DUI Defense Serving Miami

Miami DUI Attorney

Direct attorney representation for DUI arrests across Miami, including Brickell, Wynwood, and downtown, all heard at the Richard E. Gerstein Justice Building. Free, confidential consultation.

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10 days to request a hearing after a Miami DUI arrest. Florida's administrative license suspension takes effect immediately, and the window to contest it closes fast.
★★★★★4.8 / 5.0
100+ Verified Client Reviews
Florida Bar Member Since 1989
37+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
DHSMV & Court
Both Sides Defended
Admin hearing and Miami-Dade criminal court
Boutique
Practice Model
Direct attorney involvement
Common Questions

Frequently Asked Questions

Where will my Miami DUI case be heard?+
Every DUI case in Miami-Dade County, whether a first offense or a felony-level charge such as a third offense within 10 years, is heard at the Richard E. Gerstein Justice Building. There is no separate local branch option for a DUI charge anywhere in the county.
Why does Miami see more DUI enforcement than other parts of the county?+
Brickell, Wynwood, and downtown combine dense nightlife, heavy weekend foot and vehicle traffic, and frequent special events, all of which draw concentrated police attention. That volume of stops is a real factor in how a case gets built and how it gets defended.
I was arrested for DUI while visiting Miami. What happens if I don't live in Florida?+
The case proceeds the same way regardless of home address, heard at the Gerstein Justice Building like any other Miami-Dade DUI case. Out-of-state residents face the same court dates and deadlines as local residents, including the 10-day window to contest a license suspension, so leaving the state does not pause the process. Florida also shares DUI and suspension information with most other states through interstate compacts, meaning the case can affect driving privileges back home as well. Consultations can be handled by phone before travel plans require a decision.
Do I still get a bond hearing within 24 hours before my case is heard at Gerstein?+
Yes. Any arrest triggers a bond hearing at the Pre-Trial Detention Center within the same 24-hour window, before the courthouse calendaring for the rest of the case is finalized.
Can a DUI checkpoint arrest in Miami be challenged?+
Sometimes. Florida sobriety checkpoints are constitutional when the operating agency follows a written operational plan, including supervisor approval, a neutral stopping pattern, and advance publication of the checkpoint. Deviations from that plan can be challenged.
Can a Miami DUI case resolve without a conviction?+
Sometimes. Many first-time cases with no aggravating factors qualify for diversion programs or negotiated resolutions that can avoid a conviction, though availability depends on the particular facts of the arrest. The first DUI guide breaks down resolution options in more depth.
How a Miami DUI Case Moves

Enforcement Concentrates in a Few Corridors

A Miami arrest and a Miami DUI case share the same address. The Richard E. Gerstein Justice Building sits in the urban core, meaning Miami residents and visitors arrested for DUI are commonly already close to where the case will be heard. These same three areas see some of the heaviest DUI enforcement in the county.

01

Enforcement Concentrates in a Few Corridors

Brickell Avenue, Wynwood's entertainment district, and downtown's nightlife and event traffic account for a disproportionate share of Miami DUI stops, particularly on weekend nights and around major events. Officers in these areas are working dense, high-volume enforcement zones, not isolated stops.

02

The Bond Hearing Happens Fast

Regardless of where in Miami the arrest occurs, the initial bond hearing happens at the Pre-Trial Detention Center within 24 hours. That hearing is separate from, and happens before, the ongoing case is calendared at Gerstein. See our full Bail and Bond Guide for how the bond process works.

03

A Separate 10-Day Clock Also Starts

Beyond the criminal case, Florida's administrative license suspension takes effect immediately. This happens if a BAC of 0.08 or higher was recorded, or if a breath test was refused. There are just 10 days to request a hearing to contest it. Missing that window generally means losing the chance to fight the suspension at all. Our first DUI guide covers this deadline in complete detail.

Administrative Suspension Window
10
Days to Request a Hearing

The Clock Starts at Arrest

Beyond the criminal case, Florida's administrative license suspension takes effect immediately. This happens if a BAC of 0.08 or higher was recorded, or if a breath test was refused. There are just 10 days to request a hearing to contest it.

