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What is wire fraud?

Wire fraud is fraud that utilizes a form of telecommunication or the internet to defraud someone out of money or property. It is a felony offense.

Elements of wire fraud

To be charged with wire fraud, these elements must be present. The defendant must have intentionally devised a scheme to defraud someone out of money. There was intent to defraud.
It was reasonably foreseeable that interstate wire communications would be used to carry out the scheme. And finally, interstate wire communications were indeed used to carry out the scheme.

What is the punishment?

For individuals who commit wire fraud, it is punishable by up to 20 years in prison with a $250,000 fine. For organizations that commit wire fraud, it jumps up to $500,000.
There are also circumstances in which the punishment could be greater, with the penalty being up to 30 years in prison and a $1 million fine.

Forms of wire fraud

Internet scams, telemarketing fraud, phishing, anything that uses a television, telephone, email radio or internet are all forms of wire fraud.

Insurance fraud, tax fraud and bank fraud are often carried out via wire, resulting in additional wire fraud charges.

Mail fraud is often connected to wire fraud since communications are usually done with the use of several mediums.

Securities fraud involves fraudulent behavior with investment securities. Because it is a state and federal crime, the punishment can be great. While the jail time is only up to 5 years, the fines can reach up to $10 million. Federal securities fraud can be up to 20 years in jail.

Every act of wire fraud is its own separate offense. So, sending 5 emails that promise property that doesn’t exist, means 5 counts of wire fraud.

Defenses for wire fraud

If the defendant believed that the promises made to the individual were true statements, they could be found not guilty of wire fraud charges. Additionally, if someone uses exaggeration when trying to get someone to buy something on the phone or through the television, that could be a way to win the case.

There is also an argument your lawyer can make that proves that you had no intent to commit fraud. If the prosecution cannot prove intent, there can be no conviction.

Innocence is not the only way for the defendant to get out of a wire fraud charge. Often times, the prosecution will offer reduced sentencing if the defendant offers assistance in the arrest of another person involved in the wire fraud scheme.

Another way to get the case dismissed is by illegal search and seizure. If law enforcement officers searched a home or car without a warrant or arrested someone without probable cause, there is a possibility of a dismissal.

There is also a statute of limitations of 5 years. If the scheme affects a financial institution, the statute of limitation is 10 years.

Attempt or conspiracy to commit wire fraud

If you have attempted to commit wire fraud, you can be charged whether your fraudulent scheme was successful or not. Hefty fines and prison time are on the table when charged with this crime.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

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.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your 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.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

A stop that leads to a DUI is very similar to a regular traffic stop, until it’s not. You should expect being asked for your license and registration. The officer may ask why you think you were pulled over. Things could quickly escalate from there if the officer makes any kind of observations that will give them indicators that you may be impaired. That’s when the barrage of questions could begin. “Where are you coming from? Have you had anything to drink? Are you okay to drive? Get out of the car, so I can perform these field sobriety exercises and you can dispel my concern that you’re safe to operate your motor vehicle.” Remember, this could get tense and nerve racking very quickly if the officer feels that you may be driving under the influence or DUI. Make sure to have your documents ready. You want to say as little as possible and remain as courteous with the officer as possible.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

To convict you of driving under the influence in Florida under section 316.193(1), Florida Statutes, the prosecutor must prove every element of the charge beyond a reasonable doubt.

The prosecutor MUST be able to prove:

1. You drove or were in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, you

• were under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that your normal faculties were impaired.
• had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

Actual physical control of a vehicle means you are physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether you are actually operating the vehicle at the time.

According to Florida’s standard jury instructions, normal faculties “include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.”

What happens if there is a blood/breath reading in my case?

When the jury hears evidence of a blood/breath reading, Florida law has various presumptions (these presumptions may be overcome with other evidence that you either were, or were not, under the influence:

• Reading below a .05 – If you were driving or in actual physical control of a vehicle and had a blood or breath-alcohol level of .05 and below the jury is to presume that you were not under the influence.
• Reading more than .05 but below .08 – When a jury finds that you were driving or in actual physical control of a vehicle and had a blood or breath-alcohol reading above a .05 but below a .08 there is no presumption either way that you were, or were not under the influence. In this case the jury will consider other evidence to determine whether you were under the influence to the point that your normal faculties were impaired.
• Reading of .08 or more – This evidence alone is enough to find that you were under the influence at the time of driving or being in actual physical control of a vehicle. Note: this evidence may be contradicted or rebutted by other evidence that you were NOT under the influence to the extent that your normal faculties were impaired.

