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Defend Against DUI Charges

Miami DUI Attorney

Florida Drunk Driving Laws

Although legal representation is not required because this is not a court matter, having an experienced DUI lawyer at your side will most often serve to positively impact the outcome of your hearing. Turn to the Law Office of Michael Mirer, P.A. to help defend your case. We are available 24/7 and have years of experience and are ready to help defend your case!

Attorney Michael Mirer has defended countless clients against drunk driving charges and can provide the aggressive and smart advocacy you need before the court.

Contact us or call (800) 798-0243 for a free case evaluation with a DUI Attorney in Miami. Se habla Español.

What is a DUI in Florida?

DUI stands for "driving under the influence." Also commonly referred to as drunk driving or DWI (driving while intoxicated). DUI is a criminal offense, most often charged as a misdemeanor, that involves a driver operating a motor vehicle while under the influence of alcohol or a controlled substance, or a combination of the two.

An individual will be charged with drunk driving in Florida if they are pulled over and the officer determines through breath and blood testing or field sobriety testing that they are legally intoxicated. Alcohol and keys

To be deemed "under the influence" by law, the driver must have a blood alcohol concentration of .08% or greater, and/or his or her normal faculties must be impaired as a result of intoxication or drug use.

BAC Limit in Florida

BAC limits in Florida vary for different types of drivers, as follows:

  • Drivers age 21 or older: BAC limit of .08%
  • Drivers under the age of 21 (Under 21 DUI): BAC limit of .02%
  • Drivers with commercial licenses (Commercial DUI): BAC limit of .04%
Featured Result

Client was arrested and charged with Driving Under the Influence in Miami-Dade County Court. Mr. Mirer conducted a thorough investigation of the case and ultimately took the case to trial, successfully arguing that the police were absolutely wrong in arresting his client for DUI.

See More Results

    Will I lose my license?

    Being arrested for DUI and failing or refusing a breath or blood test will result in the commencement of license suspension proceedings by the Florida Department of Highway Safety and Motor Vehicles.

    DHSMV Hearings in Miami

    You Only Have 10 Days

    The good news is that you have the opportunity to challenge this suspension by requesting a DMV hearing (also referred to as "DHSMV hearing") within 10 days of your arrest. This will be an administrative hearing held to allow a driver to challenge the suspension of his or her license.

    Failure to schedule your hearing will result in the suspension of your license.

    This hearing is your only opportunity to fight the automatic suspension of your driver's license. Attorney Michael Mirer can represent you at the administrative hearing and advocate on your behalf before the DHSMV.

    • When a driver is arrested for DUI, the arresting officer will confiscate his or her license and give the driver a slip of paper that acts as a citation/notice of suspension.
    • This citation actually serves as a temporary driving permit during the 10 day time period that a driver has to request a formal review hearing
    • If a driver who was arrested for DUI fails to request a hearing within the 10-day window, the DMV will suspend his or her license without further ado

    Challenging DUI Charges

    A common misconception associated with DUI charges is that all is lost if you took and allegedly failed a breath or blood test. If you submitted to a breath test or blood test that showed a blood alcohol concentration (BAC) of .08% or greater, you may feel as though there is no hope in challenging your charges. This is simply not the case.

    The same applies if you are facing drunk driving charges based upon allegedly poor performance on field sobriety tests, something that law enforcement considers indicates that your normal abilities were impaired by alcohol and/or drugs.

    In spite of a failed breath test or field sobriety tests, there are ways that a DUI lawyer can effectively challenge your charges.

    It takes a careful and thorough review of every single aspect of your case. This will include the manner in which you were initially pulled over by law enforcement, how field sobriety tests were conducted, the administration of a breath test or blood test and your actual arrest.

    It will include all procedural and evidentiary issues related to your charges. Law enforcement must abide by specific guidelines and must not violate your Constitutional rights during this process. A single error or misstep may mean that certain evidence is inadmissible or that your entire case is invalid.

    With the proper resources and experience, a skilled DUI lawyer will be able to determine how to seek the best possible outcome on your behalf. Speak with a DUI attorney in Miami at the Law Office of Michael Mirer, P.A. and learn more about your options. Call (800) 798-0243. Se habla Español.

    What Are The Penalties for DUI?

    Conviction for driving under the influence will result in serious penalties. The severity of the consequences will depend upon whether you have multiple DUI offenses on your record, your BAC, and if any aggravating factors were involved in the incident, including injuries to victims or DUI manslaughter.

