DUI Defense for Pembroke Pines
You may disagree with a DUI report but not know which part matters most. Was the test wrong? Did the officer record a refusal when you tried to comply? Miller & Jacobs helps you check the proof behind the charge and the choices that cannot wait.
For a suspension under section 322.2615, the general review-request window is 10 days after the suspension notice is issued. Tell us that date when you call. We serve Pembroke Pines from our Pompano Beach office.
Identify the fact in dispute
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Mark J. Miller and Rick S. Jacobs
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Define the Dispute
Start by sorting the records into the conduct alleged, the test evidence, and any refusal count. Note which facts you agree with, which you dispute, and which you cannot yet check. Those differences tell the lawyer what to investigate.
Florida law covers driving or actual physical control of a vehicle while normal faculties are impaired by alcohol or specified substances. Normal faculties are everyday abilities, such as balance, speech, and judgment. The law also covers a blood or breath alcohol level of .08 or more. A DUI case does not always require a breath-test number.
Actual physical control means being in or on a vehicle with the ability to operate it, even if you are not driving it at that moment. Being parked does not settle that issue. Tell counsel where you were and who could operate the vehicle.
Normal-faculties and alcohol-result rules · Current Florida criminal jury instructions
Find out which sample produced the result and when it was taken. The test record should be compared with the rest of the encounter, not treated as a number with no history. Tell counsel about any problem during collection or testing.
Name the detail you dispute. Was it speech, balance, driving, or a response to a question? Explain what was happening at that moment. A clear account is more useful than simply saying the officer was wrong.
A refusal label raises different questions: what test was requested, what warning was given, and what you said or did next. Keep those issues separate from whether you were impaired. Your lawyer needs to examine both.
A prior conviction, a higher alcohol level, a passenger under 18, or a crash causing harm can change the potential penalties. The exact charge and prior record matter. A first-offense penalty chart cannot tell you the result of your case.
For the firm’s broader approach to charges and investigations, see its Florida criminal-defense practice. See the Pembroke Pines criminal defense guide for local records and related defense questions.
A Rule That Changed
A law that took effect October 1, 2025 changed the rule for first refusals. A qualifying first refusal of a lawful breath or urine test is now a second-degree misdemeanor. Section 316.1939 requires more than the word “refused” in a report. Counsel must check the lawful request, required warnings, arrest facts, and response.
This criminal rule does not cover every blood-test refusal. License suspensions and criminal refusal charges follow different rules. Counsel should check the test requested and the law in force on the date of the event.
Current refusal statute · 2025 law and effective date
If you tried to give a sample, describe each attempt and any instructions, symptoms, or equipment problems you recall. If you said no, give the exact words as best you can. Do not fill a gap with a guess. The recording may help clarify the exchange.
Before You Choose a License Route
The license process is separate from the criminal case. A request for review does not itself stop the suspension. An initial temporary permit is available only to an otherwise eligible driver and expires at midnight on the tenth day following issuance of the suspension notice. Check your actual authority before driving.
Review and temporary-permit rules
An informal review looks at the papers sent in. A formal review allows testimony and evidence before a hearing officer. The choice should fit the issues in your record. Do not assume that filing any form keeps every option open.
Section 322.271(7) sets a narrow route. The driver must have no prior DUI conviction, no prior suspension under section 322.2615, and no prior disqualification under section 322.64. Similar out-of-state convictions count. A first arrest alone does not mean you qualify.
Under that waiver route, accepting restored driving rights gives up formal and informal review of the suspension. The license is limited to business purposes for the suspension period. DUI-program enrollment and the rules for approval also matter. Discuss the tradeoff before you accept it. A request is not permission to drive.
Restricted-driving eligibility and waiver
Tell the lawyer what you need to do each day and disclose any old license action, even if the criminal charge was dropped. Ask which route is available, what it gives up, and who will complete the required filing. Do not wait for the next court date to have that discussion.
Make the Evidence Useful
For a Pembroke Pines arrest, begin with the agency named on your papers. If it was Pembroke Pines Police, the city’s Records Section gives access to reports and records that are open to the public. Its records page links to the online request portal. Asking for a public report does not replace a lawyer’s review of the evidence in the court case.
Pembroke Pines Police records information
Save any video you lawfully have that shows the approach, driving, or first contact. Note the camera location and whether the file has sound. Tell counsel where another recording may exist; do not assume it will be kept indefinitely.
Point out the specific direction, physical task, or response that needs review. Explain an injury, footwear issue, or trouble hearing in your own words. Keep relevant treatment records. Do not coach another person to support your account.
Florida law allows access, on request, to certain test details. These include how the test was done, when the sample was taken, the result, the test operator’s permit, and required instrument-inspection details. Counsel can decide what else to check and whether an expert may help.
