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DUI & Traffic Defense

Miami DUI Defensein Florida State Court

A Florida DUI generates two parallel proceedings: the criminal case in court and the license suspension at DHSMV. Both have their own deadlines and require their own defense.

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10 days to request a DHSMV hearing. Florida Statute § 322.2615 gives drivers 10 days from arrest to request a formal review. Without a request, the suspension becomes automatic.
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1989
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DHSMV & Court
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Florida DUI Structure

Two Parallel Tracks From One Arrest

A Florida DUI arrest creates two independent proceedings. They run on parallel tracks with different rules, different deadlines, and different consequences. A defense that ignores either one leaves real exposure on the table.

01

Criminal Case in Court

Charges under Florida Statute § 316.193 in county court. The case proceeds through arraignment, motions, and trial. Conviction creates a permanent criminal record and triggers statutory penalties including jail, fines, license revocation, and probation.

02

DHSMV License Suspension

Administrative suspension under § 322.2615, handled separately by the Department of Highway Safety and Motor Vehicles. The suspension is automatic unless a formal review hearing is requested within 10 days of arrest.

Florida Statute § 322.2615
10
Days From Arrest to Request DHSMV Hearing

The DHSMV 10-Day Deadline

Florida law gives drivers 10 days from the date of arrest to request a formal review hearing with DHSMV. If no request is filed, the administrative license suspension becomes final by operation of law.

The 10-day window runs from the date of arrest, not the date of charging. It is not extended by weekends, holidays, or by the fact that the driver did not realize the deadline existed.

  • Hearing must be requested in writing through DHSMV within 10 days
  • Without a request, the suspension is automatic and final
  • The hearing is separate from the criminal case in court
  • The hearing is the first opportunity to challenge the stop and the testing
  • Successful hearings can preserve driving privileges before the criminal case resolves
Florida DUI Penalty Framework

Penalties Under § 316.193

Florida DUI penalties escalate with prior convictions, BAC level, and aggravating factors such as crashes or minors in the vehicle.

Charge
Classification
Jail / Prison Exposure
License Suspension
1st DUIBAC under .15
Misdemeanor
Up to 6 months
180 days to 1 year
1st DUIBAC .15+ / minor in vehicle
Misdemeanor (enhanced)
Up to 9 months IID Required
180 days to 1 year
2nd DUIWithin 5 years of prior
Misdemeanor
Up to 9 months 10-day Min
5-year revocation
3rd DUIWithin 10 years of prior
3rd-degree felony
Up to 5 years 30-day Min
10-year revocation
4th DUILifetime
3rd-degree felony
Up to 5 years
Permanent revocation
DUI w/ Serious Bodily Injury§ 316.193(3)(c)(2)
3rd-degree felony
Up to 5 years
3-year revocation
DUI Manslaughter§ 782.071(1)(b)
2nd-degree felony
Up to 15 years 4-yr Min
Permanent revocation

Summary of Florida Statutes § 316.193 and related provisions. Not legal advice. Penalties vary by specific BAC, prior record, aggravating factors, and ignition interlock device (IID) requirements. Mandatory minimums apply where indicated.

Defense Approach

How a DUI Case Gets Defended

Most DUI cases are not won at trial. They are resolved earlier, through suppression motions, charge reductions, diversion programs, or dismissal. The defense work that gets to those outcomes happens in four areas.

The stop. An unlawful traffic stop suppresses everything that follows: field sobriety tests, observations of impairment, and breath test results. Reasonable suspicion for the stop and probable cause for the arrest are both challengeable on the dashcam, the bodycam, and the officer's report.

Field sobriety tests. FSTs are voluntary in Florida. The officer's interpretation is subjective and the conditions are uncontrolled. Each test (Horizontal Gaze Nystagmus, Walk-and-Turn, One-Leg Stand) has documented reliability problems. Bodycam footage frequently contradicts what the written report says happened.