What if I failed the roadside sobriety tests or blew over the legal limit?

There may still be defenses available in your case. DUI law is very complex and has many layers. Don’t assume that because you were stopped, arrested, did not perform to standards on the roadside sobriety exercises and blew over the legal limit of .08 that all is lost. Before you go to court and plead guilty to the charge of DUI, you should seek the experience and counsel of a DUI lawyer in Miami to discuss your case, potential defenses and options.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

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.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

There are plenty of lengthy, arduous and downright expensive penalties that come after a Florida DUI conviction. After the sanctions levied by Florida law take effect, you are likely to feel some of the unseen, or collateral consequences of a DUI, starting with a considerable increase in your auto insurance rates.

To make matters worse, a DUI conviction could affect your ability to:

1. Get to work
2. Prevent you from getting certain jobs in the future
3. Impact your ability to get a loan
4. Make you ineligible for scholarships
5. Obtain a professional license

or even get you fired from your current job.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

What Are Field Sobriety Exercises?

Field sobriety exercises are a group of tests that officers use in order to determine whether somebody is impaired. These are standardized exercises.

How Officers Use Field Sobriety Tests in DUI Stops

The National Highway Traffic and Safety Administration, NHTSA, puts out training materials and makes sure that every officer in the country knows what to look for and is administering these exercises in a standardized way to increase how reliable they are when determining whether a driver happens to be impaired.

The Three Most Common Field Sobriety Exercises

There are five exercises, but three that are most commonly used. NHTSA believes one of the most reliable exercises is the HGN, the horizontal gaze nystagmus. In this exercise, the officer will tell you to follow a pattern with your eyes. Another exercise often used is the walk and turn. In this exercise, the officer asks you to walk a line, a specific amount of steps and turn around and walk back. The third exercise that is also used often is the one leg stand. Less frequently used are the finger to nose and the modified Rhomberg Balance

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Miami is a tough place to get around if you do not have a driver’s license. Even though it’s a major city with an expansive metropolitan area, public transportation is limited and hugely unreliable. Thankfully, in July of 2013 a change in Florida’s administrative suspension laws allows for you to request eligibility review to obtain a business purpose permit within 10 days of a DUI arrest.

How to Get a Business Purpose Permit After a DUI Arrest

In order to request eligibility review, you need to waive your right to a hearing before the Bureau of Administrative Reviews of the Department of Highway Safety and Motor Vehicles. By waiving your right to fight the suspension of your driver’s license, you will not be able to challenge the suspension and the suspension will remain on your driving record.

 The Pros and Cons of Waiving Your DUI License Suspension Hearing

If you are arrested for DUI and are considering waiving your right to a formal review hearing to seek eligibility review, I cannot urge you enough to speak with a Miami DUI attorney before you do so you can be advised of the pros, cons and potential consequences of waiving your right to fight the suspension of your driver’s license.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

DUI law is very complex and there are numerous issues that need to be looked at, analyzed and attacked when defending a DUI. The best DUI defense comes down to the unique facts of your case and how they can be applied to potential defenses that may be available to you.

I look at every aspect of the incident from the time the police officer stopped you all the way through the moment the cell door shut behind you. DUI cases have many layers and your defense attorney needs to be thorough, creative and aggressive when defending you.

A few examples, challenging the basis for the stop, observations made by the officer, roadside sobriety tests, breath results, statements made, breath test challenges, implied consent warnings, video and a slew of other things to make sure the government can meet its burden before it can convict you of DUI. Many people refer to these as technicalities, I view this is me doing my job to fight for your rights and hold the government to its burden to prove you guilty. You do not have to prove you’re innocent!

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Once you have been arrested and are in custody, the police must read you your Miranda Warnings if they are going to ask you questions. When they read you the Miranda rights you will learn that you have the right to remain silent, what you say can be used against you and that you have the right to speak to an attorney and have an attorney present. If the police fail to give you Miranda Warnings, anything you say can be challenged and can’t be used against you but your case will not be dismissed.

