Defend Your License and Your Future in Kendall

DUI Defense Attorney in Kendall

If you’ve been arrested for DUI in Kendall, you’re facing two separate legal battles: a criminal case and an administrative license suspension that moves on its own timeline. The criminal charges can affect your employment, professional licenses, and record. The license suspension can start within days. Getting a defense attorney early—before you miss critical deadlines—makes a real difference in what happens next.

Patrick Wilson Law defends people across Miami-Dade County, including Kendall, against DUI charges. We work with first-time offenders, licensed professionals whose careers are at stake, and anyone fighting to protect their driving privileges and their future.

DUI Charges in Kendall: What You’re Facing

A DUI charge in Kendall is prosecuted through the Eleventh Judicial Circuit in Miami-Dade County. Under Florida Statutes Chapter 316, DUI offenses range from misdemeanor to felony depending on your prior record and the circumstances of the arrest.

First-offense DUI is typically a misdemeanor. You face up to six months in jail, a $500–$1,000 fine, license suspension for six months, and mandatory DUI school. The arrest itself triggers an immediate administrative license suspension separate from the criminal case.

Second and subsequent DUI offenses within ten years become felonies. A second offense carries up to nine months in jail and a one-year license suspension. A third offense within ten years is a felony with up to five years in prison.

Aggravated DUI—when the offense involves property damage, injury, or a BAC (blood alcohol content) of 0.15 or higher—carries mandatory minimum sentences and longer license revocation.

For licensed professionals—doctors, lawyers, nurses, contractors—a DUI conviction triggers separate reporting to your professional licensing board. That board can impose its own penalties, including license suspension or revocation, independent of the criminal outcome.

How DUI Defense Works

When you’re arrested for DUI in Kendall, the process begins with a traffic stop. A police officer must have reasonable suspicion to stop your vehicle. During the stop, the officer observes your behavior, speech, and physical coordination. If the officer suspects impairment, you may be asked to perform field sobriety tests or submit to a breath or blood test.

Field sobriety tests are not pass-or-fail exams. They’re standardized tests—walk-and-turn, one-leg stand, horizontal gaze nystagmus—designed to measure balance and coordination. Many conditions unrelated to impairment affect performance: fatigue, medical conditions, medications, footwear, and road surface all matter. An officer who doesn’t administer these tests correctly, or who doesn’t document the conditions, gives a defense attorney grounds to challenge the results.

Breath tests measure blood alcohol content through a breathalyzer device. These machines require regular calibration and maintenance. If the device wasn’t calibrated on schedule, if maintenance records are missing, or if the officer didn’t follow the proper procedure—like observing you for 15 minutes before the test—the results can be challenged or excluded from evidence.

Blood tests are sent to a laboratory. The chain of custody—the documented record of who handled the sample, when, and how—must be unbroken. Any gap in that chain, any deviation from proper storage or handling, can undermine the test’s reliability.

Your attorney will request discovery: police reports, dashcam and body-camera video, the officer’s training records, the breathalyzer maintenance logs, and lab reports. These documents often reveal procedural errors, training gaps, or equipment problems that weaken the prosecution’s case.

What Makes a DUI Case Weak

Not every DUI arrest leads to a conviction. Many cases have defenses.

An improper traffic stop is the foundation. If the officer lacked reasonable suspicion to stop your vehicle—if you weren’t swerving, speeding, or violating a traffic law—the entire stop is unconstitutional. Any evidence gathered after an unlawful stop may be excluded.

Faulty breath or blood testing is common. Breathalyzers must be calibrated regularly. If calibration records are missing or overdue, the test is unreliable. Blood tests must follow strict chain-of-custody procedures. If the sample wasn’t properly stored, transported, or tested, the result is questionable.

Field sobriety test errors occur when an officer doesn’t follow standardized procedures. The horizontal gaze nystagmus test, for example, requires specific lighting and positioning. If the officer didn’t follow the protocol, the test is unreliable.

Officer training deficiencies matter. DUI detection training is standardized. If an officer wasn’t properly trained in administering field sobriety tests or in recognizing impairment, their observations are less credible.

Medical conditions and medications can mimic impairment. Diabetes, inner ear disorders, acid reflux, and many medications affect balance, speech, and coordination. These conditions can explain your performance on field sobriety tests or affect your blood alcohol reading.

Is a Lawyer Worth It for a DUI

The difference between a public defender and a private defense attorney often comes down to resources and attention.

Public defenders handle high caseloads. In busy Miami-Dade County courts, a public defender may have limited time to investigate your case, challenge evidence, or negotiate with the prosecutor. If you qualify for a public defender and cannot afford private counsel, a public defender will defend you. But if you can afford private representation, an attorney who can dedicate focused time to your case often achieves better outcomes.

