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DUI Attorney in Miami

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Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) 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 Florida, DUI is considered a serious offense which can lead to severe legal penalties if the person is convicted.

What is The Penalty For a First Time DUI Offense in Florida?

  • A person with a BAC of 0.08% to less than 0.15% may serve a maximum of 6 months in jail and pay fines from $500 up to $1,000
  • A person with a BAC above 0.15% may serve a maximum of 9 months in jail and pay fines from $1,000 up to $2,000
  • A person convicted of a first drunk driving offense may have their license suspended from 180 days to 1 year and may have their vehicle impounded for 10 days
  • A person convicted of a first drunk driving offense may have to complete DUI school prior to the hardship application
  • A person convicted of a first drunk driving offense may have to complete 50 hours of community service and pay $10 for each hour required
  • Ignition interlock device – up to six months (hardship reinstatement BAC above 0.15%)

What is The Penalty For a Second DUI Offense in Florida?

  • A person with a BAC of 0.08% to less than 0.15% may serve a maximum of 9 months in jail and pay fines from $1,000 up to $2,000
  • A person with a BAC above 0.15% may serve a maximum of 12 months in jail and pay fines from $2,000 up to $4,000
  • A person convicted of a second drunk driving offense may face a mandatory 10 days in jail if the second conviction is within 5 years
  • A person convicted of a second drunk driving offense may have their license suspended for five years if the second conviction is within five years
  • A person convicted of a second drunk driving offense may have their vehicle impounded for 30 days if the second conviction is within 5 years
  • If a person is convicted of a second drunk driving offense, they will have their license suspended and will be eligible for hardship reinstatement after one year
  • Hardship reinstatement – complete DUI school
  • Ignition interlock device is required for 1 year for BAC from 0.08% to less than 0.15%
  • Ignition interlock device is required for 2 years for BAC above 0.15%

What is The Penalty For a Third DUI Offense in Florida?

  • If a person is convicted of a third drunk driving offense within 10 years, it is a third-degree felony
  • If a person is convicted of a third drunk driving offense, they may face up to 12 months in jail
  • If a person is convicted of a third drunk driving offense, they may face a mandatory 30 days in jail if the third conviction is within 10 years
  • A person with a BAC from 0.08% to less than 0.15% may pay fines from $2,000 up to $5,000
  • A person convicted of a third drunk driving offense may have their license suspended for 10 years if the third conviction is within 10 years
  • If a person is convicted of a third drunk driving offense, they will have their license suspended and will be eligible for hardship reinstatement after two years
  • Hardship reinstatement – complete DUI school
  • Ignition interlock device is required for two years
  • A person convicted of a third drunk driving offense may have their vehicle impounded for 90 days if the third conviction is within 10 years

What is The Penalty For a Fourth DUI Offense in Florida?

  • If a person is convicted of a fourth drunk driving offense, they may face up to five years in jail
  • If a person is convicted of a fourth drunk driving offense, they may have their license suspended for life with no hardship reinstatement

DUI Drug Cases

DUI drug cases 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. Many people are surprised to learn that prescription drugs or over-the-counter medication can lead to a DUI arrest.

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 offense:

  • A fine of up to $500
  • A driver’s license suspension
  • Imprisonment for up to six months

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

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.

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

Call Law Office of Armando J. Hernandez, P.A. today at (305) 400-0074 or contact us online to schedule a free consultation with our Miami DUI attorney.

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