Home/ Practice Areas/ Criminal Defense/ DUI & Traffic Defense
DUI & Traffic Defense

Miami DUI & Traffic DefenseAttorney

DUI, criminal traffic, and citation defense across Miami-Dade and Broward County since 1989. A Florida DUI generates two parallel proceedings. Extreme speeding is now a criminal charge. An ordinary citation can still cost you a license. Each one is handled differently.

!
10 days to request a DHSMV hearing after a DUI arrest. Florida Statute § 322.2615 gives drivers 10 days from arrest to request a formal review. Without a request, the license suspension becomes automatic.
📞 Call (305) 774-7000 Request Consultation
★★★★★ 4.8 / 5.0
100+ Verified Client Reviews
Featured on Google · Avvo · LinkedIn
35+
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
Florida DUI Structure

Two Parallel Tracks From One Miami DUI Arrest

A DUI arrest in Miami-Dade creates two independent proceedings running at the same time. Each has its own deadlines, its own venue, and its own consequences. Defending one and ignoring the other leaves real exposure on the table.

01

Criminal Case in Miami-Dade County Court

Charges under Florida Statute § 316.193, prosecuted by the Miami-Dade State Attorney's County Court Division and heard by a county court judge at the Richard E. Gerstein Justice Building or one of the branch courthouses. The case moves through arraignment, motions, and trial. Conviction creates a permanent criminal record. See our full Criminal Case Timeline for how a Miami-Dade case moves from arrest to resolution.

02

DHSMV License Suspension

Administrative suspension under § 322.2615, handled separately by the Department of Highway Safety and Motor Vehicles, not by the Miami-Dade court. 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. Weekends and holidays are not excluded, and the deadline is not extended because a driver did not realize it 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 Miami-Dade County 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

DUI Penalties Under § 316.193

Florida DUI penalties escalate with prior convictions, BAC level, and factors such as crashes or minors in the vehicle. These cases are heard in Miami-Dade County court.

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. Penalties vary by BAC, prior record, and ignition interlock device (IID) requirements. Mandatory minimums apply where indicated.

Florida Statute § 316.1922

Extreme Speeding Is Now a Criminal Charge in Florida

For most of Florida's history, a speeding ticket was a civil infraction. You paid the fine and took the points. That changed on July 1, 2025.

House Bill 351 created a criminal offense called dangerous excessive speeding, codified at Florida Statute § 316.1922 and commonly called the super speeder law. A driver stopped on I-95, the Palmetto, the Dolphin, or the Turnpike can now be arrested at the roadside rather than handed a citation.

50+

MPH Over the Posted Limit

The speed alone establishes the offense. No crash is required, and no other conduct is required. 120 mph in a 70 zone qualifies on the number by itself.

100+

MPH With Endangerment

At 100 mph or more, the state must also prove the driving endangered persons or property, or interfered with another vehicle. That element is where these cases are contested.

A first conviction is a second-degree misdemeanor carrying up to 30 days in jail and a $500 fine, with a mandatory appearance in Miami-Dade County court. There is no paying it online. A second conviction within five years carries up to 90 days, a $1,000 fine, and a driver license revocation the court must impose. Further detail on the statute and its thresholds is in our post on Florida's super speeder law.

Criminal Traffic in Miami-Dade

Traffic Offenses That Carry Jail

Not every traffic charge is a ticket. Criminal traffic offenses are prosecuted by the Miami-Dade State Attorney's County Court Division and require an appearance before a judge. Civil infractions go before a hearing officer. Which one you are facing determines how the matter is handled.

