First Offense DUI Attorney Miami

Facing Your First DUI in Miami? Get Trusted Legal Guidance Today

Handling a first-time DUI charge in Miami creates confusion and anxiety. You need clear answers from a legal team that understands the Miami system and Florida’s first-time offender programs. 

At Law Office of Armando J. Hernandez, P.A., we bring over 20 years of insight as both a prosecutor and a first offense DUI attorney in Miami, guiding you step by step. Our team stays available 24/7, communicates openly, and is ready to answer urgent questions as your case progresses.

Call the strategic first offense DUI attorney in Miami at (305) 400-0074 now. We are former prosecutors, we offer 24/7 availability and bilingual services, and we offer free consultations to initiate your defense.

Understanding Florida First Offense DUI Law

Florida law defines DUI in two primary ways, only one of which needs to be proven for a conviction:

• Impairment: Driving or being in actual physical control of a vehicle while impaired by alcohol, chemical substances, or controlled substances to the extent that the person's normal faculties are impaired.
• Per Se Violation: Driving or being in actual physical control of a vehicle while having a Blood Alcohol Content (BAC) of 0.08% or higher.

Aggravating Factors and Penalties

Even a first offense DUI carries enhanced penalties if specific factors are present:

• High BAC: If the BAC is 0.15% or higher, the minimum fine doubles (up to 2,000), and the maximum jail time increases to nine months. The court must also order the installation of an Ignition Interlock Device (IID) for at least six months.
• Minor Passenger: Committing DUI with a person under 18 years old in the vehicle triggers the same enhanced fines and IID requirement.
• Property Damage/Injury: If the incident involved property damage or minor injury, the charge is elevated to a First-Degree Misdemeanor, punishable by up to one year in jail.

The Law Office of Armando J. Hernandez, P.A. aggressively challenges the existence of these aggravating factors to mitigate potential punishment.

The Critical Two-Track Florida DUI Process

When arrested for first offense DUI in Florida, you face two separate, time-sensitive battles simultaneously, both of which our firm handles:

1. The Administrative License Revocation (ALR) Hearing

You have only 10 days from the date of arrest to file a formal request for an ALR Hearing to challenge this suspension. If you miss this deadline, your license will remain suspended for a minimum of 30 or 90 days (the "hard suspension").

Our firm demands this hearing immediately to secure a 42-day Temporary Driving Permit. More importantly, the hearing allows us to cross-examine the arresting officer under oath, securing valuable testimony that can be used to impeach the officer in the later criminal trial.

2. The Criminal Case

Our firm works toward securing a case dismissal or negotiating a reduction of the charge to Reckless Driving (often called "wet reckless" in the negotiation phase), which avoids the mandatory penalties of a DUI conviction.

We strongly advocate for eligible first-time offenders to enroll in the Back on Track program (DUI Pretrial Diversion). Successful completion leads to the DUI charge being reduced to Reckless Driving with adjudication withheld, allowing the client to eventually seal or expunge the criminal record—the best possible outcome.

Experience, Commitment & Personal Attention Make the Difference

Your choice of representation for a first DUI can make all the difference. At Law Office of Armando J. Hernandez, P.A., we combine years of trial work with a boutique approach, so every client receives focused attention and all our available resources. 

Armando J. Hernandez, our lead attorney, uses his former prosecutor experience to understand how the state builds DUI cases in Miami and what options may be available for first-time offenders. Our national recognitions, including listings by The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys®, underscore our dedication to quality and results. We also provide Spanish-language counsel for clients who need it most.

 Our process includes:

• Comprehensive case review: We carefully evaluate the stop, arrest, evidence, and local law enforcement procedures used in your DUI event.
• Direct attorney communication: Our team provides frequent status updates and remains accessible for urgent questions, ensuring that you are never left in the dark.
• Localized insight: We understand how Miami-Dade courts schedule hearings, interpret first-time offenses, and apply relevant local options for eligible clients.
• Personalized defense strategies: Every client receives advice based on years of trial work and prosecutorial experience, paired with a focus on each person’s unique situation.

Many first-time DUI clients worry about how their record, job, and day-to-day life in South Florida could be affected. Our attorneys discuss expected timelines, court hearing dates, and potential eligibility for programs, such as Back on Track or other local alternatives. 

With a defense team who knows the Miami-Dade legal community inside and out, you stay prepared for every important date and requirement. We focus on practical guidance and honest communication, so you know your options at every stage.

For urgent representation against a first offense DUI, call the Law Office of Armando J. Hernandez, P.A. today—call (305) 400-0074 or reach out online.