges in Miami

What Should I Do If I’m Pulled Over for Suspicion of DUI?

Remain calm and provide your license, registration, and insurance. Beyond that, stay silent. Don’t discuss where you’ve been, what you’ve had to drink, or agree to field sobriety exercises without first speaking to an attorney. Invoke your right to counsel and contact us as soon as you’re able. The statements you make at the roadside are among the most damaging pieces of evidence in a DUI case.

Can I Fight a DUI Charge If My BAC Was Above 0.08%?

Yes. A BAC reading above 0.08% is evidence, not automatic proof of guilt. The Intoxilyzer 8000’s calibration records, the required 20-minute pre-test observation period, and the possibility of mouth alcohol contamination can all affect whether that result is admissible or reliable. If the traffic stop itself lacked reasonable suspicion, suppression of the BAC reading may be possible regardless of what it showed. Every case turns on its specific facts.

What Are the Penalties for Refusing a Breathalyzer in Florida?

Florida’s implied consent law makes refusal costly. A first refusal results in a 1-year license suspension. A second refusal carries an 18-month suspension and is a first-degree misdemeanor. Refusing doesn’t eliminate the DUI charge. The prosecution can argue consciousness of guilt from the refusal itself. A drunk driving lawyer in Miami can help you understand how refusal affects the specific facts of your case.

How Can a DUI Affect My Insurance?

A DUI conviction in Florida typically results in significantly higher premiums, reclassification as a high-risk driver, or policy cancellation. Most insurers will also require an SR-22 certificate of financial responsibility, which must be maintained for a set period. These financial consequences can persist long after the legal penalties are resolved. That’s one of the strongest reasons to contest the charge aggressively from the start.

How Long Does a DUI Stay on My Record?

In Florida, a DUI conviction stays on your criminal record for 75 years: effectively a permanent mark. Sealing or expunging a DUI conviction is generally not permitted under Florida law. That record surfaces in employment background checks, professional licensing reviews, and housing applications, which is why accepting a quick resolution without a fight can have consequences that outlast every fine and court date.

If you’re facing DUI charges in Miami-Dade County, call Law Office of Armando J. Hernandez, P.A. at (305) 400-0074 or contact us online to schedule a free consultation. We answer nights, weekends, and holidays.