Once you are out of jail, you  will have 2 separate "cases" to deal with:
a) the suspension of your  license by the Florida Department of Motor Vehicles (DMV), and

b) your criminal case, handled by the Dade County State Attorney’s Office.

In order to fight your license suspension, within 10 days of your arrest, you must file for a Formal  Administrative Review with the DMV. A lawyer can help you with this paperwork, and then later represent you in front of the DMV during the Formal Review. This is separate from the DUI Criminal Case with the State Attorney’s Office, but often times, a more important step towards getting back your license, or  obtaining a hardship license.

In Criminal Court, you will be facing up to 1 year in jail for a DUI conviction. You could be facing more time, depending on the charges and the nature of the facts in your case.

What am I facing regarding my license?

Depending on the case, and whether you submitted to the breathalyzer, you will be facing at least a 90 day license suspension. There are several different potential punishments for each individual case. For example, if you refuse the breathalyzer for a second time, your license could be suspended for 18 months without the possibility of a hardship license.

YES. A lawyer can begin work on your defense immediately, and let the State Attorney and DMV know you are serious defending your case. Over time, memories fade, and critical witnesses are lost, and it is important to have an attorney helping you from the beginning. Every person who is arrested can represent themselves without a lawyer. However, we have seen countless situations where by merely hiring an attorney, things change for the better. Considering the various implications regarding your license and possible suspensions, it is crucial to hire a lawyer sooner rather than later.

How much will this cost?

Every case is different. Just like everything in life, "you get what you pay for." You will choose your attorney based on what is most important to you based on your financial situation. We will always make our most competitive offer to earn your business based on the case and possible defenses.

How many DUI cases have you handled?

We have defended over a thousand DUI charges. As former Public Defenders, we handled large caseloads for years at a time in multiple different Dade County courtrooms. Together, we have appeared before every Dade County DUI Judge on the bench. Please see our "Success Stories" page on this website for a small sampling of the cases we have handled.

How many trials have you handled?

Our combined experience is over 100 trials. With our clients approval, we push EVERY case to trial. Trial is the best part of our job.

How long will it take until my case is resolved?

It is our goal to resolve your case as soon as possible. However, a case will usually take at least a few months to be properly resolved, depending on the complexity of the issues and work to be done.

Will I have to go to Court?

We will do everything we can to keep you out of the courtroom as much as possible. For most DUI cases, we can appear in Court for you and even resolve your case without your presence.

Will you be available to me?

Yes. You will find it is very unique that we give all our clients our personal cell phone numbers for 24/7 access. We are selective in who we choose to defend and we provide a high level of service and accessibility to our clients.

How will you try to win my case?

There are several ways to obtain a dismissal in a DUI case. The most important thing you can do is hire a law firm familiar with the various (issues) cases and legal precedents that will help your case. Please see our section on this web site entitled "DUI Defenses" for a brief listing of some of the important legal issues in DUI cases. During our first meeting, we will provide you with an in-depth questionnaire to fill out in order to preserve some issues you might later forget.

Other DUI Questions

What do police officers look for when searching for drunk drivers on the highways?

The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:

• Turning With a Wide Radius
  
• Straddling Center of Lane Marker
  
• "Appearing to be Drunk"
  
• Almost Striking Object or Vehicle
  
• Weaving
  
• Driving on Other Than Designated Highway
  
• Swerving
  
• Speed More Than 10 mph Below Limit
  
• Stopping Without Cause in Traffic Lane
  
• Following Too Closely
  
• Drifting
  
• Tires on Center or Lane Marker
  
• Braking Erratically
  
• Driving into Opposing or Crossing Traffic
  
• Signaling Inconsistent with Driving Actions
  
• Slow Response to Traffic Signals
  
• Stopping Inappropriately (Other Than in Lane)
  
• Turning Abruptly or Illegally
  
• Accelerating or Decelerating Rapidly
  
• Headlights Off
  
• Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety

If I'm stopped by a police officer and he asks me if I've been drinking, what should I say?

You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication and it may explain the odor of alcohol on the breath.

What is the officer looking for during the initial detention at the scene?

The traditional symptoms of intoxication taught at the police academies are:

• Flushed face
  
• Red, watery, glassy and/or bloodshot eyes
  
• Odor of alcohol on breath
  
• Slurred speech
  
• Fumbling with wallet trying to get license
  
• Failure to comprehend the officer's questions
  
• Staggering when exiting vehicle
  
• Swaying/instability on feet
  
• Leaning on car for support
  
• Combative, argumentative, jovial or other "inappropriate" attitude
  
• Soiled, rumpled, disorderly clothing
  
• Stumbling while walking
  
• Disorientation as to time and place
  
• Inability to follow directions

What should I do if I am asked to take field sobriety tests?

There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests.

Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate.

Recently, many states have begun following the federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests:

• Heel-to-Toe (also referred to as "walk-and-turn")
  
• One-Leg Stand
  
• Horizontal Gaze Nystagmus

All other field sobriety tests are disapproved. And unlike non-standardized tests, in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively-- that is, a numerical score is assigned according to specific errors, or "clues".

What about the breathalyzer... Should I blow into that machine?

When you receive your Drivers License, you agree to submit to a breathalyzer test, should an Officer believe you are driving while impaired. Refusing the breathalyzer will subject you to an automatic suspension of your license for one year from the date of the refusal. However, within 10 days of your refusal, you can petition for a Review with the Department of Motor Vehicles to attempt to invalidate the suspension of your license. Should your attorney be successful at the Review, you will get back your license.