Miami DUI Attorney

Arrested for Drunk Driving in Miami-Dade County? We're Here to Help

If you have been arrested for driving under the influence (DUI) in Miami, Florida, it is important to seek the help of a skilled Miami criminal defense lawyer. A DUI charge can have serious consequences, including fines, license suspension, and even jail time.

An experienced Miami DUI defense lawyer at the Law Office of Armando J. Hernandez, P.A. can help you understand the DUI charges against you, advise you on the best course of action, and represent you in Miami court. 

They can also work to negotiate a plea bargain or seek a reduction of charges to minimize the potential penalties you may face. In addition, a DUI defense lawyer in Miami can help protect your rights and ensure that you are treated fairly throughout the legal process.

Arrested for drunk driving? Contact the Law Office of Armando J. Hernandez, P.A. today for your free consultation from our Miami DUI lawyer. Give us a call at (305) 400-0074 today.

Understanding DUI Laws in Florida

Driving Under the Influence (DUI), also referred to as Driving While Intoxicated (DWI) in other states, is the criminal offense of operating a motor vehicle while impaired by drugs and/or alcohol or operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher.

In Miami, Florida, a DUI is considered a serious criminal offense which can lead to severe legal penalties if the person is convicted.

It is crucial to understand that impairment is not limited to alcohol, and any substance affecting your ability to drive safely can be grounds for arrest. This includes prescription and over-the-counter drugs. This comprehensive view reflects the commitment of Miami’s legal system to maintain road safety.

Penalties of DUI Conviction in Florida

Being charged with a DUI in Florida can have serious legal and personal consequences. It's important to understand the potential penalties and long-term effects of a DUI conviction, including:

• Driver's License Suspension: suspension or revocation
• Fines and Court Costs: financial penalties
• Possible Jail Time: incarceration risks
• Mandatory DUI Education: treatment programs
• Increased Insurance Premiums: higher rates
• Professional Impact: potential effects on employment and professional licenses

Other consequences can extend to personal life disruptions, such as strained relationships with family and friends, and challenges in future housing applications due to the background checks. Awareness of these potential repercussions underscores the importance of addressing DUI charges with informed legal guidance.

Our experienced Miami DUI attorneys at the Law Office of Armando J. Hernandez, P.A. can provide personalized legal guidance and representation to help you navigate the complexities of DUI charges in South Florida. Don't face these serious consequences alone - contact us today to discuss your case and explore your legal options.

Penalties for a First-Time DUI in Miami

• Jail time and fines: Up to 6 months in jail and fines of $500–$1,000 for a BAC between 0.08% and under 0.15%; up to 9 months in jail and fines of $1,000–$2,000 for a BAC of 0.15% or higher.
• License and vehicle consequences: Driver’s license suspension ranging from 180 days to 1 year, and possible vehicle impoundment for up to 10 days.
• Education and service requirements: Completion of DUI school and up to 50 hours of community service, with an additional fee assessed per required hour.
• Ignition interlock device: May be required for up to six months, particularly for cases involving a BAC above 0.15% as part of hardship license reinstatement.

Aside from the immediate legal consequences, a first DUI offense in Florida can also impact personal and professional opportunities. Employers may view a DUI conviction unfavorably, which could affect current and future job prospects. 

Additionally, obtaining professional licenses or certifications may become more challenging. It's essential to approach such charges with a proactive legal strategy to mitigate these potential impacts.

Penalties for a Second DUI in Miami

• Jail time and fines: Up to 9 months in jail and fines of $1,000–$2,000 for a BAC between 0.08% and under 0.15%; up to 12 months in jail and fines of $2,000–$4,000 for a BAC of 0.15% or higher.
• Mandatory jail (within five years): A minimum of 10 days in jail if the second DUI conviction occurs within five years of the first.
• License suspension: Up to a five-year license suspension if the second conviction is within five years; eligibility for hardship reinstatement after one year.
• Vehicle impoundment: Possible 30-day vehicle impoundment if the second conviction is within five years.
• Education requirements: Completion of DUI school is required for hardship license reinstatement.
• Ignition interlock device: Required for 1 year for a BAC between 0.08% and under 0.15%, and for 2 years for a BAC of 0.15% or higher.