Offense
Statute
Classification
Exposure
Dangerous Excessive Speeding50+ over, or 100+ with endangerment
§ 316.1922
2nd-degree misdemeanor Court Required
Up to 30 days jail, $500 fine
Reckless DrivingWillful or wanton disregard
§ 316.192
Misdemeanor
Up to 90 days first offense; felony where serious bodily injury results
Driving While License SuspendedDWLS, with knowledge
§ 322.34
Misdemeanor, escalating
Escalates with priors; repeat offenses can reach felony and habitual offender designation
Leaving the SceneCrash with property damage or injury
§ 316.061 / § 316.027
Misdemeanor to felony
Depends on whether the crash involved property damage, injury, or death
Racing on a HighwayIncluding spectators and organizers
§ 316.191
Misdemeanor, escalating
Jail exposure, license revocation, and vehicle impoundment
No Valid Driver LicenseNVDL
§ 322.03
2nd-degree misdemeanor
Jail exposure and fine
Civil Traffic InfractionOrdinary speeding, moving violations
Ch. 318
Civil, heard by hearing officer
Fine and points; no jail, but a conviction on the driving record

Summary of Florida traffic statutes. Classification and exposure vary by the specific facts, prior record, and whether injury or death resulted. Criminal traffic matters are heard by Miami-Dade County Court judges.

Defense Approach

How These Cases Get Defended in Miami

Most DUI and criminal traffic cases in Miami-Dade are not won at trial. They are resolved earlier through suppression motions, charge reductions, diversion programs, or dismissal. The work that produces those outcomes happens in six places.

The Stop

An unlawful traffic stop suppresses everything that follows: field sobriety tests, observations of impairment, breath test results, and the speed reading itself. 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.

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.

Speed Measurement

A speed reading is evidence, and like any evidence it has a foundation that has to hold up. Radar and laser units require current certification and documented calibration. The operator requires training records. Pacing by a patrol vehicle depends on the trooper's own speedometer being calibrated. Aircraft and VASCAR timing have their own requirements. Under the super speeder law, the difference between 49 over and 50 over is the difference between a fine and a criminal record. The accuracy of the reading is worth examining closely.

The Endangerment Element

At 100 mph or more, speed alone does not complete the offense. The state has to show the driving endangered persons or property, or interfered with another vehicle. On an open stretch of the Turnpike at low traffic volume, that is a fact question. It is litigated on the dashcam, the traffic conditions, and the trooper's own description of what was happening on the road.

The DHSMV Hearing

Filed within 10 days of a DUI 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

