DUI Law Is Complex – You need a DUI defense lawyer that will go on the Offensive
If you have been arrested for DUI, the most important thing on your list of priorities is to speak with a DUI attorney in Miami (you can request a copy of my consumer guide filled with information on DUI, including what to consider when choosing a DUI Lawyer by clicking below).
DUI cases have many layers and can be quite complicated. While many criminal defense lawyers will accept DUI cases, it is best to trust your case to 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 pieces of evidence the state intends to use against you and aggressively attack all parts of the prosecutor’s case, including:
- The Stop - The officer who stops you needs to be able to swear and testify to facts that led him to have a “reasonable suspicion” to pull you over for a crime or traffic violation. Oftentimes, police officers will simply go on a hunch—this is not enough! Even if you fail to signal while changing lanes or turning, or you happen to weave within your lane or even outside your lane, there are no grounds for a traffic infraction. If the court rules that there was no legal basis for stopping you, then evidence will get suppressed and the charge is typically dismissed.
- The Arrest - When you are arrested for DUI that means the officer feels they had “probable cause.” While this is a lesser standard than what is necessary to convict you at trial, “beyond a reasonable doubt,” it is still a high burden for the State to prove if the arrest is challenged in court.
- Field Sobriety Tests (Exercises) - This is usually what leads to the arresting officer finding probable cause to arrest you for DUI. All field sobriety exercises offered by the officer are subject to attack by a skilled DUI attorney. Even the tests that are approved by the National Highway and Traffic Safety Administration (NHTSA) can be challenged so that the officer’s findings are excluded at trial or their weight is minimized.
- Breath, Blood, Urine Tests - In Florida, anyone who registers a breath test reading of .08 or above is presumed to be driving under the influence. A lot of prosecutors sleep a lot easier when an accused “blows” above a .08. However, the breath test is a critical point of attack in a DUI case.Not only is the reliability of the results displayed by the machine under attack by a skilled DUI lawyer, but the maintenance records must be retrieved. A good DUI lawyer that aggressively defends your charge will have obtained the necessary records, not just the machine’s maintenance records but also the breath test operator’s certification documents, in challenging the reliability of the breath test results.
- Refusal to Take a Test - Driving is considered a privilege and not a right in Florida. Meaning that when you opted to operate a vehicle within the state, you have given your “implied consent” to any sobriety test given by law enforcement (the language is even on your driver’s license).If you refuse to submit to a breath, blood or urine test, the officer is supposed to read you a document with Florida’s implied consent laws and potential penalties. You will be forced to sign a refusal and your license will be suspended for 1 year. If this is your second refusal, you will be facing an 18-month suspension and a second, independent crime of “second or subsequent refusal.”Raising challenges to the refusal to submit to a breath test and the implied consent forms is critical in defense of any DUI refusal. Not to mention, the state intends to use evidence of your refusal at trial!
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 your refusal for your criminal case as well.
The majority of my clients are people in business, educators (administrators and teachers), nurses, accountants, young professionals, college students, and even high school students that have never been arrested before.
Keeping that in mind, it is a given that one mistake or unfortunate set of circumstances can lead to your life being turned upside down, causing your personal and professional plans to be put on hold as you begin dealing with the uncertainties that accompany fighting a criminal charge. Hiring a DUI attorney that will be a source of trust, experience and resolve to assist you once you are accused of DUI to navigate the criminal justice system in a way that not only strives to avoid a conviction but ensure your rights are protected and that collateral consequences are avoided is of utmost importance.
I pride myself in focusing my practice on the defense of drunk driving cases that affect good people. Each month, I only accept a limited number of DUI cases in South Florida to ensure that you get the Personalized, Aggressive and Compassionate representation you deserve. I do not believe in accepting every DUI case that walks through the door in order to have a volume practice and simply drive revenue and risk you becoming just another case in my drawer.
Immediately after meeting with you, I begin exploring defenses and analyzing your case from every possible angle. Together we will formulate a plan based on your personal goals, needs and potential collateral consequences to ensure that you receive personalized, aggressive and compassionate representation en route to defending your DUI.
When you are charged with DUI and retain me, I am humbled by the opportunity, embrace the challenge and begin preparing your case for trial. I thoroughly analyze every piece of evidence the State intends to use against you. I analyze the stop made by police to see if it is a legal. I will analyze all police reports to establish whether field sobriety exercises were administered properly and according to standards. I pour through breathalyzer maintenance records to see whether the Intoxilyzer 8000 was maintained properly and whether breath tests were properly administered. I make sure, if your case involves drugs, whether the DRE officer followed his training. I will do whatever is necessary to help you successfully defend your drunk driving charges whether that means filing motions, negotiating with the State Attorney’s Office or trying the case before a judge or jury.