For a second DUI, the penalties escalate significantly, reflecting Florida's stringent stance on repeated offenses. Beyond legal penalties, it marks a potential turning point where issues like rehabilitation may be considered. 

Courts may mandate counseling or substance abuse programs to address underlying issues contributing to repeated offenses. This approach aims to reduce future incidents by promoting better understanding and self-awareness among offenders.

Penalties for a Third DUI in Miami

Penalties for a Fourth DUI in Miami

• Felony classification and jail time: A fourth DUI conviction is a felony and may result in up to five years in prison.
• License suspension: Lifetime driver’s license suspension with no eligibility for hardship reinstatement.

The gravity of a fourth DUI conviction reflects in its classification, often leading to long-term imprisonment and permanent loss of driving privileges. This severe response is designed to protect the community by reducing recurrent threats posed by habitual offenders. 

It also stresses the importance of compliance with legal standards and underscores the critical need for competent legal guidance to navigate the complexities of such a formidable charge.

Penalties for a DUI With Drug in Miami

DUI drug cases in Miami usually involve chemical tests of your urine and/or blood. Under Florida DUI law, it is illegal for a driver to operate a motor vehicle while their normal abilities are impaired due to a controlled substance.

Many typical prescription and over-the-counter drugs can cause driver impairment and have an effect on the driver’s normal faculties, such as the driver’s ability to talk, walk, and make emergency decisions.

The penalties for DUI of drugs are the same as for driving under the influence of alcohol. A driver may face the following penalties for a first DUI in Miami:

• Monetary fines of up to $500 for a first conviction
• Driver’s license suspension for a period set by the court and the Florida DHSMV
• Potential imprisonment for up to six months depending on the circumstances

A driver may also face probation and/or a mandatory rehabilitation or drug treatment program set forth by the Miami courthouse.

When facing DUI charges involving drug use, it is imperative to understand the protocols surrounding chemical tests. Legal representatives can dispute the procedures or results if they believe errors were made during testing, potentially altering the case's direction. Accurate representation involves understanding both legal rights and the rights of the accused, ensuring a fair application of justice.

Penalties for Boating Under the Influence in Miami

Similar to driving under the influence, BUI or boating under the influence is a serious crime. 

For a first BUI conviction, the defendant may face:

• Up to 6 months in jail and fines typically between $500 and $1,000.
• Mandatory probation, community service, substance abuse education, and vessel impoundment (e.g., 10 days).

The Miami Criminal Defense Process for DUI Charges

The clock starts ticking the moment you are released from custody. In Florida, you have a strict 10-day window to take action regarding your driver's license.

• The 10-Day Rule: Within 10 days of your arrest, a Miami DUI defense lawyer must request a "Formal Review Hearing" with the DHSMV. If you miss this deadline, your license suspension becomes automatic. Filing this request allows us to obtain a 42-day temporary driving permit so you can continue to work while we fight the case.
• The Arraignment: This is your first court appearance where we enter a plea of "Not Guilty." We use this time to demand all discovery, including the "DUI Room" video and breathalyzer maintenance logs.
• The Formal Review Hearing: This is a mini-trial at the DMV. We use it as a strategic opportunity to cross-examine the arresting officer under oath before the prosecutor has even reviewed the file.
• Discovery and Pre-Trial Motions: We scrutinize the Intoxilyzer 8000 maintenance records. If the machine was not calibrated according to FDLE standards, the results could be thrown out. We also review body-worn camera footage to see if your "normal faculties" truly appeared impaired.
• Trial or Plea Negotiation: We often negotiate for a "Wet Reckless," which reduces the charge to reckless driving. If the state refuses to be fair, our over 20 years of defense experience ensures we are ready to take your case to a jury.

DHSMV Hearings

In the state of Florida, if a driver is pulled over for DUI and is found to have a BAC of 0.08% or higher or if the driver fails or refuses a breathalyzer test or a blood test, they will have their license suspended at once.

