Miami DUI Attorneys

We Know How to Fight Drunk Driving Charges

Thousands of people are arrested for DUI in Miami each year as a result of the city’s active nightlife, steady flow of visitors, and frequent police patrols. Because of this heightened enforcement, even cautious drivers can find themselves facing criminal charges that move quickly through Miami-Dade County’s courts.

A DUI conviction in Florida carries serious and lasting consequences. Penalties may include jail time, steep fines, license suspension, probation, and the installation of an ignition interlock device. The higher your blood alcohol content or the presence of aggravating factors such as an accident or prior conviction can lead to much harsher penalties.

Jeffrey S. Weiner, P.A. has spent more than fifty years defending clients charged with driving under the influence in Miami and throughout South Florida. Led by Jeffrey S. Weiner, a Board-Certified Criminal Trial Lawyer and former president of both the National and Florida Associations of Criminal Defense Lawyers, our team combines deep courtroom experience with strategic defense planning. We understand how prosecutors pursue DUI cases and work to challenge their evidence, protect your record, and pursue the best possible result for your future.

Discuss your case during a free consultation with an experienced Miami DUI lawyer by calling (305) 985-6640 or contacting us online today.

Protect Your Future with Experienced DUI Defense

A DUI charge affects more than your license or record — it can touch nearly every part of your life. The attorneys at Jeffrey S. Weiner, P.A. take a comprehensive approach to defense, addressing both the criminal case and the administrative process that follows an arrest in Miami. Our work focuses on protecting your rights, preserving your driving privileges, and limiting the long-term impact of the charge.

Our Miami DUI defense team can:

• Examine every stage of the arrest to identify procedural errors or violations of your rights
• Challenge breath, blood, and field sobriety test results for accuracy and reliability
• Represent you at administrative hearings with the Department of Highway Safety and Motor Vehicles (DHSMV) to contest license suspension and pursue reinstatement
• Negotiate with prosecutors to reduce or dismiss charges when possible
• Prepare and present a thorough defense in court when trial is the most effective option
• Guide you through local requirements such as DUI school, alcohol evaluations, and community service
• Manage communication with law enforcement, the courts, and the DHSMV on your behalf
• Provide clear, steady guidance from your first consultation until your case is resolved

DUI Charges We Defend Against

Florida treats driving under the influence as a serious criminal offense, and the penalties increase sharply with each conviction. While a first or second DUI is usually a misdemeanor, repeat offenses or cases involving injury or death are prosecuted as felonies. Felony DUI charges carry the potential for years in prison, heavy fines, long license suspensions, and a lasting criminal record.

Jeffrey S. Weiner, P.A. represents clients facing the full range of DUI charges in Miami, including:

• Felony DUI. Third offense within 10 years of a prior conviction, fourth or subsequent offenses, or cases involving prior convictions in or outside Florida.
• DUI with Serious Bodily Injury. Accusations that the alleged impairment caused significant harm to another person.
• DUI Manslaughter. Cases where a crash results in death, often aggressively prosecuted by the Miami-Dade State Attorney’s Office.
• Enhanced DUI. Charges involving a high blood alcohol level, minors in the vehicle, or property damage.

Felony DUI prosecutions in Miami receive close attention from law enforcement and prosecutors who often pursue maximum penalties. These cases demand a defense that anticipates the state’s tactics and challenges every element of the evidence.

You can also learn about our Underage DUI defense here.

How Our Miami DUI Attorneys Defend Your Case

Miami DUI lawyers can use several defense strategies to challenge DUI charges in Florida. Common defenses include:

• Improper Traffic Stop. If the officer lacked reasonable suspicion to stop your vehicle or failed to follow proper procedures during the traffic stop, evidence obtained may be inadmissible in court. If the stop was illegal, your attorney can move to have the charges dismissed.
• Faulty Sobriety Tests. Field sobriety tests are not always accurate, and may be influenced by weather conditions, physical limitations, or nervousness. We challenge the validity of these tests by questioning the procedures followed and the officer’s interpretation of the results.
• Breathalyzer & Blood Test Issues. Breathalyzer and blood tests are commonly used to determine a driver’s BAC, but these tests are not always reliable. Issues with calibration, maintenance, or administration can affect accuracy. We can use expert testimony to challenge the test results.
• Medical Conditions or Medications. Certain medical conditions or medications can affect the results of field sobriety or breathalyzer tests. Your attorney can present evidence that medical issues contributed to the results and may have caused you to appear impaired when you were not.
• Lack of Evidence of Impairment. The prosecution must prove beyond a reasonable doubt that you were impaired by alcohol or drugs while driving. Your lawyer can challenge the evidence and argue that there was insufficient proof of impairment.

Understanding Florida’s DUI Laws

Florida law, under Statute §316.193, makes it a crime to drive or be in control of a vehicle while impaired by alcohol or drugs, or with a blood alcohol level of 0.08% or higher. Impairment means that a person’s normal abilities — such as balance, coordination, vision, hearing, or judgment — are affected enough to make driving unsafe.

In Miami, DUI enforcement is strict. Police use roadside field tests and breath analyzers that the courts routinely accept as evidence. The state’s implied consent law also means that anyone driving in Florida has already agreed to testing if lawfully stopped. Refusing chemical testing when lawfully requested can lead to an automatic license suspension, even without a conviction. Regaining a license afterward can involve mandatory classes and strict county requirements.

We guide clients through every part of this process. Our attorneys review how the stop occurred, whether testing followed proper procedures, and how the evidence was handled. Many DUI cases turn on small details, and our goal is to find them — to challenge what can be challenged and protect your future at every step.

