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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.

As with any criminal charge, it will be up to the prosecutor in a domestic violence case to prove in court that a crime was committed and that the defendant is guilty. They do this by presenting evidence. If your partner has accused you of domestic violence, you may believe that there could not be evidence that proves your guilt. However, you might be surprised by what the state presents at trial.

What the State of Florida Will Have to Prove to Convict You

In order to prove a domestic battery case, the state will have to provide evidence that shows one of the following:

• The defendant actually and intentionally touched or struck another person against the will of the other.
• The defendant intentionally caused bodily harm to another person.

Photographic and medical evidence that the accuser was injured is not enough to prove that the defendant caused the injuries and did so intentionally. The prosecutor will have to present evidence that corroborates the accuser’s story and establishes intent.

Evidence That May Be Used to Prove Your Guilt

You might be confident that no such evidence exists, but prosecutors are very resourceful when it comes to gathering evidence to support a domestic violence charge. A key piece of evidence will be the accuser’s statements and testimony in court but, even if the accuser has changed his or her mind about testifying, the state may still have enough evidence to convict you. Potential sources of evidence include:

Cell Phone Records

Tech experts can pull text messages, voicemail messages, and emails from your cell phone and computer. If any of the communication can be viewed as threatening or angry, this could establish a motive for the alleged attack.

Witness Testimony

Investigators will talk to neighbors and others in the area at the time of the alleged abuse. They may have overheard a fight—either on the day of the alleged incident or on another occasion—that could make you look guilty.

Security Camera Images

Traffic, security, and porch cameras may have captured images of you coming or going from the accuser’s home. Bystanders’ cell phone videos may also provide evidence of your whereabouts and verbal or physical altercations between you and the accuser.

Medical Evidence

The police will photograph the accuser’s injuries when they respond to the call. Further medical exams could provide evidence of how the injuries occurred. Could the bruise have been caused by a fall, or did someone clearly grab the victim’s wrists? Medical experts will answer these questions in court.

You cannot refute all of this evidence on your own.

This Is Why You Need a Miami Defense Attorney as Soon as Possible

If you have been arrested and charged with domestic violence, you need to call an attorney right away. Believing in your own innocence and being confident that there is no evidence to prove your guilt will not be enough to protect your reputation and your freedom if your case goes to trial.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

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.

I realize that after having your world turned upside down as a result of a car accident or injury case, the last thing you want to do after being hurt is pay a retainer fee.  Your focus is on getting better, getting back to work and regaining your health.  Most lawyers who handle accident and injury cases do not charge a retainer fee.  Some, however, will expect you do come up with a deposit for costs up front.  I am not one of those lawyers.

If an attorney in Miami tries to charge you anything up front or do your accident case for anything other than a contingency fee, you may want to consider speaking with someone else.  If I believe in your case enough to take it on, I will be willing to accept a fee once we have successfully settled or won your case that is “contingent” with the compensation that you obtain.

So you are aware, personal injury lawyers generally charge a contingency fee of 33%-40% at the end of the case.  We don’t charge hourly or retainer fees.

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

What Is Mail Fraud?

Mail fraud occurs when a person steals or defrauds and uses the mail to carry out their scheme. Although mail fraud is common, there are many defenses your lawyer can use to keep a mail fraud conviction off of your record.

What did I do wrong?

To convict a defendant of mail fraud, different elements must be present. First, the defendant must have engaged in a scheme to defraud, with intent to commit fraud. Then, the defendant must have used the mail to carry out the scheme.

A scheme to defraud is depriving someone of tangible or intangible property by dishonest means. However, even if there is intent to defraud, the defendant could still be convicted. A victim needn’t be present. Even if the scheme fails; if there was intent to defraud, you can still be found guilty of mail fraud.

What is the punishment for mail fraud?

Mail fraud conviction comes with a hefty sentence. If a financial institution is involved, the prison time could be up to 30 years and the fine up to $1 million.

Committing mail fraud does not just involve the United States Postal Service. If you have committed fraud that travels across state lines using Fed Ex or UPS, you can also be charged with mail fraud.

I am charged with federal mail fraud. Help!

To be convicted, it must be proven that the defendant acted with an intent to defraud. If there is reasonable doubt that the fraud was committed intentionally, that is sufficient defense. In addition, if the mail was used, but not to further the fraudulent scheme, that can also be reason for dismissal.

Do you need a Miami criminal defense lawyer if you were charged with mail fraud?

Mail fraud cases are complex and the sentencing guidelines are amended frequently. If you have been charged with mail fraud, you may need a criminal defense attorney with experience handling such cases.

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.

One of the most common and troubling injuries after a car accident is a herniated disc in the lumbar region of the spine/back.  The lumbar region is in the lower part of the back and is a serious injury because this part of the back controls a lot of what we do in our everyday lives.  Sitting, standing and bending are all affected by herniation to the lumbar spine.