The breath test. Florida uses the Intoxilyzer 8000. The 20-minute observation period, calibration records, FDLE compliance, and operator certification all have to be in order for the test to be admissible. Departures from procedure are foundation challenges that can result in test exclusion at trial.

The DHSMV hearing. Filed within 10 days of arrest, this is the first opportunity to challenge the case before trial. A successful hearing preserves driving privileges and creates a record useful in the criminal case. The earlier the defense engages, the more options stay open across both proceedings.

Common Questions

Frequently Asked Questions

What is the 10-day rule in a Florida DUI?+
Under Florida Statute § 322.2615, drivers have 10 days from the date of arrest to request a formal review hearing with DHSMV. Without a request, the administrative driver license suspension becomes automatic and final. The 10 days run from arrest, not charging or release, and are not extended for weekends or holidays.
Should I refuse the breath test?+
There is no universally right answer because Florida's implied consent law makes refusal carry its own consequences. A refusal results in a 1-year license suspension (18 months and a misdemeanor charge for a 2nd refusal). Refusal is also admissible at trial as evidence of guilt. However, refusal removes the per se .08 evidence the state would otherwise use. Each case has different factors.
Can a Florida DUI be reduced to reckless driving?+
In some cases, yes. A reduction to reckless driving (often called a "wet reckless") avoids the mandatory DUI penalties, license revocation rules, and the DUI label on the criminal record. Whether a reduction is available depends on the BAC, prior record, evidence quality, and prosecutorial discretion. Reductions are negotiated, not automatic.
What is "actual physical control" in a DUI?+
Florida law allows DUI charges even when the vehicle was not moving, if the driver was in actual physical control. Sitting in the driver's seat with the keys, even with the engine off, can support a DUI prosecution under Florida case law. The defense often turns on whether the person had the present capability to operate the vehicle.
Will a DUI affect my CDL?+
Yes, often severely. A DUI conviction can disqualify a commercial driver's license for at least 1 year (lifetime for a second DUI), even if the DUI was in a non-commercial vehicle. Commercial drivers also face DUI exposure at .04 BAC, half the standard threshold. CDL clients require specialized handling because the livelihood is on the line.
What is DUI manslaughter in Florida?+
DUI manslaughter under Florida Statute § 782.071(1)(b) is a 2nd-degree felony with a 4-year mandatory minimum prison sentence and up to 15 years exposure. License revocation is permanent. These cases require accident reconstruction, medical examiner challenges, and forensic-level defense work from day one.
Can a DUI be sealed or expunged in Florida?+
A DUI conviction cannot be sealed or expunged in Florida. However, if the case was dismissed, dropped, or resolved without a conviction (such as through diversion programs that result in no conviction), record sealing or expungement may be available depending on prior record and other factors.
When is a 3rd DUI a felony in Florida?+
A 3rd DUI within 10 years of a prior DUI conviction is charged as a 3rd-degree felony under § 316.193, with up to 5 years prison and a mandatory minimum jail period. A 3rd DUI more than 10 years after the prior is charged as a misdemeanor, but with significantly enhanced penalties. Counting prior convictions properly is its own litigation issue.
Related Defense Areas

Related Criminal Matters

DUI cases often arrive alongside other criminal allegations. Each related area has its own defense framework.

General Criminal Defense

For cases that do not fit one charge category, are still developing, or involve overlapping issues alongside the DUI.

Learn More →

Drug Charges

DUI stops sometimes lead to possession charges under Florida Chapter 893. Both proceed in parallel with their own defenses.

Learn More →

Domestic Violence

Florida is a no-drop prosecution state. The complaining party cannot drop the charge. Cases often co-occur with DUI allegations.

Learn More →

Violent Crimes

DUI manslaughter, DUI with serious bodily injury, and reckless driving causing injury sit at the intersection of DUI and violent crime statutes.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

The DHSMV deadline runs from the date of arrest. Pre-hearing representation can preserve driving privileges and start the criminal defense work in parallel.

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