Overview
In Florida, driving under the influence is taken seriously by prosecutors — and a single arrest can trigger two separate proceedings: a criminal case in county or circuit court and an administrative action against your driver license through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Each has its own rules and deadlines, and the clock starts running the day you are arrested.
Piotrowski Law Firm represents drivers throughout Miami-Dade and Broward County — in Miami, Hialeah, Miami Beach, Coral Gables, Fort Lauderdale, Hollywood, and Pembroke Pines. Whether this is a first offense or you have prior cases, we examine every stage of the stop and the testing for the kinds of problems that can reduce, or sometimes eliminate, a charge.
The clock is already running
How much of your 10-day license window is left?
After a Florida DUI arrest you generally have only about 10 days to request a DHSMV formal review hearing to contest the suspension of your license. Enter your arrest date to see roughly how much time may remain.
General information — the exact deadline in your case can differ.
Florida DUI penalties
Florida’s DUI statute, Fla. Stat. §316.193, sets out a range of penalties that increase with the number of prior convictions and with aggravating factors. Depending on the circumstances, a DUI can carry:
- Driver-license suspension or revocation
- Fines, court costs, and statutory fees
- Mandatory probation, community service, and DUI school
- Installation of an ignition-interlock device
- Vehicle impoundment
- The possibility of jail — particularly for repeat offenses, a high breath-alcohol level, an accident, or an injury
The specific consequences in any case depend on the facts, your record, and the discretion of the court and prosecutor. We will explain what you are actually facing — in plain language — rather than leave you guessing.
How we defend DUI cases
A DUI charge is not a conviction, and the State must prove its case. We look hard at how the evidence against you was gathered, because that is often where these cases are won or lost:
- The stop. Police need a lawful reason to pull you over. If the stop was not justified, the evidence that followed may be challenged.
- Field sobriety exercises. These tests are subjective and affected by nerves, footwear, medical conditions, and the officer’s instructions. We scrutinize how they were administered and scored.
- Breath and blood testing. Breath instruments must be properly maintained, calibrated, and operated by a qualified technician. We request the maintenance and inspection records and look for gaps.
- Rising-BAC and timing. Alcohol absorption takes time; what your level was while driving can differ from what a test showed later.
- Procedure and rights. We confirm that your rights were honored and that the proper procedures were followed at every step.
What a Florida DUI case looks like
Every case is different, but most move through the same broad stages. Select a step to see what typically happens and how a lawyer helps.
You are taken into custody, processed, and often given notice that your license is being suspended. Any breath, blood, or field-test results are recorded here.
A lawyer can begin gathering the paperwork right away and advise you on what to say — and what not to say — while events are still fresh.
Usually within about a day of arrest, a judge reviews the case and sets the conditions of release. Bond and any release conditions are addressed at this stage.
Counsel can argue for reasonable release terms and make sure your rights are protected from the very first hearing.
Separate from the criminal case, you generally have only about 10 days from the arrest to request a formal review hearing with the DHSMV to contest the administrative suspension of your license.
Because the window is so short, a lawyer can file the request in time and use the hearing to test the evidence and, in many cases, help preserve your ability to drive.
The formal charges are read and you enter a plea. This is the point where the criminal case is set on its track through the court.
An attorney typically enters a plea of not guilty to preserve every option, and can often appear on your behalf so you do not have to.
Both sides exchange evidence — reports, video, and the maintenance records for any breath instrument. Your lawyer can file motions to challenge the stop or to suppress evidence gathered improperly.
This stage is often where a case is shaped, as weaknesses in the State's evidence can lead to reduced charges or dismissal.
A case can end in several ways: a dismissal, a negotiated plea to a lesser charge, or a trial before a judge or jury. The right path depends on the facts and on your goals.
Your attorney advises you on the realistic options at each turn and, if it goes to trial, presents your defense to the court.
The administrative license (DHSMV) hearing
Separate from the criminal case, your license can be suspended administratively after a DUI arrest. In Florida you generally have a very short window — about 10 days from the date of arrest — to request a formal review hearing with the DHSMV to contest that suspension and protect your ability to drive. Because that deadline is so tight, it is important to speak with an attorney as soon as possible after an arrest so the request can be made in time.
Talk to a Miami DUI attorney today
If you or someone you love has been arrested for DUI, the sooner you have counsel, the more options you are likely to have. Your initial consultation is free and confidential, and our phones are answered 24/7. Request a consultation.
This page provides general information about DUI/DWI defense in Florida and is not legal advice. Laws change and every case is different. Reading this page or contacting the firm does not create an attorney-client relationship. Please consult a licensed attorney about your specific situation.