A defense attorney protects your rights from the moment of arrest. We review whether the stop was legal, whether your Miranda rights were honored, and whether the investigation followed proper procedures. We challenge evidence that’s unreliable or obtained unlawfully. We negotiate with prosecutors for reduced charges, alternative resolutions, or diversion programs for first-time offenders.

For licensed professionals, early representation is critical. An attorney can sometimes negotiate a resolution that minimizes reporting to your professional board or preserves your ability to seek a license restoration later.

The License Deadline Most People Miss

Here’s what many people don’t know: your driver’s license suspension is not part of the criminal case. It’s an administrative action by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

When you’re arrested for DUI in Miami-Dade County, your license is suspended immediately. You have only 10 days from the date of arrest to request an administrative hearing to challenge that suspension. If you miss this deadline, your license suspension becomes final—no hearing, no second chance.

At the hearing, the FLHSMV must prove that you were driving, that you were lawfully stopped, and that you either failed or refused a breath or blood test. An attorney can cross-examine the officer, challenge the evidence, and fight to keep your license.

If you lose the administrative hearing, you may still be eligible for a hardship license, which allows limited driving for work, school, or medical appointments. A hardship license requires an application and approval from FLHSMV. An attorney can guide you through this process and help you apply immediately.

First Offense, Felony, and Aggravated DUI in Kendall

First-offense DUI is a misdemeanor. Penalties include jail time (up to six months), fines ($500–$1,000), a six-month license suspension, mandatory DUI school, and probation. For first-time offenders, some prosecutors offer diversion programs or reduced charges if you complete DUI school and other conditions.

Felony DUI occurs when you have a prior DUI conviction within ten years, or when the current offense involves property damage or injury to another person. A felony DUI carries up to five years in prison, depending on the number of priors. A felony conviction affects employment, housing, professional licenses, and voting rights.

Aggravated DUI involves a BAC of 0.15 or higher, property damage, or injury. Aggravated DUI carries mandatory minimum sentences and longer license revocation (up to three years).

Defense strategies differ by charge level. For a first offense, we focus on challenging evidence, negotiating with the prosecutor, and positioning you for diversion or reduced charges. For felony or aggravated DUI, we investigate more thoroughly, file pre-trial motions to exclude evidence, and prepare for trial if necessary.

DUI Defense for Licensed Professionals in Kendall

If you hold a professional license—medical, legal, nursing, contracting, real estate—a DUI conviction has consequences beyond the criminal case.

Florida’s professional licensing boards are notified of DUI convictions. Your board may impose separate penalties: license suspension, probation, mandatory treatment, or revocation. These consequences can end your career, even if the criminal case is resolved favorably.

Early representation allows us to explore options that minimize professional consequences. Sometimes we can negotiate a resolution that delays or limits reporting to your board. In other cases, we work to seal or expunge your record after successful completion of probation, which can help protect your professional standing.

How Much Does a DUI Lawyer Cost

The cost of DUI defense varies. Some attorneys charge a flat fee for a first-offense misdemeanor DUI; others bill hourly. The fee depends on the charge severity, whether the case goes to trial, and the complexity of the evidence.

Early representation often costs less overall. An attorney who gets involved immediately can sometimes negotiate a resolution without extensive investigation or trial preparation. Waiting until trial is imminent usually means more work and higher costs.

The best way to understand the cost for your specific situation is to discuss it directly with an attorney. A free consultation lets you ask questions, learn your options, and understand what representation would cost.

Where Your Kendall DUI Is Heard

DUI cases in Kendall are prosecuted in Miami-Dade County Criminal Court, part of the Eleventh Judicial Circuit. Your case will proceed through arraignment (your first court appearance), pre-trial motions, discovery, and potentially trial.

At arraignment, you’ll be informed of the charges, advised of your rights, and the question of bail will be addressed. Pre-trial motions allow your attorney to challenge evidence, suppress statements, or move to dismiss charges. If the case doesn’t resolve, it proceeds to trial before a judge or jury.

Frequently Asked Questions

Next Steps: Get a Defense Attorney in Kendall

If you’ve been arrested for DUI in Kendall or anywhere in Miami-Dade County, don’t wait. The administrative license suspension deadline is 10 days from arrest. The criminal case will move forward whether you’re ready or not.

Patrick Wilson Law handles DUI defense for first-time offenders, licensed professionals, and anyone facing DUI charges in South Florida. We investigate your case, challenge the evidence, and fight to protect your license, your career, and your record.

Contact us for a free consultation. Call 786-761-1719 or visit our contact page to discuss your case. People facing DUI charges in Kendall reach out every week—you don’t have to face this alone.