Miami DUI Defense Attorney: A DUI Arrest Is Not a Conviction.
The flashing lights are over. The breath test may have been taken. The officer has written the report. That does not mean the case is finished. The fight has only just begun. Let us help you retake control of your life.
At Patrick Wilson Law, we defend people accused of DUI throughout Miami-Dade County and South Florida. We examine the stop, the officer’s observations, body-camera footage, field sobriety exercises, breath or blood evidence, statements, police procedure, and every other part of the State’s case.
Because the question is not simply whether you were arrested.
It’s whether they can prove it.
Understanding DUI: A Comprehensive Guide.
Understanding DUI: An Overview
Facing DUI charges in Miami or anywhere in Florida can be an overwhelming experience due to the complexity of the state’s traffic and criminal laws. Offenses can range from misdemeanors to serious felony charges like DUI Manslaughter.
Here's an overview of major offenses and their associated fines/punishments:
- Felony DUI and DUI Manslaughter
A standard DUI is a misdemeanor in Florida. However, aggravating circumstances – such as multiple prior convictions, a serious injury, or a death—will elevate the case to a serious felony charge.
DUI Manslaughter: A serious second-degree felony with a fifteen-year maximum and four-year minimum mandatory sentence. Punishments often include probation, DUI related conditions such as a Victim Impact Panel, and a lengthy or permanent license suspension.
DUI with Serious Bodily Injury: A third-degree felony punishable by up to five years in prison. Punishments will also include probation, DUI related conditions, and a license suspension.
- Misdemeanor DUIs
First DUI: Up to six months in jail, up to a $1,000 fine ($2,000 with enhancements), and a minimum six-month driver’s license suspension.
Second DUI: Up to nine months in jail, up to a $2,000 fine ($4,000 with enhancements), and—if the arrest occurred within five years of a prior DUI conviction—a mandatory minimum 10 days in jail and a five-year driver's license revocation.
DUI Property Damage or Personal Injury: Up to a year in jail and the potential for enhanced penalties.
DUI with a “High Breath” or Minor in the Car: Up to a year in jail and the potential for enhanced penalties.
Important DUI Information
Florida’s 10-Day License Window: A DUI citation acts as a temporary 10-day driving permit. In order to maintain your driving privilege, you must demand a DHSMV Formal Review Hearing (where you can subpoena and cross-examine the arresting officer under oath early in the case) or secure a hardship waiver within 10 calendar days of arrest.
First-Time Breath/Urine Refusals Are Now a Crime (Fla. Stat. § 316.1939): Many Miami drivers still think a first refusal is only a civil license suspension. A first refusal is now prosecuted as a separate second-degree misdemeanor—and that officers must explicitly warn you that refusal is a crime (not just read an outdated Implied Consent card mentioning only license suspension).
Why Choose Patrick Wilson Law for DUI Defense?
Legitimate Experience: Tried dozens of DUI cases to verdicts, litigated more motions to suppress and dismiss, and have and have repeatedly—through our reputation, effort, and experience—obtained numerous dismissals.
Trusted to Teach Others: Our founding attorney, Patrick Wilson, has trained other lawyers on how to try DUI cases, and, as a training attorney at the Miami-Dade Public Defender’s office tried cases when it was a young lawyer's first DUI trial.
Individualized Advocacy: Every DUI case gets individual attention and specific tailoring. The goal is not to immediately plead the case out or pressure you to enroll in diversion but to work together to get the best result possible for your future.
Comprehensive Consultation
Strategic Case Analysis
Courtroom Representation
