{"id":675,"date":"2026-10-02T00:56:43","date_gmt":"2026-10-02T00:56:43","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/dui-miami-dade-county-arrest-process\/"},"modified":"2026-10-27T14:59:01","modified_gmt":"2026-10-27T14:59:01","slug":"dui-miami-dade-county-arrest-process","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/dui-miami-dade-county-arrest-process\/","title":{"rendered":"DUI in Miami-Dade County: Arrest, License Loss & Defense"},"content":{"rendered":"\n
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DUI Defense in Miami-Dade County<\/p>

Arrested for DUI in Miami-Dade? Protect Your License and Your Future<\/h1>

Patrick Wilson Law defends drivers facing DUI charges across South Florida. From arrest through license suspension and trial, we fight to protect your rights and your record.<\/p>

Schedule a free consultation: 786-761-1719<\/a><\/div>
Schedule a free consultation: 786-761-1719<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 02, 2026<\/p>\n\n

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DUI Arrest in Miami-Dade County: What Happens, What You Lose & Your Defense Options<\/h2>\n

A DUI arrest in Miami-Dade County sets two separate legal processes in motion at the same time. Your driver’s license is suspended immediately\u2014before you’re ever convicted. Meanwhile, criminal charges move through the court system. Understanding both tracks, the deadlines you face, and your rights is critical. This guide walks you through what happens after arrest, what you stand to lose, and how a defense attorney protects you.<\/p>\n\n

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If you've been arrested for DUI in Miami-Dade County or are facing charges, the decisions you make in the next few days will shape your case\u2014reach out now to discuss what happens next. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What Happens When You’re Arrested for DUI in Miami-Dade County<\/h2>\n

When police arrest you for DUI in Miami-Dade County, the process moves quickly. You’re taken to the Miami-Dade County jail for booking. Officers record your personal information, photograph you, and take your fingerprints. You have the right to remain silent<\/a>\u2014use it. Do not answer questions about where you were, what you drank, or how you feel. Anything you say can be used against you in court.<\/p>\n

During booking, you’ll be offered (or required to submit to) a breath or blood test to measure your blood alcohol content (BAC). This is separate from any field sobriety tests you may have performed at the roadside. If you refuse the test, that refusal itself is a criminal charge in Florida, with penalties that can be as severe as a DUI conviction\u2014but it also means the prosecution has no BAC evidence against you.<\/p>\n

Within 24 hours of arrest, you must be brought before a judge for an initial appearance. At this hearing, the judge sets bail or release conditions. For first-time DUI offenders in Miami-Dade, bail is often modest or you may be released on your own recognizance (a promise to appear). Repeat offenders or those with aggravating factors (high BAC, accident, injury) face higher bail amounts or stricter conditions.<\/p>\n

Your License: What You Lose and When<\/h2>\n

The moment you’re arrested for DUI in Florida, your driver’s license suspension begins\u2014this is called administrative license suspension (ALS). It is separate from any criminal case outcome. Even if you’re acquitted of DUI charges, the administrative suspension can still take effect.<\/p>\n

You have exactly 10 days from the date<\/a> of arrest to request a hearing to challenge the suspension. This is a hard deadline. If you miss it, you lose the right to contest the suspension, and your license is suspended automatically.<\/p>\n

At the administrative hearing, the state must prove that the officer had probable cause to stop you and that you were driving with a BAC of 0.08% or higher (or that you refused testing). A defense attorney can challenge the evidence, question the officer, and argue for reinstatement of your license.<\/p>\n

If you lose the administrative hearing or don’t request one, your license is suspended for:\n– 6 months<\/strong> for a first DUI offense (or 1 year if you refused the test)\n– 1 year<\/strong> for a second DUI within 5 years\n– Longer periods<\/strong> for subsequent offenses<\/p>\n

While your license is suspended, you may be eligible for a hardship license. This allows you to drive for specific purposes: work, school, medical appointments, or court-ordered DUI school. A hardship license requires an application and a fee, but it lets you keep your job and meet essential obligations during your case.<\/p>\n

DUI Charges You May Face in Miami-Dade County<\/h2>\n

The specific charges depend on your BAC, whether anyone was injured, and your driving record. Common charges include:<\/p>\n