What Miami Drivers Ask First

DUI Questions
I was just arrested for DUI in Miami. What do I do in the next 10 days?+
Under Florida Statute § 322.2615, you have 10 days from the date of arrest to request a formal review hearing with DHSMV. Without that request, your driver license suspension becomes automatic and final. The 10 days run from arrest, not from charging or release, and they are not extended for weekends or holidays. This deadline is separate from your criminal case in Miami-Dade County court. Missing it does not affect the criminal case, but it does cost you your license. Within that same window, preserve everything: the citation, the arrest paperwork, any bond documents, and your own written recollection of the stop while it is fresh. If you were taken to the Turner Guilford Knight Correctional Center or another Miami-Dade facility, keep the intake paperwork. Then retain counsel. The hearing request has to be filed in writing. See our full Bail and Bond Guide for how the arrest and release process works.
Should I refuse the breath test in Florida?+
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, and 18 months plus a separate misdemeanor charge for a second refusal. Refusal is also admissible at trial as evidence of consciousness of guilt. On the other side, refusal removes the per se .08 evidence the state would otherwise use, which can substantially weaken the prosecution's case. Which way that trade cuts depends on how much other evidence exists: the driving pattern, the bodycam, the field sobriety performance, and what was said during the stop. This decision is made in the moment without a lawyer present, which is why what happens afterward matters so much.
Can a Florida DUI be reduced to reckless driving?+
In some cases, yes. A reduction to reckless driving under § 316.192, sometimes called a wet reckless, avoids the mandatory DUI penalties, the DUI license revocation rules, and the DUI label on the criminal record. Whether a reduction is available depends on the BAC, the prior record, the quality of the state's evidence, and the discretion of the assistant state attorney assigned to the division. Reductions are negotiated, not automatic, and the leverage to negotiate one usually comes from problems in the state's case that were identified early. A driver who pleads at the first appearance without counsel has given away that leverage before anyone looked for it.
Does a no contest plea in a DUI case affect a related civil claim?+
It can help. A nolo contendere (no contest) plea is treated the same as a guilty plea for sentencing purposes in the criminal case, but in Florida it cannot be used against the defendant as an admission of guilt in a related civil case. A guilty plea can be used that way. This distinction matters most when a DUI overlaps with a car accident injury claim, since the plea entered in the criminal case can affect leverage in the civil case that follows. See our full Legal Terms Glossary for the Nolo Contendere entry and how it compares to a guilty plea.
What is actual physical control in a Florida DUI?+
Florida law allows a DUI charge even when the vehicle was never moving, if the driver was in actual physical control of it. Sitting in the driver's seat with the keys, even with the engine off, can support a DUI prosecution under Florida case law. This catches people who pulled over rather than continue driving, or who went to sleep in a parked car. The defense often turns on whether the person had the present capability to operate the vehicle: where the keys really were, whether the vehicle was operable, where the person was seated, and what the circumstances of the encounter were. It is a fact-intensive question and it is regularly litigated.
Will a DUI affect my commercial driver license?+
Yes, and often severely. A DUI conviction can disqualify a commercial driver license for at least 1 year, and for life on a second DUI, even when the DUI occurred in a personal vehicle on personal time. Commercial drivers also face DUI exposure at .04 BAC, which is half the standard threshold. For a driver whose livelihood depends on the CDL, the license consequence frequently outweighs every other aspect of the case, and it changes what a reasonable resolution looks like. These cases need to be evaluated with the CDL consequence in view from the first conversation.
When does a Florida DUI become a felony?+
A third DUI within 10 years of a prior conviction is a third-degree felony under § 316.193, carrying up to 5 years in prison and a mandatory minimum jail period. A fourth DUI is a felony regardless of when the priors occurred. A DUI causing serious bodily injury is a third-degree felony. DUI manslaughter under § 782.071(1)(b) is a second-degree felony with a 4-year mandatory minimum and up to 15 years of exposure. Counting prior convictions correctly is its own litigation issue. Out-of-state priors, withheld adjudications, and reduced charges all complicate the count. Felony DUI cases in Miami-Dade are heard in circuit court, not county court.
Can a DUI be sealed or expunged in Florida?+
A DUI conviction cannot be sealed or expunged in Florida. That is a hard rule and it is one of the strongest reasons to avoid a conviction in the first place. However, if the case was dismissed, dropped by the state, or resolved without a conviction, sealing or expungement may be available depending on your prior record and other statutory eligibility factors. The distinction between a conviction and a withheld adjudication matters here, and it is one of the things to understand before agreeing to any resolution.
Traffic Questions
Can I go to jail for speeding in Florida?+