Miami’s busy criminal docket and the unique challenges of the county’s legal system make local experience an asset when navigating a DUI charge. We remain current on updates to city ordinances, trends in Miami-Dade DUI enforcement, and any changes in how courts handle diversion programs.

What Are the Penalties for a DUI in Florida?

The penalties for a Florida DUI depend on whether aggravating factors were present at the time of the offense. Aggravating factors may include having prior violations, high BAC levels, a minor in the vehicle at the time of the offense, or causing an accident resulting in damage, serious bodily injury, or death.

Below are the potential punishments a court can impose upon a DUI conviction:

First Violation

• Between $500 and $1,000 in fines
• Up to 6 months of incarceration
• If BAC was .15 or higher or a minor was in the vehicle: 
  • Between $1,000 and $2,000 in fines
  • Up to 9 months of incarceration
• 10 days of vehicle impoundment
• Between 180 days and 1 year driver’s license revocation

Second Violation

• Between $1,000 and $2,000 in fines
• Up to 9 months of incarceration
• If BAC was .15 or higher or a minor was in the vehicle:
  • Between $2,000 and $4,000 in fines
  • Up to 12 months of incarceration
• If the offense occurred within 5 years of a prior conviction: 
  • Mandatory minimum of 10 days of incarceration
  • 30 days of vehicle impoundment
  • Minimum of 5 years driver’s license revocation

Third Violation

• Between $2,000 and $5,000 in fines
• Up to 5 years of imprisonment
• If BAC was .15 or higher or a minor was in the vehicle:
  • Not less than $4,000 in fines
• If the offense occurred within 10 years of a prior conviction:
  • Mandatory minimum of 30 days of imprisonment
  • 90 days of vehicle impoundment
  • Minimum of 10 years of driver’s license revocation

Fourth or Subsequent Violation

• Between $2,000 and $5,000 in fines
• Up to 5 years of imprisonment
• Mandatory permanent driver’s license revocation

DUI Involving Property Damage or Bodily Injury

• Up to $1,000 in fines
• Up to 1 year of incarceration

DUI Involving Serious Bodily Injury

• Up to $5,000 in fines
• Up to 5 years of imprisonment

DUI Manslaughter

• Up to $10,000 in fines
• Up to 15 years of imprisonment

DUI Manslaughter – Leaving the Scene

• Up to $10,000 in fines
• Up to 30 years of imprisonment

Beyond the court’s sentence, a DUI conviction in Miami can create long-term challenges that affect nearly every part of daily life. Insurance premiums often skyrocket, and some employers may terminate or refuse to hire applicants with criminal convictions. Professional and commercial licenses can also be suspended, and anyone who drives for work may face additional restrictions from their employer or the state. Travel abroad becomes more difficult, particularly to countries that restrict entry based on criminal history. These penalties may not appear on a sentencing order, but they can impact your finances, reputation, and future opportunities for years to come.

If you are facing DUI charges, Jeffrey S. Weiner, P.A. can help you understand the full scope of the consequences and work to minimize their effect. Our attorneys have decades of experience defending clients in Miami-Dade courts and know how to protect your record and your future.

Defending Your Right to Drive

After a DUI, the DHSMV immediately begins the administrative suspension process. Drivers have just ten days to request a hearing to contest that suspension. Missing this deadline can leave you without a license for months, making it difficult to commute, work, or care for your family.

Jeffrey S. Weiner, P.A. assists clients with every part of this process. Our attorneys handle the hearing request, represent you before the DHSMV, and pursue all available options to preserve or restore your driving privileges. We also guide clients through the requirements for hardship licenses, DUI school enrollment, and other local conditions, including ignition interlock installation in certain cases.

Our goal is to help you stay compliant while protecting your ability to drive legally during and after your case. With prompt action and experienced legal guidance, you can navigate Florida’s reinstatement system with greater confidence and clarity.

Let Our Dedicated DUI Defense Lawyers Fight for You

Being charged with a DUI can feel overwhelming and frightening. At Jeffrey S. Weiner, P.A., we provide the honest and comprehensive legal counsel you need. We are here to answer your questions and explain your options clearly and directly.

Schedule a consultation with an experienced Miami DUI lawyer by calling (305) 985-6640 or submitting an online contact form.

Commonly Asked Questions

How much does a DUI lawyer cost? 

The cost of hiring a DUI lawyer depends on several factors, including the seriousness of the charge, the amount of evidence involved, and whether the case goes to trial. Legal fees typically reflect the level of preparation and advocacy required to protect your rights. We are transparent about costs from the beginning. During your free consultation, we explain the process, outline what your case may involve, and help you understand the legal options available before you make any decisions.

What is the 10-day rule for DUI in Florida? 

The “10-day rule” in Florida means that a person arrested for DUI must request an administrative hearing within 10 days of arrest if they seek to contest automatic suspension of their driver’s license. Failing to make this request within 10 days results in an automatic suspension, typically for six months for a first offense.

Can you get a DUI dropped in Florida? 

While it is possible for a DUI charge to be dropped in Florida, this is rare and usually occurs only if there is insufficient evidence, or concerns arise about how law enforcement conducted the DUI stop or tests. An experienced DUI attorney in Miami may challenge the evidence, which could lead the prosecutor to reduce or dismiss the charge.

Is your firm available after hours or on weekends?

Yes. DUI arrests often occur at night or on weekends, and immediate guidance can make a difference in how your case begins. We are available 24 hours a day, seven days a week to assist clients who have been arrested or need urgent legal advice. Our attorneys respond quickly to calls and messages so you can reach a qualified professional whenever you need help.