    The following are the maximum penalties which may be imposed upon a conviction for a first or second DUI in Florida:

    Penalties for First DUI Offense in Florida:

    • Driver's License Revocation - 180-day to 1-year
    • Imprisonment - 6 months
    • Probation - 1 year
    • Community Service - 50 hours, or fine of $10 per hour of community service
    • Fine - $500 to $1,000
    • Vehicle Impoundment - 10 days

    Penalties for Second DUI Offense in Florida (within 5 years):

    • Driver's License Revocation - 5 years
    • Imprisonment - 9 months
    • Mandatory Minimum Imprisonment - 10 days
    • Fine - $2,000
    • Vehicle Impoundment - 30 days

    DUI penalties include, but are not limited to, the following:

    • Fines of a minimum of $500 to a maximum of $5,000
    • Imprisonment for a maximum of 5 years
    • Vehicle impoundment for a minimum of 10 days to a maximum of 90 days
    • Loss of license for a minimum of 180 days to a maximum of permanent revocation

    Complete an online form or dial (800) 798-0243 to request a case evaluation with a DUI attorney in Miami. Se habla Español.

    DUI and Suspended Licenses

    When a driver is arrested for DUI in Florida, he or she will face administrative license suspension proceedings as well as a criminal case in court. License suspension after a DUI arrest is automatic, based on the grounds that the driver either failed or refused a chemical test used to gauge his or her blood alcohol concentration.

    If your driver's license has already been suspended due to a drunk driving conviction, an attorney can also assist you in seeking a restricted license to drive for limited purposes, such as for employment or education alone.

    Under 21 DUI in Florida

    A driver who is under the age of 21 faces slightly different procedure and penalties upon a conviction for driving under the influence. Florida law enforcement is authorized to detain an underage driver if law enforcement has probable cause to believe the driver was driving with any amount of alcohol in his or her system.

    • Upon detaining the driver, law enforcement has the right to request that the driver submit to a blood or breath test to determine his or her alcohol level.
    • An offense of this nature is neither a criminal offense nor a traffic infraction and is punishable by administrative license suspension alone.
    • If your blood alcohol concentration is .08% or greater (above the legal limit for adults), you may face criminal charges and the possibility of imprisonment, heavy fines, and having a criminal record.

    Call a Miami DUI Attorney

    If you or someone you have has been charged with driving under the influence in Miami, do not fight charges alone. Reach out to an experienced DUI lawyer at the Law Office of Michael Mirer, P.A. for a free case evaluation. We are ready to hear your story.

    Contact us if you would like a free consultation regarding your DUI charges.

    Protecting Clients Is Our #1 Priority

    See How We've Helped Our Previous Clients Defend Their Charges
    • “If you’re looking for a lawyer who is a man of his word and goes the extra mile, then he's your guy.”


    • “Michael was honest and straight forward with me. Michael kept me out of jail and I avoided a conviction.”

      Former Client

    • “He knows what he is doing and is the best! Choose Michael Mirer and you won't regret it!”

      Criminal Defense Client

    • “Mr. Mirer is courteous, professional, and was very responsive to any questions that I had.”

      Jeremy M.

    • “I felt comfortable and confident by his ability and his upfront attitude.”

      Kelly L. Kurtz

    • “Really took his time and all his efforts to get me free out of jail.”

      Recent Client

    • “Michael Mirer helped me get through the worst ordeal of my life and for that I will always be grateful.”

      Mark Williams

    • “Mr. Mirer the best attorney all around, very respectful, a humble person, open minded and well respected.”

      Luis Cancel

    • “Michael Mirer listens, respects and comforts you by his knowledge of the law. All the charges were dropped against my son.”

      Sue Blair

    • “I was innocent, but to prove it in court can sometimes be very difficult if you don’t have a lawyer as professional and knowledgeable as Mr. Mirer.”

      Former Client

    • “Mr. Michael Mirier as brilliant, compassionate and empathetic attorney.”

      Margarita Rodriguez

    • “The whole process was painless, and Mr. Mirer was extremely friendly.”

      Satoshi N.

    • “Michael provided a very professional service and was able to deliver results fast.”

      International Client

    • “The DA and judge seem to trust Michael as they have probably worked with him on both sides of the isle.”

      Cyril Caesar

    • “He got a great motion in front of a judge and got me my freedom to be allowed to stay in this country.”

      Eugenio Gonzales

    Reputable. Reliable. Respectable.

    You Need An Experienced Defender On Your Side

    See What Sets Attorney Michael Mirer Apart
    • Available to Help Clients 24/7

    • Handled Over 100 Courtroom Trials

    • Extensive Courtroom and Trial Experience

    • Former Miami-Dade Assistant State Attorney

    • Highly Rated and Recommended by Former Clients

    • Successfully Defended Misdemeanors, Felonies, and Federal Cases