A Miami DUI arrest can trigger a criminal case and a separate driver’s license process. An arrest is not a conviction, but deadlines can begin immediately.
The criminal charge
Florida Statutes section 316.193 covers driving or actual physical control while normal faculties are impaired by alcohol or specified substances, or a qualifying blood or breath alcohol level of 0.08 or higher. A prosecutor must prove the charged elements. The Miami-Dade State Attorney’s Office, not a “D.A.’s office,” handles state charges. Penalties vary with prior convictions, alcohol level, a minor passenger, injury, and other circumstances. Jail is not automatic simply because a person has no lawyer.
License consequences and deadlines
An administrative suspension based on a qualifying test result or refusal can arise independently of the criminal case. Florida’s driver handbook describes a short, generally 10-day period to seek review of a DUI-related administrative suspension. Review the notice promptly with counsel; dismissal of a criminal charge does not automatically erase every administrative action. The specific notice and prior history control available options.
Preserve the citation, testing paperwork, video, and witness details. A lawyer can review the stop, field observations, testing, and possible defenses. A DUI conviction generally cannot be sealed or expunged under Florida’s ordinary court-ordered process; a nonconviction record requires its own eligibility review. Roy J. Kahn, P.A. handles Miami DUI defense. No result or consultation terms are guaranteed.
This is general information, not legal advice.
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