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Miami Criminal Defense Lawyer and Miami DUI Attorney
DUI offenses are very complex and have serious consequences. Below is an overview of these cases. For a detailed explanation, please visit the Florida DUI and Administrative Suspension Laws section of the Florida Department of Highway Safety and Motor Vehicles (HSMV) website.
In Florida, a person can be charged with driving under the influence if they are in physical control of a motor vehicle while impaired by alcohol or drugs, or operating a motor vehicle with a blood alcohol level (BAL) of 0.08% or higher.
Once the police suspects that a driver is operating under the influence, they may make a DUI traffic stop. Before a police officer can legally make a traffic stop, they must have sufficient cause. If the driver is disobeying traffic laws or displaying erratic driving behaviors, a police officer can make a legitimate traffic stop. However, the officer must be able to articulate a valid reason for stopping you. In other words, mere suspension is not sufficient.
During the traffic stop, the police officer will monitor the driver’s behavior, and look for further signs of intoxication. If the driver is incoherent, unable to answer questions, or has slurred speech, the police will have reason to believe the driver is under the influence. The driver will then be asked to submit to a voluntary field sobriety tests. By this point, the officer has most likely already made up his/her mind to arrest the driver, regardless of the performance on the tests. Once the driver is arrested and brought to the police station, they will be asked to provide a breath, blood, or urine sample.
If you are convicted of DUI in Florida, you face an array of harsh legal penalties. In addition to the penalites listed below, DUI carries a mandaoty adjudication. Meaning you will be convicted of the crime (as opposed to getting a Withold of Adjudication which is not a conviction).
Below is a list of possible penalties for 1st, 2nd, and 3rd DUI convictions, but for a comprehensive list please click here
1st DUI Conviction
- Fines of $250- $500, plus approximately $375 in court costs.
- Up to 6 months in jail.
- Vehicle impoundment up to 10 days.
- DUI school.
- Mandatory community service.
- Required counseling and attendance at MADD functions.
- Driver’s license suspension of 6 months.
2nd DUI Conviction
- Fines of $500-$1000, plus approximately $375 in court costs.
- If the 2nd offense is within 5 years of the first, mandatory 10 days in jail.
- Up to 12 months in jail.
- Driver’s license suspension of up to 5 years.
- Vehicle impoundment up to 30 days.
- Multi-Offender DUI school.
- Mandatory community service.
- Required installation of an Ignition Interlock Device.
- Required counseling and attendance at MADD functions.
3rd DUI Conviction
- May be charged as a felony.
- Fines of $1000-$2500, plus court costs.
- If the 3rd offense is within 10 years of the most recent offense, mandatory jail time of 30 days.
- If charged as a felony, up to 5 years in state prison.
- Driver’s license suspension of 10 years.
- Vehicle impoundment up to 90 days.
- Multi-Offender DUI school.
- Mandatory community service.
- Required installation of an Ignition Interlock Device.
- Required counseling and attendance at MADD functions.
It is clear that for even a first offense, the penalties are severe. However, it is important to remember that an arrest is NOT a conviction; it is just an accusation. There are many different legal strategies available to fight for you in a DUI case.
Bottom line is that no matter how hopeless you think your situation is, you should still call me today and come in for a free consultation. I’ll give you honest advice about the strength of your case, and what I think I can do for you. At least then, you can make decisions with piece of mind.
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