What to Know After a DUI Arrest in Miami

A DUI arrest in Florida can start two separate matters: a criminal case in court and a driver’s license action handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Patrick David Wilson is the responsible lawyer at Patrick Wilson Law, PLLC, a criminal defense practice based in Miami. This page explains both tracks, the first steps, and the questions to answer before deciding on a lawyer. It is written for drivers and for family members or friends helping someone through a DUI arrest.

What a Miami DUI Defense Lawyer Handles

A DUI defense lawyer handles the criminal charge and any related license matter that follows a DUI arrest. Under Florida’s DUI statute, § 316.193, a person is guilty of DUI when driving or in actual physical control of a vehicle in Florida while impaired to the extent that normal faculties are affected.

Patrick David Wilson concentrates in criminal defense across South Florida. The practice serves Miami-Dade and Broward counties, including Fort Lauderdale, as well as Kendall, Hialeah, Miami Beach, Homestead and the Florida Keys.

This page is written for three kinds of readers. Some are first-time offenders facing a first DUI. Some are licensed professionals whose careers may be affected by a charge. Others are family members or friends looking into options for someone else.

What Happens After a DUI Arrest in Florida

After a DUI arrest, the criminal case and the license matter can run at the same time. Each one follows its own rules and timeline.

The criminal case begins with a first appearance. Under Florida Rule of Criminal Procedure 3.130, a defendant gets a prompt first appearance within 24 hours of arrest. The judge must explain the charge and the defendant’s rights, including the right to communicate with counsel.

The license matter runs through DHSMV. Under § 322.2615, a suspension of the driving privilege may be imposed when a breath or blood alcohol level is 0.08 or higher, or when a required test is refused, depending on the facts and applicable law. The officer issues a 10-day temporary permit if the driver is otherwise eligible. For a first offense at that level, the applicable statute may provide for a suspension of 6 months, depending on the facts of the case and applicable law. The period can differ for refusals and prior suspensions.

The driver may submit materials for a formal review hearing. The hearing may be decided on the officer’s reports, and the driver may subpoena the arresting officer or the person who ran the test. Requesting that hearing on time matters.

Refusing a test is its own issue. Under § 316.1932, a driver must be told that refusing a lawful urine test can lead to a suspension. Under § 316.1939, a first refusal of a lawful breath or urine test is a second-degree misdemeanor.

The two tracks are separate. The result of one does not decide the other. Under § 322.2615, the outcome of related criminal proceedings does not affect a refusal suspension.

Under § 316.1934, a result of 0.08 or higher is prima facie evidence of impairment. A result of 0.05 or less creates a presumption of no impairment. How those rules apply depends on the facts and applicable law.

What Patrick David Wilson’s DUI Defense Covers

Patrick David Wilson reviews the stop, the testing and the arrest against the applicable law. The defense then covers each track where the facts support it.

• Stop and arrest review. This looks at why the officer stopped the car, how field sobriety tests were given and whether the arrest fits the facts. North Miami police guidance describes standardized field sobriety testing and probable-cause arrest decisions.
• Breath and blood test review. This checks how each test was done and recorded. Under § 316.1934, a test must be performed substantially in accordance with approved methods. Insubstantial differences in technique do not by themselves make a test invalid.
• DHSMV hearing. This covers requesting and preparing for the formal review hearing, including subpoenas for the officer or the person who ran the test.
• Criminal case. This covers work from first appearance through negotiation or trial. Each option is weighed on the facts.
• Vehicular homicide charges. A crash that causes a death can bring a charge under § 782.071, which covers reckless operation of a motor vehicle likely to cause death or great bodily harm.

How the Process Works: From First Call to Resolution

The process starts with a consultation, then moves to deadline checks, evidence review and a decision on the path forward.

1. Initial consultation. You share the arrest paperwork, the timeline and your questions. The facts are reviewed before any decision is made.
2. Deadline check. The DHSMV hearing request and the first court date come first, because these dates can be short.
3. Evidence gathering. Where available, the police report, video, test records and officer documentation are requested.
4. Case decision. Options such as negotiation, trial or the administrative hearing are discussed. No particular result is promised.
5. Ongoing updates. You are kept informed before each court date and hearing.

Timing changes with each court calendar and each set of facts. No single timeline fits every case.

Why Some Drivers Choose a Lawyer for a DUI Charge

A lawyer can review the penalties, deadlines and evidence a DUI charge may bring, and explain how they fit together. Each case is different, so the answer comes from reviewing its facts.

A DUI case can involve jail, fines and probation. Under § 316.193, a court may place offenders on monthly reporting probation and may require a substance abuse course from a licensed DUI program, depending on the facts, the court’s order, and applicable law. That course must include a psychosocial evaluation, and the offender assumes reasonable costs for it.

A licensed professional may also face questions from a licensing board or employer. Those questions may be separate from the criminal case. The consultation can cover how the two may connect.

A lawyer can check deadlines, review the evidence, raise procedural questions and communicate with the prosecutor for the client. Two mistakes can make a case harder. One is missing a hearing request date. The other is discussing the arrest with others, including online, before getting advice.

Why This Practice Focuses on Criminal Defense in Miami

Patrick Wilson Law, PLLC focuses on criminal defense, and Patrick David Wilson is the lawyer responsible for the practice. Assistants and office staff support the practice.

The practice handles DUI, domestic violence, sexual battery, vehicular homicide, leaving the scene of an accident, white collar crime and seal and expungement petitions. It also works with first-time offenders, licensed professionals, non-citizens and super speeder cases.

The practice is based in Miami. It serves clients from Broward County to the Florida Keys. Patrick David Wilson’s work centers on clear communication, from the first call through each court date.

Frequently Asked Questions About DUI Defense in Miami

Talk With Patrick David Wilson About Your DUI Charge

If you’re facing a DUI arrest, or helping someone who is, deadlines may already be moving. A conversation can start with the arrest paperwork, any DHSMV notice and the first court date. To schedule, call 786-761-1719 or leave a message through the contact page.