Preserve full receipts, ride records, messages, or photos that may help establish where you were or when something happened. Keep originals, including unfavorable material. Tell the lawyer which facts you remember and which came from someone else.
Florida testing-information provisions
If another agency handled the encounter, name it rather than sending every request to Pembroke Pines Police. A useful request says what event and record you mean and which question it may answer. Your lawyer can help find the right source and process.
A Focused First Conversation
You do not have to solve the case before you call. Have your papers nearby. Explain the driving problem and the point you want a lawyer to check. Ask how to share private records safely.
A Criminal Charge, Not Just a Traffic Payment
The Broward Clerk distinguishes criminal traffic charges from civil tickets. A criminal traffic or misdemeanor charge requires a court appearance. Do not treat a DUI as a ticket you can resolve by choosing the payment option for a civil infraction.
Check the division, hearing date, location, and attendance instructions on the current notice. Broward has several court locations; a Pembroke Pines address does not identify your courtroom. Ask counsel whether you must personally attend that hearing or whether an approved waiver applies. If you have more than one citation or a felony allegation, have each case number checked. Follow the current orders while any change is being requested.
Broward traffic and misdemeanor information · Broward courthouse locations
From a Dispute to a Defense Plan
Not every case needs the same court motion, expert, or inquiry. Miller & Jacobs can review the record and explain which work fits the facts. The aim is to help you choose, not promise that one error will end the case.
Review why the officer approached or stopped the vehicle and what supported the next steps. A legal challenge needs facts and a rule that applies to them.
Compare the report with full recordings and key records. Look for a conflict, a conclusion without support, or a missing source. Discuss whether new facts could change the advice.
Discuss the charge, possible sentence, driving effects, and any issues for work or a professional license. Raise immigration concerns before a plea; separate advice may be needed.
Review the witnesses, exhibits, and legal issues that would matter at a hearing or trial. Ask what can be established now and what remains uncertain.
You should leave a case discussion knowing which fact needs more work, which choice is urgent, and who is handling it.
The People and the Engagement
There is no charge for the first consultation. Any agreement to hire the firm comes afterward. Ask whether the work covers the criminal case, suspension review, a restricted-license request, and any related charge. Discuss the cost of evidence work or experts and how you would approve added work.
If the firm accepts your criminal-defense matter, Mr. Miller or Mr. Jacobs will be the responsible attorney. Staff, investigators, or other professionals may assist with the work. Confirm which partner is handling your case and how to reach the office about an urgent issue.
Partner
Mark’s biography describes his prosecution, insurance-defense, and trial background. Ask which issues in your DUI matter need early attention and how the firm would keep you informed.
Partner
Rick’s biography describes his prosecution and trial background. Discuss the evidence you dispute, the court obligations ahead, and the scope of the representation you are considering.
Before the call ends, confirm whether the firm has agreed to act and who is responsible for any approaching deadline. A message sent through a website does not by itself create an attorney-client relationship.
Questions About the Facts in Front of You
These are general answers, not advice about your case. A lawyer needs to review your records, history, and the law on the date of the event.
Describe each attempt, the directions you received, and what happened next. Mention any health problem or trouble using the equipment. Keep the full record rather than a selected clip. Trying to give a sample does not settle the legal issue. Counsel must compare your account with the warning, test record, and law.
Not always. Section 322.271(7) also looks at past DUI license suspensions and commercial-driver disqualifications. A court case ending without a conviction does not erase a separate license action. Give the lawyer the old records before assuming you qualify.
Florida law provides access on request to specified testing details. These include how the test was done, when the sample was taken, the result, the operator’s permit, and required instrument-inspection information. Tell counsel what you already have. A printout may be only part of the record needed to assess the result.
Do not assume that resolves the DUI or any other count. Have each ticket and case number checked. Broward treats criminal traffic charges differently from ordinary civil tickets. Follow the hearing notice. Get advice before choosing an option that may affect a charge.
No. You can begin with the citation, suspension notice, and your account of what happened. Name the arresting agency and give any report number you have. Do not put off advice about a license deadline or court duty while waiting for a report.
Yes. Florida law also covers impairment of normal faculties. A qualifying result of .05 or less creates a presumption against alcohol impairment, but other evidence can overcome it. A result above .05 but below .08 creates no presumption either way. The number matters, but counsel must assess it with the rest of the proof.
Florida alcohol-test presumptions · Florida testing-information provisions
Pembroke Pines Clients | Pompano Beach Office
Call about the charge, the disputed fact, and any upcoming date. If you do not have a paper or cannot remember a detail, say so. You do not need a polished version of events to ask for help.
1600 S. Federal Highway, Suite 1101
Pompano Beach, FL 33062
