{"id":4018,"date":"2026-10-17T00:13:43","date_gmt":"2026-10-17T00:13:43","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/dui-lawyer-miami-fl\/"},"modified":"2026-10-27T14:48:20","modified_gmt":"2026-10-27T14:48:20","slug":"dui-lawyer-miami-fl","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/dui-lawyer-miami-fl\/","title":{"rendered":"DUI Lawyer Miami FL: What to Know After a DUI Arrest"},"content":{"rendered":"\n
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DUI Defense in Miami, FL<\/p>

What to Know After a DUI Arrest in Miami<\/h1>

Criminal defense for DUI charges across Miami-Dade, Broward County and the Florida Keys, from attorney Patrick David Wilson. Start with a free, confidential first consultation with no obligation to continue.<\/p>

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By Patrick David Wilson \u00b7 Published October 16, 2026<\/p>\n\n

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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.<\/p>\n

What a Miami DUI Defense Lawyer Handles<\/h2>\n

A DUI defense lawyer handles the criminal charge and any related license matter that follows a DUI arrest. Under Florida’s DUI statute, \u00a7 316.193<\/a>, 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What Happens After a DUI Arrest in Florida<\/h2>\n

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.<\/p>\n

The criminal case begins with a first appearance. Under Florida Rule of Criminal Procedure 3.130<\/a>, 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.<\/p>\n

The license matter runs through DHSMV. Under \u00a7 322.2615<\/a>, 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.<\/p>\n

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.<\/p>\n

Refusing a test is its own issue. Under \u00a7 316.1932<\/a>, a driver must be told that refusing a lawful urine test can lead to a suspension. Under \u00a7 316.1939<\/a>, a first refusal of a lawful breath or urine test is a second-degree misdemeanor.<\/p>\n

The two tracks are separate. The result of one does not decide the other. Under \u00a7 322.2615<\/a>, the outcome of related criminal proceedings does not affect a refusal suspension.<\/p>\n

Under \u00a7 316.1934<\/a>, 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.<\/p>\n

What Patrick David Wilson’s DUI Defense Covers<\/h2>\n

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.<\/p>\n