MIAMI, FLORIDA DRIVING UNDER THE INFLUENCE ATTORNEY
I was arrested for DUI, now what?
Your life can change in an instant. One minute you are out celebrating with friends and family, enjoying a special occasion or a night out and the next minute you are in handcuffs, sitting in the back seat of a police car while your car gets towed. You have just become a criminal defendant, and that moment, it doesn’t matter that you were celebrating a special occasion and having a great time with family and friends, you are left in a state of shock as door to the jail cell slammed shut.
Driving Under the Influence (DUI) is a serious criminal offense that not only carries a strong social stigma but is also aggressively prosecuted by the State Attorney’s Office. In addition, DUI is the one crime most likely to affect our family, friends, professionals and those who have never been arrested previously, and will likely never encounter the criminal justice system again. Those arrested and accused of DUI are not hardened criminals but honest, educated and hard-working people.
Being arrested can be frightening and life-altering. Your head is spinning and the fact that you are worried beyond belief is an understatement. That’s why I created the “Six Pack of Questions That Can Cause a Hangover after a DUI Arrest.” Click the button below to get immediate access to this FREE and valuable information. You would be wise to request this great information immediately following your DUI arrest. Learn how to hire a DUI lawyer and how inexperienced lawyers lose winnable cases because they fail to recognize issues with your case.
Arrested for DUI? You have two (2) problems, not one (1)
10-Day Rule in Florida DUI Cases
Once the handcuffs click, the clock starts to tick! You must act quickly following a DUI arrest. If you registered a blood/breath alcohol level of .08 or above, or you refused to take a breath, blood or urine test, your license will be suspended immediately. Once you have been arrested for DUI, you ONLY have 10 days to challenge the suspension of your driver’s license.
Recent changes to the law in Florida give you options for challenging the suspension of your license and for retaining your driving privileges by applying for eligibility review. However, depending on your case, it may be in your best interest to not waive and actually fight the suspension of your license or vice versa. Only an experienced Miami DUI attorney will be able to guide you through making an informed decision.
When arrested and charged with DUI, time is of the essence and finding a lawyer to help you navigate the murky water is crucial to ensuring your rights are protected in both Criminal Court and in challenging the Administrative Suspension of your driver’s license before the DMV.
If you have been arrested for DUI, you cannot afford to waste time! Call, (305) 707-7345, to schedule a consultation. You may also use our DUI Intake Form
Difference Between Administrative Driver’s License Suspension and Criminal Court
Administrative Review Hearings are conducted by the Florida Department of Highway Safety and Motor Vehicles to validate the suspension of your driver’s license and the standard of proof is much lower than that of a criminal trial. In an Administrative hearing all that has to be shown is that it is more likely than not that the driver had an unlawful breath alcohol level (.08%) or that they refused the test offered by law enforcement during the course of a DUI investigation.
In criminal court it’s the prosecutor’s burden to prove your guilt beyond, and to the exclusion of, every reasonable doubt. DUI is proved either by having an unlawful blood alcohol level of .08 or above or by impairment of your normal faculties.
Given the nature of DUI and those it affects, I pride myself in fighting to invalidate your license suspension before the DMV as well as exploring all possible defenses in criminal court in order to help you avoid the serious consequences that come with a DUI charge.
DUI Law Is Complex – You need a DUI defense lawyer to go on the offensive
DUI cases can be quite complicated, have many layers and present many issues. While many criminal defense lawyers will accept DUI cases, it is best to place your case in the hands of a Miami DUI lawyer that focuses their practice in the defense of DUI cases.
In every DUI case, I will carefully review, examine and analyze all the evidence the state has against you and aggressively attack all parts of the prosecutor’s case. Click here to view my possible Plan of Attack in your DUI case.
You have no time to waste after a DUI arrest, you need to act fast!
You only have 10 days to challenge the suspension of your license! Once you are arrested for DUI you need to seek experienced counsel that can help you navigate the complicated process. Call me today, I am someone that will be with you every step of the way so that you can challenge the suspension of your driver’s license with the DMV and go through all the necessary steps to challenge and analyze the government’s evidence in your criminal case.
What to do after a DUI arrest?
Seek the advice and counsel of an experienced DUI attorney. Call me today. I welcome the opportunity to see you for a confidential consultation to discuss your case, goals and potential defenses. You can schedule a consultation by calling, (305) 707-7345, or by filling out our DUI Intake Form.
Charged with DUI in Miami, Florida? — Here are some of the penalties you are facing
As a result of a first-time DUI, you can face the following penalties if convicted:
- Not less than $500, or more than $1,000 fine; With a Blood/Breath Alcohol Level of .15 or higher, or with a minor in the vehicle the fine can no less than $1,000 or more than $2,000.
- Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
- Total period of probation and incarceration may not exceed 1 year.
- Not more than 6 months in jail; With a Blood/Breath Alcohol Level of .15 or higher or with a minor in the vehicle, not more than 9 months.
- 10-day vehicle impoundment/immobilization.
