What to Do During and After a DUI Arrest in Miami-Dade County

What Happens During a Miami DUI Investigation?

An officer may begin a DUI investigation after observing an alleged traffic violation, responding to a crash, receiving a report from another driver or encountering a vehicle at a checkpoint or other location.

During the investigation, the officer may ask where you were coming from, whether you consumed alcohol or drugs and how much you consumed. The officer may also look for alleged signs of impairment, including:

• Bloodshot or watery eyes
• Slurred speech
• The odor of an alcoholic beverage
• Difficulty locating a driver’s license or registration
• Problems exiting the vehicle
• Swaying or difficulty balancing
• Confusion or delayed responses
• Unusual driving or involvement in a crash

These observations are subjective and do not automatically establish impairment. Fatigue, anxiety, allergies, injuries, medical conditions, prescription medication, language barriers and environmental conditions may produce similar observations.

What to Do During a Miami DUI Stop

1. Pull over safely. Signal, reduce your speed and stop in a safe location. Keep your hands visible and avoid sudden movements.
2. Provide the required documents. Be prepared to provide your driver’s license, vehicle registration and proof of insurance when requested.
3. Remain calm and respectful. Arguing with the officer is unlikely to end the investigation and may create additional evidence that appears in the police report or body-camera footage.
4. Avoid volunteering unnecessary information. You do not have to explain where you were, what you consumed or how much you drank. You can politely state that you wish to remain silent and speak with an attorney.
5. Do not physically resist. If the officer decides to make an arrest, remain calm. The legality of the detention, investigation and arrest can be challenged later through the court process.
6. Remember that roadside activity may be recorded. Miami-area agencies may use body-worn cameras and dashboard cameras. Statements, movements and reactions at the scene may become evidence.

Should You Perform Field Sobriety Exercises?

An officer may ask you to perform roadside exercises such as the walk-and-turn, one-leg stand or horizontal gaze nystagmus exercise. These tasks are used to gather evidence about coordination, balance, attention and eye movement.

Field sobriety exercises are not the same as a breath, urine or blood test. Whether you were legally required to participate and how a refusal may be used depends on the circumstances. Conditions that can affect performance include:

• Uneven, wet or poorly lit pavement
• Traffic, flashing lights and roadside distractions
• Footwear or restrictive clothing
• Age, weight or physical limitations
• Back, knee, ankle or balance problems
• Fatigue, fear or anxiety
• Difficulty understanding the instructions

If you have a medical condition, injury or other limitation, clearly tell the officer. Do not exaggerate or invent a condition.

Breath, Urine and Blood Testing

Florida’s implied-consent laws can create serious consequences when a driver refuses a lawful breath, urine or blood test. A refusal may result in an administrative license suspension and may be used as evidence. Depending on the circumstances and the driver’s history, a refusal may create additional legal exposure.

Chemical-testing issues are highly fact-specific. A DUI attorney may examine:

• Whether the officer had lawful grounds for the stop and arrest
• Whether implied-consent warnings were properly given
• Whether the requested test was legally authorized
• How the breath-testing device was maintained and operated
• Whether the required observation period was followed
• Whether medical or environmental factors affected the result
• How blood or urine samples were collected, stored and analyzed
• Whether the state can prove an actual refusal

Florida’s current administrative-suspension information is available through the Florida Department of Highway Safety and Motor Vehicles .

What Happens After a DUI Arrest in Miami-Dade County?

After an arrest, a person may be transported to a Miami-Dade correctional facility for booking. Miami-Dade County states that arrested individuals are generally taken to the Turner Guilford Knight Correctional Center for processing.

Booking may include:

• Identity and personal-information verification
• Fingerprinting and photographs
• Medical and mental-health screening
• Property inventory and storage
• Entry of the criminal charges
• Housing and classification decisions
• Bond processing when applicable

Family members can use the Miami-Dade inmate in-custody search to locate someone who has been booked into county custody.