In a DUI context, however, because driving is a privilege and not a right—and you already gave your consent to submit to sobriety tests required by law as a condition of driving—you do not have the right to an attorney until after the police officer offers the breath test and you either take it or refuse.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Florida has some of the toughest DUI laws of anywhere in the nation. After being arrested for DUI you are in for quite possibly the fight of your life. You need to be educated and fully prepared for what lies ahead, that’s why I urge you,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 book provides information on how to hire a DUI lawyer in Florida and answers a six pack of questions that cause a hangover after a DUI arrest.

When you are arrested for DUI, these are the penalties you are facing:

First DUI

• $500 — $1,000 fine
• Up to 6 months in jail; 9 months if blood/breath alcohol level .15 or higher, or minor children were in the car
• Up to 1 year probation
• Mandatory 50 hours of community service
• Six-month license revocation for blood/breath alcohol level of .08 and above
• One-year license revocation for refusal to submit to breath, blood or urine test
• 10-day vehicle impoundment

Second DUI

• $1,000 — $2,000 fine
• Up to 9 months in jail; 1 year with BAL of .15 or higher, or minor children in vehicle
• If second convicted within 5 years of the first, mandatory 10 days jail
• 30-day vehicle impoundment
• Minimum license revocation of 6 months
• 5-year license revocation if convicted within 5 years of your first DUI offense

Third DUI

• $1,000 — $2,000 fine; or fine of $2,000 — $5,000 if convicted within 10 years
• Up to 12-months jail if conviction is more than 10 years
• Minimum jail sentence of 30 days if convicted within 10 years
• Felony DUI if within 10 years of prior conviction
• 10-year license revocation if convicted within 10 years of second DUI offense; may apply for hardship reinstatement after two years
• 90-day vehicle impoundment if within 10 years of first conviction

Fourth DUI

• $2,000 fine (minimum)
• Up to 5 years in prison, or as provided in § 775.084, Florida Statutes as a habitual/violent offender
• Mandatory permanent license revocation; no hardship reinstatement

As you can see, if you have been charged with a DUI in Miami, the cost of even a first offense can be extremely damaging and harmful to your bank account, liberty and future. Florida has some of the toughest DUI laws and penalties in the country, even for first-time offenders of DUI.

Not to mention, after a Florida DUI conviction, you are likely to see some of the unseen, or collateral consequences of a DUI, starting with a considerable increase in your auto insurance rates. To make matters worse, a DUI conviction could affect your ability to get to work, prevent you from getting certain jobs in the future, impact your ability to get a loan, make you ineligible for scholarships, obtain a professional license or even get you fired from your current job. You may be able to avoid all of this by fighting your DUI charge in Miami.

Seek the help of a Miami DUI defense attorney, you may be able to build a defense to your DUI and better your current circumstances, avoiding many of the harsh penalties associated with DUI in Florida.

I welcome the opportunity to see you for a confidential consultation to discuss your case, goals and potential defenses. Call, (305) 707-7345, to schedule a consultation, or by fill out my DUI Intake Form.

I invite you to contact me to see how I can help.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Under Florida law the prosecutor can prove you are guilty of DUI by showing that you were driving or in actual physical control of a motor vehicle and that your normal faculties were impaired. A person is in actual physical control of a motor vehicle when they are in a vehicle and have the ability (present and apparent) to move the vehicle.

This means that you do not have to be driving to be convicted of DUI. Actually, a lot of DUI arrests begin with the accused doing the right thing by deciding to sleep inside their car outside of the establishment in which they consumed alcohol.

There are potential legal issues in actual physical control cases that deal with parked cars such as where you were parked, if you were parked legally and whether the police had the ability to even approach you while you were in your vehicle.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

While you don’t NEED a lawyer do anything, you SHOULD go speak to one and see how they can help you defend yourself against your DUI arrest. Before you speak to ANY lawyer about your DUI educate yourself by reading my FREE consumer guide: “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This FREE book provides information on how to hire a DUI lawyer in Florida and answers a six pack of questions that can cause a hangover after a DUI arrest. BEWARE: this valuable information is not popular among so-called “DUI” lawyers looking to take your hard-earned money and simply plea you guilty.

