Miami DMV Hearing Lawyer

DUI Defense Attorney in Miami, Florida

After a driver is arrested for DUI (driving under the influence) in Miami, the Florida Department of Highway Safety and Motor Vehicles (DHSMV or DMV) will immediately start administrative license suspension proceedings, based upon the driver's refused or failed breath test or blood test. You have only 10 days to contact the DHSMV and request a hearing, or you essentially surrender your right to challenge the suspension or revocation of your driver's license.

Having an attorney on your side to represent you at your DMV hearing is important. Although this is an administrative procedure, it is crucial that your interests are represented and that your rights are protected. Your hearing will address three main issues: whether your arrest was lawful, whether you failed a breath test or blood test, or whether you refused a breath or blood test. An experienced Miami DUI lawyer will be able to challenge these issues by proving that the officer did not have probable cause to make an arrest for drunk driving, that you actually did not refuse chemical testing, or that the breath or blood test was inaccurate in some way.

In many cases, as an attorney prepares for a client's DMV hearing, he or she will get a head start on preparation for the criminal case as well, possibly uncovering evidence or information that can be used to the client's benefit in court or in negotiating with the prosecuting attorney for lesser charges.

DMV Hearings and Administrative License Suspension

Following are the terms of license suspension/revocation that may be imposed due to a DUI arrest or conviction:

First DUI - 180 days to 1 year revocation

Second DUI within 5 years - 5 year revocation

Third DUI within 10 years - 10 year revocation

Fourth DUI conviction - permanent revocation

First breath/blood test refusal - 1 year suspension

Second refusal - 18 months suspension

Talk to an experienced, aggressive Miami DMV hearing attorney today. Contact the Law Office of Michael Mirer, P.A. for a free consultation!