Salcines Law Office

Being arrested for DUI in Miami is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.

Under Florida law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Florida Department of Highway Safety and Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

Pursuant to Florida law, an individual has 10 days to request a hearing from the Department of Highway Safety and Motor Vehicles. Once the arresting officer retains your state issued driver’s license, you are issued a “DUI Citation”, providing you are eligible for the 7 day temporary driver’s permit (hold a valid driver’s license, sign the DUI citation, and submit to the chemical test).  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Highway Safety and Motor Vehicles within 10 days.