By seeking the help of a Miami DUI defense attorney, you may be able to build a defense to the charge of DUI and better your current circumstances avoid many of the harsh penalties associated with DUI in Florida.

What questions should I ask a lawyer before I hire them?

• Who will be handling my case?

• How much experience do you have handling DUI cases?

• Are you a former prosecutor or public defender?

• Have you been disciplined by the state bar?

• What are the costs of legal fees, investigators, experts, depositions, transcripts?

• What can I expect the final outcome of my case to be?

What does a DUI lawyer in Miami cost?

There are no hard-and-fast rules when it comes to legal fees charged by attorneys to defend your DUI. Criminal defense, and particularly DUI defense, seems to have some of the largest discrepancies or ranges in fees charged by lawyers. The typical range for a DUI lawyer can be anywhere from $800 to $10,000 for a first DUI.

A general rule of thumb, however, is that the “plea mills” or the “dump truck” lawyers tend to charge unreasonably low fees because they rely on having a volume practice and the amount of work they will put in on your behalf. These lawyers usually go to court a couple of times and convince you to take a plea without really exploring options that are available to you or actually fighting your case. Remember: it’s tough to offer excellent service, high quality of work AND a low price. If you are shopping solely on price you will most likely sacrifice one of the other two qualities—if not both!

Beware, there are some terrible DUI lawyers charging extremely high legal fees and some good DUI attorneys charging their clients much more reasonable fees. Price alone should not be the only determining factor to consider when making your decision on who to hire to defend your DUI.

Most good DUI lawyers that focus primarily on DUI defense will charge anywhere between $4,000 and $10,000 (some even more). The better DUI lawyers charge fees that are reasonable for the amount of work they do, because properly fighting a DUI charge requires a lot of work.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Your license will be suspended for six months if you were arrested for DUI and provided a breath test result that is .08 and above. The Department of Highway Safety and Motor Vehicles (DHSMV or commonly referred to as the DMV) will suspend your license for one year if you refused to submit to a breath, blood or urine test. Your license can be suspended for 18 months if you previously refused to submit to a breath, blood or urine test and your license was previous suspended (you will also be charged with a misdemeanor in criminal court if this is your second or subsequent refusal).

The moment you are arrested for DUI (for breath of .08 or above or refusal), your license is suspended. The arresting officer takes your license and issues a Uniform Traffic Citation (traffic ticket). This citation is your temporary, 10-day license (from the date of arrest). With the citation serving as your license, you will allowed to drive on a restricted basis, or for business purposes only, meaning to and from work, shopping for groceries, going to church, court or your lawyer’s office.

From that point, you have 10 days to request a hearing with the DMV to fight the suspension of your license. Once you request the formal review hearing and, assuming, your license was valid at the time of arrest, you will be issued a permit to continue driving on a restricted basis, pending formal review, for an additional 42 days.

If you have a DMV hearing and the suspension of your driver’s license is not invalidated, you will have a mandatory period of suspension, ‘hard time,’ before you are eligible for a hardship, or “business purpose permit.” If you registered a reading of .08 and above your license will be suspended for six months and you will have a 30-day period of hard time before you are eligible for a hardship license. If you refused to submit to a breath, blood or urine test, your license will be suspended for one year (for a first offense) and you will have to serve a 90-day period of hard time before you are eligible for a hardship license, according to Florida’s Administrative Suspension Law.

I really need to drive, can I get a hardship license now?

Florida Law Allows You To Waive Formal/Informal Review Hearing

Since July 1, 2013, the Florida Administrative Suspension Laws changed to allow you to request a review of eligibility to obtain a “Business Purpose Only” permit to drive immediately. However, requesting eligibility review waives your ability to challenge the suspension of your license through a formal or informal review hearing.

If you have no prior DUI convictions (administrative suspensions or convictions for an alcohol or drug related offense), you have three options following a DUI arrest:

1. request an informal review hearing;
2. request a formal review hearing; or
3. request an eligibility review hearing to obtain a “Business Purpose Only” permit (Note: you are waiving your right to a formal or informal review hearing if you request eligibility review).