Before you speak to ANY lawyer about your DUI, read my FREE consumer guide: “A Six Pack of Questions That Can Cause a Hangover After a DUI Arrest” This FREE and valuable information will help you when hiring a DUI lawyer in Florida and answers the questions YOU have about fighting your DUI!
WARNING: this valuable information is not popular among so-called DUI lawyers looking to take your hard-earned money and simply plea you guilty.
TO LEARN MORE ABOUT DUI CHECK OUT THESE FREQUENTLY ASKED QUESTIONS:
- Am I presumed guilty if I have a blood alcohol level of .08%?
DUI is a criminal charge, and in any criminal case it is unconstitutional to have a presumption that the defendant is guilty. You are innocent until proven guilty beyond and to the exclusion of every reasonable doubt. A defendant that has a blood alcohol level of .08% or above faces evidence, that on its face, shows that the person is under the influence and that their normal faculties are impaired.
- How can I fight the administrative suspension of my driver’s license?
When your life is turned upside down as a result of a DUI arrest, you must act quickly as time is of the essence. You have ten (10) days to file a notice to appeal your administrative suspension. Your DUI attorney will be able to file the notice for you and request a driving permit to extend your driving privileges for another month. At the formal review hearing your attorney will be able to fight the administrative suspension of your driver’s license by subpoenaing the officers and challenging all aspects of the DUI arrest, from the stop itself to the procedures and equipment used by law enforcement.
- How long will my license be suspended?
If you are unable to invalidate the suspension of your driver’s license at the administrative hearing your driving privileges may be suspended for an extended period of time. If you have refused to submit to a lawful breath, blood or urine test, your license will be administratively suspended for one (1) year for a first refusal, or for eighteen (18) months if you have previously refused such tests. If you take a test and had an unlawful blood alcohol level (.08% or higher), your license will be suspended for six (6) months for a first offense, or for one (1) year if your driving privilege has been suspended previously.
- If I am found to have a blood alcohol level of .08% or above, why should I fight my case?
A DUI conviction will always appear on your record. Florida has mandatory adjudication laws for even a first-time DUI. Formal adjudication means that your DUI will become part of your permanent record and you will not be able to expunge it in the future. This can result in serious consequences for the rest of your life as you attempt to maintain a job, apply for a job, continue your education or receive professional licenses. By hiring a DUI attorney you can ensure that your case is defended with zeal and that any and all possible defenses and challenges are raised to protect your rights. A DUI attorney can challenge many parts of your DUI arrest, such as the stop itself, the investigation, the tests given by law enforcement and the equipment used to administer tests.
- If I win my administrative review hearing, will this mean that my criminal case will be dropped?
No. There are two (2) separate parts of a DUI case. The first part is conducted and overseen by the Department of Highway Safety and Motor Vehicles and relates only to the suspension of your driving privileges. The second part is prosecuted by the State Attorney’s Office in either County or Circuit court. The outcome in one arena has no bearing on the other.
- May I refuse to take a breath, blood or urine test if required by law enforcement?
In Florida, you do not have a right to refuse such tests, you only have the option to do so. By accepting driving privileges in the State of Florida, you are deemed to have consented to to submit to such tests. You may refuse such tests as long as you were not involved in an accident involving serious bodily injury or death. While you may refuse such tests, there are consequences for doing so as driving is a privilege and not a right. Consequences for refusing to submit to such tests allows the Department of Highway Safety and Motor Vehicles to immediately suspend your driver’s license for a period one (1) year for your first refusal, or eighteen (18) months if you have previously refused. Evidence of your refusal may be used against you in a criminal proceeding.
- What is DUI?
DUI is an abbreviation commonly used for Driving Under the Influence. A person is guilty of DUI if he or she is driving or in actual physical control of a vehicle and is under the influence of alcohol or any chemical or controlled substance to the point that their normal faculties are impaired, or that person has a blood alcohol level of .08% or above.
- Will I automatically lose my driver’s license if arrested for DUI?
Florida law allows a law enforcement officer to seize your driver’s license if you are arrested for DUI because of having a blood alcohol level of .08% or higher or because you refused to submit to a breath, blood or urine test. Upon getting arrested for DUI, the officer will issue the driver a traffic ticket that serves as a temporary driver’s permit for ten (10) days. This citation also provides notice of the administrative suspension.
- Will I be eligible for a hardship?
Given the nature of living in South Florida and the fact that DUI affects people from all walks of life, you may be eligible for a hardship permit to continue driving for business or educational purposes. If your license is administratively suspended because of an unlawful breath, blood or urine test of .08% or above, you must serve thirty (30) days of your suspension before becoming eligible for a hardship permit. You will be eligible unless you have been convicted of DUI two (2) or more times.
If your driving privilege was suspended for refusal to submit to a breath, blood or urine test, you must serve ninety (90) days of your suspension before you are eligible for a hardship. No hardship is provided if you have refused to submit two or more times.
In order to be eligible for consideration for a hardship you must show proof of enrollment in a DUI school. If you are granted early reinstatement through a hardship, you must complete DUI school within 90 days of the reinstatement or your license will be suspended again until the course is completed.