What to Do Immediately After Release

1. Read every document you received. Identify the criminal court date, bond conditions, license-suspension information and any restrictions imposed as a condition of release.
2. Do not drive if your license or driving privilege is suspended. Driving while suspended can create another criminal charge and make the DUI case more difficult.
3. Address the license deadline immediately. Speak with a DUI lawyer about the available administrative-review and hardship-license options before the applicable deadline expires.
4. Preserve potential evidence. Save receipts, photographs, location history, ride-share records, text messages, videos and the names of people who saw you before or after the arrest.
5. Write down what happened. Record what you remember about the stop, officer’s questions, roadside exercises, testing process, arrest, booking and release while the details are still fresh.
6. Follow every release condition. Do not violate no-alcohol orders, monitoring requirements, travel restrictions or other conditions imposed by the court.
7. Avoid discussing the case publicly. Social-media posts, messages and comments about the incident may be found and used as evidence.

A Miami DUI Case Can Involve Two Separate Proceedings

1. The Criminal DUI Case

The criminal prosecution addresses whether the state can prove the DUI charge and any related offenses beyond a reasonable doubt. DUI is a criminal traffic violation, and the Miami-Dade Clerk states that defendants charged with criminal traffic violations must appear in court.

Court dates and case information may be available through the Miami-Dade Clerk of the Court and Comptroller .

2. The Administrative Driver’s License Case

The administrative case concerns the suspension imposed after an alleged unlawful alcohol level or refusal. It is separate from the criminal case and operates under its own procedures and deadlines.

Winning or resolving one proceeding does not automatically determine the outcome of the other. Both matters should be reviewed promptly.

Potential Consequences of a Florida DUI Case

The possible consequences depend on the allegations, test results, prior history, crash circumstances and other case-specific facts. They may include:

• Criminal fines and court costs
• Probation
• Driver’s license suspension or revocation
• DUI school and substance-abuse evaluation
• Community service
• Vehicle impoundment or immobilization
• Ignition-interlock requirements
• Jail or other incarceration
• Higher insurance costs
• Employment or professional-license consequences
• Immigration or international-travel concerns

Enhanced penalties may apply when a case involves prior convictions, a high alleged alcohol level, a minor passenger, a crash, property damage, injury or death.

Evidence a Miami DUI Lawyer May Examine

A DUI arrest is not a conviction. The prosecution must prove each required element, and the defense may challenge the legality, reliability or interpretation of the evidence.

A defense review may include:

• The legal basis for the traffic stop or initial encounter
• Whether the officer had probable cause to make an arrest
• Body-camera, dashboard-camera and roadside-surveillance footage
• 911 calls, dispatch records and computer-aided dispatch logs
• The officer’s training and administration of field sobriety exercises
• Breath-device inspection, maintenance and agency records
• Blood or urine collection and chain-of-custody records
• Medical conditions, medications and alternative explanations
• Witness statements and video from nearby businesses or residences
• Statements attributed to the driver
• Compliance with Florida implied-consent procedures

Common Mistakes to Avoid After a Miami DUI Arrest

• Waiting until the first court date to address the license suspension
• Driving despite a suspension or court restriction
• Missing a court appearance
• Failing to update the court after an address change
• Deleting videos, messages, receipts or location records
• Contacting witnesses and telling them what to say
• Posting details about the arrest on social media
• Assuming a first DUI charge is not serious
• Believing that an arrest automatically means conviction
• Failing to comply with bond or pretrial-release conditions

What If You Live Outside Miami-Dade County?

Miami attracts tourists, business travelers, cruise passengers, seasonal residents and international visitors. A person arrested while visiting Miami must still address the Florida criminal case and any license-related consequences.

Do not assume that returning home ends the case. Florida may report license actions and convictions to another state, and missing court can result in additional consequences. An attorney can determine whether appearances may be handled without requiring every trip back to Miami.

Remain Calm and Avoid Unnecessary Statements

A DUI arrest is stressful, but arguing, resisting or attempting to explain away the situation can make matters worse. Provide the identifying documents required by law, remain respectful and avoid making unnecessary statements about alcohol, drugs, medications, driving or the events leading to the stop.

If questioned after an arrest, you may clearly state that you wish to remain silent and want to speak with an attorney. Do not attempt to negotiate your release or talk your way out of the charge.

This article provides general information and does not constitute legal advice. Florida DUI laws, administrative procedures and court requirements may change. The facts and available options differ in every case. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.