Before waiving your right to a formal or informal review, it is imperative that you speak to a DUI lawyer that will advise you of the pros and cons. Oftentimes formal review hearings are crucial to gaining valuable information needed to defend your criminal case as the arresting officer, breath test operator and other parties can be subpoenaed to testify under oath about your DUI case at the DMV hearing.

I personally handle both the administrative and criminal aspects of your case, and I am ready to help. Call, (305) 707-7345, for a confidential consultation so I may help you decide whether challenging the suspension of your license or waiving and seeking eligibility review is in your best interest.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

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. You only have 10 days to save your license by fighting the suspension or waiving through eligibility review.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

DUI is usually a misdemeanor with extremely serious consequences, fines, penalties and even the possibility of jail time. However, those consequences are ratcheted up when your DUI carries with it certain factors or aggravators that will make it a felony.

There are two ways your DUI can become a felony:

1. This is not your first DUI and you have multiple convictions:

• Third DUI within 10 years of the second conviction
  • Mandatory 30 days in jail
  • Third-degree felony, maximum sentence of 5 years in prison
  • $2,000 — $5,000 fine
  • 10-year driver’s license revocation
• Fourth or subsequent conviction
  • Maximum prison sentence of 5 years
  • Permanent driver’s license revocation with no possibility of hardship reinstatement
  • Minimum $2,000 fine

2. Aggravating factors such as serious bodily injury or death:

• Cause serious bodily injury
  • Third-degree felony
  • Maximum 5 years in prison
  • $5,000 fine (max)
  • Minimum 3-year revocation
• DUI Manslaughter
  • Second-degree felony
  • Maximum 15 years in prison
  • $10,000 fine (max)
  • Mandatory permanent revocation, may be eligible for hardship reinstatement in 5 years if no prior related DUI convictions
• DUI Manslaughter and Leaving the Scene
  • First-degree felony
  • $10,000 fine (max)
  • 30 years in prison

If you or someone you love is being charged with a felony, do not wait. Enlist the services of a Miami DUI attorney that will fight for your rights and leave no stone unturned in his defense.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

How Prosecutors Prove a DUI Case in Florida

To prove you are guilty of driving under the influence, the prosecutor does not have to necessarily prove you were ‘drunk’ but rather that you were driving (or in actual physical control) and were under the influence of alcohol, drugs or controlled substances to the point that your normal faculties were impaired.

Key Evidence Used Against You in a DUI Case

The prosecutor will intend to prove you are guilty of DUI by showing the jury your driving pattern, your behavior, signs of impairment and officer’s observations, your performance on roadside sobriety exercises, your breath reading or through your refusal to submit to tests as consciousness of guilt.

Florida’s DUI Presumptions: What Your Breath Test Means

Florida law establishes presumptions that go along with the breath reading that the jury may infer someone was either under the influence or not under the influence. However, that evidence can be overcome through other evidence. For example, if you blow below a .05, the law says the jury can assume that you are not under the influence. Remember alcohol affects everyone differently and you may be in trouble if there is other damaging evidence that the prosecutor can use to show the jury that you were in fact under the influence to the point that your normal faculties were impaired. On the other hand, someone who has a breath reading of .08 or above is to be presumed under the influence according to Florida law, but that person may be able to show other evidence (i.e. performance on roadside sobriety exercises, video or lack of a poor driving pattern) to rebut that they are NOT under the influence.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

The answer to that question really depends on the person consuming the alcohol, their tolerance and a host of other factors such as size, fatigue, food consumed, type of alcohol consumed, even gender etcetera. The prosecutor does not only prove guilt in a drunk driving case by showing the person had a blood alcohol content of .08 or above, but also by showing that person was impaired to the point that their normal faculties were affected. Therefore, one person may be DUI by consuming only one drink whereas someone else may not be DUI after consuming multiple drinks in a given time period.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

What Triggers a DUI Investigation?

Once you’re pulled over, how does a traffic stop become a DUI? The officers will typically pull you over for a traffic infraction. Once they approach your vehicle and make contact with you, that’s where the officer will make some observations which could potentially give them indicators of impairment.

Common Signs of Impairment Officers Look For

Once they’re interacting with you, if they happen to see watery bloodshot eyes, slurred speech, or an odor of alcohol, most likely at that point they will proceed with a DUI investigation. They will ask you to get out of the car and perform field sobriety exercises.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.