Driving Under the Influence in Miami
Overview
If you are facing a DUI arrest, it could be one of the most frightening experiences of your life. Miami law states that you have only ten days to get your license back after an arrest. You need to hire an experienced attorney at the DUI Defense Law Offices of “Insert Attorney Name” who knows how to fight the charges because this arrest can ruin your life forever if handled by someone who doesn't know or understand the DUI laws of Miami.
The Facts
In the state of Florida, police officers have the right to make a DUI stop if they have reasonable suspicion that a person is operating a motor vehicle while under the influence of drugs, alcohol, or both. Driving behaviors that will alert a police officer to a possible DUI are:
- Speeding
- Swerving
- Ignoring traffic signs or lights
- Erratic stopping
You will be arrested for DUI or DWI if you are found to be in control of a motor vehicle while under the influence of drugs or alcohol to the extent your normal faculties are impaired. Miami DUI and DWI laws also apply to piloting aircraft, boating and in some instances, riding a bicycle.
Miami law says that DUI or DWI arrests are not video taped so there is no actual proof whether you were actually impaired or to what extent. If you choose not to blow into the intoxilizer (5000 or 8000) at the scene, the court’s only evidence is the officer’s testimony.
One of our qualified attorney’s will help you discredit the testimony of the arresting officer. In Miami, you can be arrested depending upon the extent of your impairment. However, you are innocent until proven guilty.
Driving under the influence
- You will be found guilty of driving under the influence if
- your blood-alcohol level is 0.08 or more grams per 100 milliliters of blood or
- your breath-alcohol level is 0.08 or more grams per 210 liters of breath
- you are under age 21, you can have your license suspended if your blood-alcohol level is over 0.02 but you will be arrested if your blood-alcohol level is 0.08
Penalties for a DUI in Miami
- First Conviction
- $250 to $1,000 fine
- 0 to 6 months in jail
- 6 months to 1 year driver’s license suspension
- Up to 1 year probation
- Up to 50 hours community service
- DUI school
- Vehicle could be impounded
- Depending on blood-alcohol level, a vehicle interlock device at your expense
- Second Conviction
- $500 to $2,000 fine
- 10 days to 9 months in jail
- Up to 5 years suspension of driver’s license
- Up to 50 hours community service
- DUI school
- Vehicle could be impounded
- You will be responsible for placing an ignition interlock device on your vehicle for at least 1 year
- Third Conviction – FELONY
- $1,000 to $5,000 fine
- 30 days to 5 years in jail
- Driver’s license suspension for about 10 years
- Up to 5 years probation
- Up to 50 hours community service
- Vehicle impoundment
- DUI school
- Ignition interlock device on your vehicle
- Fourth Conviction – FELONY
- $1,000 to $5,000 fine
- Up to 5 years in jail
- Driver’s license suspended permanently
- Up to 5 years probation
- Up to 50 hours community service
- Vehicle impoundment
- DUI school
- Ignition interlock device on your vehicle
If an accident occurs
In Florida, police officers, prosecutors, and judges will immediately punish a person who has caused a DUI accident, especially one involving death or injury to another person. If this happens to you, you will not have an easy time in court; you will be charged with a third degree felony. This is punishable by up to five years in the Florida State Prison. A DUI charge, without death of injury, is considered a misdemeanor and punishable by yp to 6 months in jail for a first-time offender.
In Conclusion
The attorneys at “Insert Attorney Name” concentrate in driving under the influence cases, a charge that can follow you the rest of your life. We want our clients to receive the guidance and direction they need from start to finish. Our goal is to provide the best quality representation and continual advice to our clients.