• If a driver has been arrested for DUI, they will only have 10 days to schedule an administrative hearing with Florida’s Department of Highway Safety and Motor Vehicles (DHSMV).
• If they do not schedule this hearing within the 10 days, then their license will be automatically suspended for 1 year.
• If a person fails to schedule their hearing with the DHSMV, they will not be able to legally drive for a minimum of six months.

In addition, other DUIs can result in extended periods of license suspension ranging from 5 to 10 years or permanent revocation.

Criminal defense attorney Armando Hernandez can schedule your DHSMV hearing for you and can represent you at your hearing. As an aggressive and skilled lawyer with a background as a former Miami-Dade prosecutor, attorney Hernandez understands the particulars of both sides of the criminal process.

How Our DUI Defense Attorney in Miami Can Help

An experienced criminal defense lawyer really can help with DUI support for your case. At the Law Office of Armando J. Hernandez, P.A., we don't just look for a quick plea deal. We use a technical and scientific approach to defense:

• Challenging Field Sobriety Exercises (FSEs): These tests are designed for you to fail. We point out how fatigue, medical conditions, uneven pavement, or even the bright lights of a patrol car on the Palmetto Expressway can cause "failing" marks in a sober person.
• Breathalyzer Forensics: The Intoxilyzer 8000 makes assumptions about human physiology that aren't always true. We challenge "mouth alcohol" contamination and the 20-minute observation period required by law.
• Constitutional Defense: We investigate whether the officer had a legal basis for the stop and if they had "probable cause" for the arrest. A "hunch" is not enough to arrest you in Miami.

Should you decide to seek representation for your DUI charges, our Miami DUI lawyer will help keep you informed and prepared to handle your court case in Miami, Florida.

With the right legal representation, there is a possibility to contest certain aspects of a DUI charge. For instance, an attorney may challenge the validity of the traffic stop, the accuracy of breathalyzer equipment, or the procedures followed during the arrest. By scrutinizing every detail of the case, your attorney aims to ensure your legal rights are upheld throughout the proceedings.

Learn more about how our Miami DUI defense attorney by contacting us online or calling (305) 400-0074 today!

FAQs About DUI Charges in Miami

What Should I Do If I'm Pulled Over For Suspicion of DUI?

If you are pulled over under suspicion of DUI in Miami, it's crucial to remain calm and respectful. You have the right to remain silent beyond providing basic information. It’s advised not to engage in discussions about where you’ve been or your activities. Request to speak with your attorney immediately and refrain from performing any field sobriety tests or providing incriminating statements that can be used against you later. Being informed about your rights can safeguard against unintended admissions that may complicate your defense.

How Can a DUI Impact My Insurance?

A DUI conviction typically leads to a significant increase in car insurance rates. In Florida, insurers may categorize drivers with a DUI as high-risk, significantly raising premiums or, in some cases, canceling the policy altogether. You may also be required to file an SR-22 form, which acts as proof of financial responsibility, further signaling a high-risk status to insurance agencies. This aspect of a DUI can lead to long-term financial burdens, emphasizing the importance of effective legal representation to mitigate charges where possible.

What Are the Penalties for Refusing a Breathalyzer in Florida?

Refusing to take a breathalyzer test in Florida results in automatic license suspension due to the state’s implied consent law. For a first refusal, your license can be suspended for a year, and if it’s your second time refusing, you could face an 18-month suspension and potential jail time. Although refusing the test might seem beneficial in the short term, the long-term consequences can still be severe. Engaging a knowledgeable DUI attorney is key to navigating the complexities of breathalyzer refusals and minimizing their effects on your future.

How Long Does a DUI Stay on My Record?

In Florida, a DUI conviction remains on your criminal record for 75 years, effectively a lifetime presence. This can significantly impact your future, affecting employment, housing, and professional licensing opportunities. Attempting to seal or expunge a DUI record is exceptionally complicated and is generally not permitted for those convicted. Therefore, addressing your charges timely and effectively with a seasoned attorney is critical for minimizing long-term impacts.

If you are facing DUI charges, call the Law Office of Armando J. Hernandez, P.A. today at (305) 400-0074 or contact us online to schedule a free consultation with our DUI attorney in Miami, Florida.