Yes, under Florida Statute § 316.1922. Since July 1, 2025, driving 50 mph or more over the posted limit is a criminal offense called dangerous excessive speeding, as is driving 100 mph or more in a manner that endangers persons or property. A first conviction is a second-degree misdemeanor carrying up to 30 days in jail and a fine of up to $500, with a mandatory appearance in Miami-Dade County court. A second conviction within five years carries up to 90 days, a fine of up to $1,000, and a driver license revocation the court is required to impose for at least 180 days. This is a change in Florida law and many drivers do not know about it.
I just got a speeding ticket in Miami. Should I just pay it?+
Paying the citation is a guilty plea. It results in a conviction on your driving record and, for most moving violations, points on your license. Enough points in a short enough window leads to a suspension, and the insurance consequences can run for years and cost more than the ticket. Florida gives you options other than paying. You can elect a court hearing before a Miami-Dade hearing officer, and in some circumstances a basic driver improvement course can prevent points from being assessed. None of that is printed on the citation. Read it before you pay it.
Is driving 100 mph automatically a criminal charge in Florida?+
Not automatically. At 100 mph or more, Florida Statute § 316.1922 requires that the driving also endangered the safety of persons or property, or interfered with the operation of another vehicle. Speed by itself is enough only at 50 mph or more over the posted limit. That distinction matters. A driver clocked at 101 mph on an empty stretch of the Turnpike at 3 a.m. is in a different position from one weaving through traffic on I-95 at rush hour at the same speed. The endangerment element is a fact question, and it is contested on the dashcam footage, the traffic conditions, and the trooper's account of the driving.
What happens if I am caught driving with a suspended license in Miami-Dade?+
Driving while license suspended with knowledge of the suspension is a criminal offense under Florida Statute § 322.34, not a civil infraction. It is prosecuted in Miami-Dade County court and it escalates with prior offenses. Repeated convictions can lead to a habitual traffic offender designation, which carries a five-year license revocation and turns any subsequent driving into a felony. The knowledge element matters. The state has to show you knew about the suspension, and it often proves that through DHSMV mailing records that are not always as solid as they first appear. Many people are unaware their license was suspended, frequently over an unpaid citation from years earlier.
What is the difference between reckless driving and dangerous excessive speeding?+
Reckless driving under § 316.192 requires willful or wanton disregard for the safety of persons or property. It focuses on the manner of driving, and the state has to prove the mental state. Dangerous excessive speeding under § 316.1922 is narrower and, at the 50-over threshold, easier for the state to prove, because the speed itself completes the offense without any showing of intent. That is why the legislature created it. Prosecutors sometimes charge both, and the two carry different exposure. Which statute you are charged under changes the defense.
Where is traffic court in Miami-Dade County?+
Miami-Dade traffic matters are handled through the Eleventh Judicial Circuit. The main location is the Richard E. Gerstein Justice Building at 1351 NW 12th Street in Miami, with branch locations including the North Dade Justice Center, the South Dade Justice Center, Miami Beach, Hialeah, and the Coral Gables District Court on Ponce de Leon Boulevard. Which building your case is heard in depends on where the citation was issued. Civil traffic infractions are heard by hearing officers. Criminal traffic offenses, including DUI, dangerous excessive speeding, reckless driving, and driving while license suspended, are heard by county court judges and prosecuted by the Miami-Dade State Attorney's County Court Division. See our full South Florida Courthouse Directory for addresses, hours, and directions.
Can a speeding ticket be challenged if the radar was wrong?+
A speed reading is evidence, and it rests on a foundation that has to hold up. Radar and laser units require current certification and documented calibration, usually before and after each shift. The operator requires training and certification records. Where speed was established by pacing, the patrol vehicle's own speedometer calibration is in issue. Each of those is discoverable, and each of them is sometimes missing, expired, or inconsistent with what the officer testified to. Under the super speeder law this matters more than it used to, because the gap between 49 mph over and 50 mph over is the gap between a fine and a criminal record.
Related Defense Areas

Related Criminal Matters in Miami

DUI and criminal traffic cases in Miami-Dade often arrive alongside other charges. Each related area has its own defense framework.

General Criminal Defense

For Miami-Dade cases that do not fit one charge category, are still developing, or involve overlapping issues alongside the traffic matter.

Learn More →

Drug Charges

Traffic stops in Miami-Dade sometimes lead to possession charges under Florida Chapter 893. Both proceed in parallel with their own defenses.

Learn More →

Car Accidents

If a speeding or impaired driver injured you on a Miami-Dade road, the citation issued at the scene can matter to your injury claim.

Learn More →

Violent Crimes

DUI manslaughter, DUI with serious bodily injury, and reckless driving causing injury sit at the intersection of traffic 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. A criminal traffic charge requires a court appearance in Miami-Dade. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.

📞 Call (305) 774-7000 Request Confidential Consultation
Client Reviews

What Clients Say

Verified Google reviews from clients represented by the firm.