DUI And BUI Defense Attorney In Miami

Last updated on October 26, 2026

One minute you are out celebrating with family and friends, enjoying a good time. The next minute, you find yourself in the back of a police car, charged with a DUI. I am attorney Orlando Rodriguez and I provide the hard-hitting defense you need right now. I know the local court system from the inside out. I have personally handled over 500 DUI cases over 20 years as an experienced criminal defense attorney in Miami-Dade County, and I guarantee you a rigorous defense. I fight to protect drivers in Hialeah, Doral, Miami and beyond from losing everything.

DUI Penalties In Florida: What Is At Stake?

A DUI conviction brings severe, lifelong repercussions. Florida laws punish drivers harshly, and the state updates these rules constantly to increase penalties. Here is what you face under the guidelines for a first DUI offense Florida penalties:

• Fines: Totaling between $500 and $1,000.
• Jail time: Up to six months in a county jail.
• License revocation: A court-ordered mandatory revocation of driving privileges for 180 days to one year upon conviction, separate from immediate administrative suspensions.
• Ignition Interlock Device: Mandatory installation in your car if your blood alcohol level was .15 or higher.
• Community service: A mandatory 50 hours of public service.

If you face a second DUI conviction within five years of a prior offense, penalties increase significantly and a mandatory minimum sentence of 10 days in jail applies.

The 10-Day Rule And DHSMV Administrative Hearings

When you are arrested for a DUI in Florida, a strict 10-day countdown begins immediately. You have only 10 calendar days from the exact date of your arrest to challenge the automatic administrative suspension of your driver’s license.

Why You Face Two Separate Legal Cases

A DUI arrest creates two entirely separate legal proceedings:

• Fight criminal penalties in court: Resolves criminal guilt, fines, probation or potential jail time before a judge.
• Protect driving privileges with the DHSMV: Addresses driver’s license suspensions directly through the Florida Department of Highway Safety and Motor Vehicles.

Winning or dismissing your criminal court case does not automatically reinstate your driver’s license. The DHSMV operates independently and can sustain your suspension even if criminal charges are dropped.

Choosing Your Options: Formal Review Hearing Or Waiver

Within the 10-day window, you must choose one of two options:

• Waive the hearing for an immediate hardship license: Allows eligible first-time offenders to secure immediate driving privileges for work or school without serving a mandatory “hard” suspension period.
• Request a formal review hearing to challenge the suspension: Fights the license suspension entirely before a DHSMV hearing officer to restore full privileges, though losing results in a 30- to 90-day hard suspension with no driving allowed.

We carefully evaluate your driving history and case facts to help you select the legal path that keeps you on the road safely.

How We Protect Your License

At the Law Offices of Orlando Rodriguez P.A., I move fast to safeguard your freedom to drive. Within the crucial 10-day period, I file the formal challenge with the DHSMV, obtain a temporary driving permit so you can keep driving legally, and build a targeted defense strategy to represent you at the hearing.

Florida’s New Breath Test Refusal Law (Trenton’s Law)

You must understand a critical legal change that took effect on October 1, 2025, known as Trenton’s Law. Under Florida’s Trenton’s Law, the state now classifies your very first refusal to take a lawful breath or urine test as a second-degree criminal misdemeanor. Previously, a first refusal only caused an administrative license suspension. Now, refusing the test means you will face a separate, additional criminal charge at the same time as your underlying DUI case.

My Strategy: How I Fight Your DUI Arrest Process In Miami

At the Law Offices of Orlando Rodriguez P.A., I do not just accept the police officer’s version of the story. I dissect the entire DUI arrest process Miami law enforcement used against you. I immediately challenge the state’s case using aggressive, proven tactics.

• Analyze field sobriety test accuracy in Florida: Officers often grade these physical tests unfairly, especially after a long, exhausting shift at a construction site or warehouse.
• Expose breathalyzer test errors: Intoxilyzer machines fail when police do not calibrate them correctly or when they skip the mandatory 20-minute observation period.
• File a motion to suppress DUI evidence in Florida: If police pulled you over without a valid reason, I ask the judge to throw out all the evidence they gathered.
• Uncover DUI evidence challenges: I look for missing video footage, broken chain of custody for blood samples and contradictions in the officer’s report.

Through these steps, I build a strategy on how to beat a DUI in Florida by forcing the prosecutor to see the flaws in their case. I fight to get your charges reduced or dropped completely.

Boating Under The Influence (BUI) In Miami

Miami has beautiful waters, but law enforcement patrols Biscayne Bay and local marinas aggressively. A BUI arrest in Miami carries consequences just as damaging as a highway arrest. Boating Under the Influence (BUI) in Miami requires a serious, calculated defense.

The boating under the influence Florida penalties scale up quickly based on your record:

• First BUI conviction: Punishable by up to 6 months in jail and a $1,000 fine.
• Third BUI within 10 years: Up to 5 years in Florida state prison because the state upgrades this to a third-degree felony.
• BUI manslaughter: An accident resulting in a fatality is a second-degree felony carrying a mandatory minimum prison sentence of 4 years, which upgrades to a first-degree felony if you have prior qualifying impairment convictions.

Do not assume a boating ticket is minor. I apply the same aggressive defense tactics to marine law enforcement actions as I do to highway traffic stops.

Arrested While Visiting Miami?

If you live outside of Florida but police arrested you while you were visiting Miami on vacation, on a cruise or for college, you face unique headaches. I handle your local court appearances so you do not have to fly back to Miami constantly. I manage the paperwork and hearings remotely, allowing you to stay home and protect your job while I fight your charges here.

Do Not Wait. Contact Me Today To Defend Your Rights

When facing a DUI, timing is everything. Seeking legal assistance immediately is the best way to safeguard your rights. Contact me at 786-687-5174 or via email right now to set up a confidential consultation. I am ready to step up 24/7, and I will begin working on your defense without delay. Se habla español.