Get Answers to Common Questions Now
Our clients have many of the same fears and concerns. To get started, we’ve compiled answers to many of the most frequently asked questions about Federal, Florida DUI and criminal law, covering a wide range of topics to help each client understand the potential implications and options of many legal situations.
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.
Understanding Hardship Permit Eligibility
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.
DUI School Requirement: What You Need to Know
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.
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.
YES. Florida has some of the toughest DUI laws in the country. Jail is a possibility in every DUI case, even a first offense. A first DUI in Florida is punishable by up to 180 days in jail, or 9 months in jail if your blood alcohol level was .15 or above or if there was a minor child in the vehicle at the time. Keep in mind these are maximum penalties that can occur in worst-case scenarios.
Obviously, the possibility of having to serve jail time as a result of your DUI depends on the particular facts of your case. No lawyer can tell you how much time you are certain to get—because no lawyer knows!
Some of the factors the prosecutor and the judge will consider when determining whether an individual deserves jail are:
- Property damage or personal injuries caused
- Blood alcohol content (BAC) at the time of driving
- Driving pattern leading up to arrest
- Criminal and traffic record
In addition to these factors, the possibility of jail time greatly increases once the person has prior DUI arrests or convictions. A second DUI conviction within five years of the first carries a mandatory 10-day jail sentence and the possibility for up to 9 months (12 months if .15 and above or minor child in car). A third DUI conviction within 10 years of the previous conviction becomes a third-degree felony and carries a mandatory 30 days in jail, with a maximum of up to 5 years in prison.
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.