  • Missing that window generally means losing the chance to fight the suspension at all
  • This deadline runs separately from the criminal case at Gerstein
  • The same window applies regardless of where in Miami the arrest occurred
  • Our first DUI guide covers this deadline in complete detail
Case Approach

Why Miami's Volume Carries Weight in a Defense

On a busy weekend in Brickell, every stop that night still has to be handled correctly on its own facts. High-volume enforcement corridors mean officers are processing DUI stops on a scale most jurisdictions never see.

What High Volume Means for a Defense

High-volume enforcement corridors mean officers in these nightlife-heavy areas are processing DUI stops on a scale most jurisdictions never see, especially on weekend nights. That pace can mean rushed field sobriety procedures, checkpoint operations that deviate from the required written plan, or body camera footage that tells a different story than the arrest report. Volume and correct handling are different things, and the gap between them is commonly where a defense is built.

"On a busy weekend in Brickell, every stop that night still has to be handled correctly on its own facts."

Arrested While Visiting From Out of State

The case proceeds the same way regardless of home address, heard at the Gerstein Justice Building like any other Miami-Dade DUI case. Out-of-state residents face the same court dates and deadlines as local residents, including the 10-day window to contest a license suspension, so leaving the state does not pause the process. Florida also shares DUI and suspension information with most other states through interstate compacts, meaning the case can affect driving privileges back home as well. Consultations can be handled by phone before travel plans require a decision.

Checkpoint Arrests Follow Strict Rules

Florida sobriety checkpoints are constitutional when the operating agency follows a written operational plan. That plan requires supervisor approval, a neutral stopping pattern, and advance publication of the checkpoint. Deviations from that plan can be challenged.

Resolving Without a Conviction

Many first-time cases with no aggravating factors qualify for diversion programs or negotiated resolutions that can avoid a conviction, though availability depends on the particular facts of the arrest. The first DUI guide breaks down resolution options in more depth.

Related Practice Areas

Related Criminal Defense Matters

A Miami DUI case commonly overlaps with related criminal defense and personal injury areas.

Miami Premises Liability

If the injury was on someone's property rather than on the road.

Learn More →

DUI and Traffic Defense

The complete legal framework for Florida DUI and traffic charges.

Learn More →

First DUI in Florida

What happens next after a first-time arrest.

Learn More →

Miami Car Accidents

If a crash was involved alongside the DUI charge.

Learn More →

Miami Criminal Defense

Full legal framework beyond this particular charge.

Learn More →

The outcome of a Miami DUI case depends on the particular charge level, the arrest circumstances, and the strength of the underlying stop, and that requires a real review, not a guess. See our full DUI and Traffic Defense page for the complete legal framework, our Criminal Case Timeline for how a Miami-Dade case moves from arrest to resolution, or our Areas We Serve page for coverage throughout Miami-Dade and Broward. The first consultation is free and confidential, with no obligation to retain.

Locations We Serve

DUI Defense Across Miami-Dade

Local courts and arresting agencies vary by city. See detailed information for the areas below.

Speak With Andre

Direct attorney access at (305) 774-7000

The outcome of a Miami DUI case depends on the particular charge level, the arrest circumstances, and the strength of the underlying stop. The first consultation is free and confidential, with no obligation to retain.

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

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Eddy's Dogs aka Eddy's K9 Rescue profile picture
Eddy's Dogs aka Eddy's K9 Rescue
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Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
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Carlos Zaldivar profile picture
Carlos Zaldivar
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Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to Andre
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Bob R profile picture
Bob R
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Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
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Phil Glatzer profile picture
Phil Glatzer
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As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
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Pedro Carrera profile picture
Pedro Carrera
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I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
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Gabriel Hernandez profile picture
Gabriel Hernandez
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Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
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Andrew Varela profile picture
Andrew Varela
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An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
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Daniel Hernandez profile picture
Daniel Hernandez
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I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.