El-Naffy Law, P.A.

Miami DUI Defense Lawyer

Serving Miami, Miami-Dade County

Charged with DUI in Miami? Carolle El-Naffy defends drivers arrested by City of Miami PD, FHP, and Miami-Dade Police. Free consultation, bilingual.

(305) 456-7576
"Miami DUI cases live or die on the Gerstein Justice Building motion calendar. Prosecutors here are willing to negotiate when the defense files the right pre-trial motions early — wait until the eve of trial and you lose most of your leverage."
Carolle El-Naffy, Esq.

Recent Miami case results

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DUI — single-vehicle crash on I-95 at Brickell exit

Outcome

Adjudication withheld; reduced to reckless driving.

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DUI with minor in vehicle — Wynwood

Outcome

Charges dismissed after motion to suppress traffic stop granted.

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DUI breath refusal — Bayshore Dr

Outcome

Not guilty verdict at jury trial.

Past results do not guarantee a similar outcome. Every case is fact-specific.

Where Miami cases are heard

Richard E. Gerstein Justice Building

1351 NW 12th St, Miami, FL 33125

All felony arraignments and trials for Miami arrests are heard here. Bond hearings happen daily at the Pre-Trial Detention Center (1321 NW 13th St) within 24 hours of arrest.

Arresting agency: City of Miami Police Department (400 NW 2nd Ave)

Miami DUI — Frequently Asked Questions

What's the difference between a Miami DUI from City of Miami PD vs. Miami-Dade PD?

City of Miami Police only patrol inside city limits. Miami-Dade Police (MDPD) handle unincorporated Miami-Dade and have countywide jurisdiction. Both agencies file cases at the Richard E. Gerstein Justice Building, but their training, breath-test rooms, and report-writing styles differ. The Florida Highway Patrol also makes a large share of DUI arrests on I-95, I-395, and the MacArthur and Rickenbacker causeways.

Will my Miami DUI show up on a background check even if I get adjudication withheld?

Yes. A Florida DUI conviction cannot be sealed or expunged — even with adjudication withheld. The arrest and the disposition will appear on FDLE and FBI background checks for life. That is why our first goal in most cases is to negotiate a reduction to reckless driving (which can sometimes be sealed) rather than accepting a DUI plea.

I was arrested for DUI in Brickell and I'm on a work visa. What now?

DUI is not categorically a deportable offense under federal immigration law, but multiple DUI convictions, DUI with injury, or DUI with a minor in the vehicle can trigger removal proceedings or block naturalization. If you're on H-1B, F-1, J-1, or O-1 status, do not enter a plea before consulting both criminal and immigration counsel. We coordinate with immigration attorneys on every non-citizen case.

Can the State use my refusal to take the breath test against me at trial?

Yes. Florida's implied-consent law allows the prosecutor to argue that your refusal shows 'consciousness of guilt.' We push back on that inference at trial by establishing the surrounding circumstances — confusion, language barrier, prior medical conditions, or the officer's failure to properly read the implied consent warning.

How quickly do I need a Miami DUI attorney?

Within 10 days. That's the deadline to request a formal review hearing with DHSMV to fight the automatic administrative license suspension. After day 10 the suspension is final and your options narrow significantly.

Call Today for a Free Consultation

We're ready to defend your rights. Your first call is always free and confidential.

(305) 456-7576