If you have suffered a herniation to the lumbar spine after a car wreck, you should take this injury seriously and it is not something you can ignore.  People often make the mistake of assuming that this will simply go away and take care of itself.  That is false and it will not improve and ultimately go away or become manageable without proper treatment.  Receiving treatment is very important following an accident especially if you are diagnosed with herniated disc(s) in the lumbar spine.  When you do go in for treatment, be sure to communicate all of your symptoms with your doctor.  Doing so will be very important should you decide to file a claim.

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

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.

You hear the siren and see the dreaded flashing lights behind you, but you are sure you haven’t done anything wrong. Can the police pull you over even if you haven’t broken the law? Technically, no—they cannot. But they have an arsenal of justifications for making a traffic stop, so you may just have to cooperate and deal with the possible fallout later.

Legal Reasons for a Traffic Stop

While law enforcement must have a valid reason for pulling you over, you might not be aware of what that reason is when you hear the siren and see the lights. That’s why it is important that you pull over and follow instructions. Police can pull you over if they believe any of the following:

You have violated a traffic law.

This is obvious. If you were speeding, ran a red light, failed to yield, or broke any other traffic law, you can be pulled over. You might not be aware that you broke the law, but if a police officer believes you did, he can stop you.

Your vehicle is out of compliance with Florida motor vehicle regulations.

You might have a tail light with a burned-out bulb, an expired license plate, or a malfunctioning turn signal. These are legitimate reasons for a traffic stop.

You or your car matches the description of a suspect.

If the police are looking for someone who committed a crime and your car is a similar make and model, or they think you resemble the suspect, they can pull you over to question you.

As you can see, these reasons can be applied to a variety of situations. In other words, the police can pull you over for almost anything—or even for nothing. However, once you have been stopped, you would be smart to follow the officer’s instructions.

Your Rights During a Traffic Stop

We’ve all seen the horrible consequences of traffic stops gone wrong. You do have rights when you are pulled over, but it is important to protect your own safety first. You can do this by giving the officer your driver’s license and registration if he asks for them and answering his questions—within reason. Be aware that you have the following rights:

You have the right to remain silent.

If you would incriminate yourself by answering the officer’s questions honestly, you do not have to answer them.

You can call an attorney.

If you are being accused of something beyond a traffic violation, you should call an attorney immediately and let him answer questions on your behalf.

You do not have to grant permission for a search of your vehicle.

Officers can search your vehicle if you allow them to. They can also search without your permission if they see something suspicious or have reason to believe your car contains evidence of a crime.

The most important thing you can do is remain calm and avoid confrontation. If you have been pulled over by an aggressive cop who is determined to cause trouble, your best bet is to follow his instructions and contact an attorney as soon as you can afterward. If the officer violated your rights with an illegal traffic stop, search of your vehicle, or physical assault, he could be held accountable and evidence could be excluded after the fact if you have strong legal representation.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

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.

Police Can Lie to You

They Cannot Offer Anything

Remain Silent and Get an Attorney

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

Understanding Florida’s Implied Consent Law: What You Need to Know

By driving in the state of Florida, you have agreed to any breath or sobriety test required by Florida law (it’s on your Florida driver’s license). Once the arresting officer has probable cause to believe you are under the influence, they will request that you take a breath test. If you refuse to take the breath test, the officer must then read you Florida Implied Consent Warnings.

What Happens If You Refuse a Breath Test in Florida?

These warnings will inform you that you are under arrest for driving under the influence and that you are being offered a breath test in order to determine the alcohol content of your blood. Should you refuse to take a breath test (or urine test for controlled substances), the Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driving privilege for 6 months for driving with an unlawful blood alcohol level (DUBAL) or for 1 year if you refuse, and 18 months if you have previously been suspended for refusing to submit to a breath, blood or urine test.

Florida DUI Arrests: The Role of Implied Consent Warnings

If you are not given these warnings by the officer and you refused to submit to a test, then you have not been advised of your rights under Florida’s implied consent law and there will be arguments that can be made in an attempt to keep the evidence of your refusal out of court.

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.

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.

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.

Like so many legal questions about car accidents, the answer is: it depends.  If your injuries are minor, you only had 1-2 visits to the doctor you probably don’t need to and shouldn’t hire a lawyer.  If the damage to your car is being paid by the at-fault driver’s insurance and you did not require medical treatment you need to realize two things: 1). You are very lucky and 2). I doubt an attorney could do much better than you can do on your own.

However, if your medical bills are greater than $2,500, you missed time from work or are still experiencing pain and physical problems a week or two after your accident, I encourage to at least speak with us.  If the insurance company for the at-fault driver is giving you a tough time or the runaround when it comes to accepting liability (fault), we may be able to help.  Most lawyers offer free consultations so you can have your questions answered.

Remember, under Florida’s PIP law, you must be seen by a doctor within 14 days and ultimately obtain an Emergency Medical Condition (EMC) in order to receive your full PIP benefits.  That’s why it is always best to at least get checked out immediately after your accident to make sure you are covered and there are no serious problems.

If you want to speak with a car accident attorney serving Miami-Dade, Broward, Monroe, Palm Beach and Collier County, call me at (305) 707-7345.  Even if you don’t hire us, we can help provide you with valuable information in the form of free books and other materials.

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

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.