A DUI charge in Miami means you are accused of driving under the influence of alcohol or drugs. This can happen if your blood alcohol level is 0.08% or higher or if you appear to be impaired while behind the wheel. A DUI is a serious offense in Florida and can lead to jail time, fines, a suspended license, and other penalties.
At Stroleny Law, we have extensive experience handling DUI cases and know how to fight for your rights. We will carefully review your case, challenge weak evidence, and look for mistakes made by the police. Whether it’s your first DUI or not, our defense firm will work hard to reduce the charges or get your case dismissed. With Stroleny Law, you’ll have strong legal support on your side.
For a free case evaluation and legal consultation with an experienced Miami DUI lawyer, please call us at (305) 615-1285 or contact us online for more information.
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Why Choose Us?
A DUI can result in serious penalties and collateral consequences upon conviction, including jail time in some cases. Miami DUI attorney and former prosecutor Julian Stroleny at Stroleny Law has successfully handled thousands of criminal cases. He will work aggressively and hard to obtain the best possible result in your Miami DUI case.
We offer free consultations 24 hours a day, seven days a week.
You can see our most recent client reviews and case testimonials on this site. Our office is conveniently located at 66 W Flagler St., Suite 1005, Miami, FL 33130.
Elements of a Miami DUI Charge that a Prosecutor Must Satisfy
To convict someone of a DUI in Miami, a prosecutor must prove several legal elements beyond a reasonable doubt. These elements are required under Florida law and must all be satisfied for a person to be found guilty of driving under the influence.
The first element is actual physical control of a vehicle. The prosecutor must show that the person was either driving or had the ability to operate the vehicle. Even if the car wasn’t moving, sitting in the driver’s seat with the keys in the ignition or within reach may be enough to show physical control under the law.
The second element is impairment. The prosecutor must prove that the driver was either impaired by alcohol or drugs or had a blood alcohol concentration (BAC) of 0.08% or higher at the time of driving. This can be shown in two ways. One way is through chemical testing, such as a breath, blood, or urine test. If the test shows a BAC over the legal limit, that is strong evidence of DUI. The other way is by showing impairment through observation. For example, an officer may testify that the driver had slurred speech, poor coordination, or failed field sobriety tests.
The third element is that the impairment occurred while the person was in actual control of the vehicle. It must be clear that the driver was impaired at the time they were operating or in control of the car—not before or after.
All three elements must be proven. If any are missing or weak, it can result in a reduced charge or even a dismissal. At Stroleny Law, we can challenge the traffic stop, question the accuracy of the tests, or raise doubt about whether you were impaired or in control of the vehicle.
Potential Penalties for a Miami DUI Conviction
If you are convicted of a DUI in Miami, the legal penalties can be serious and depend on factors like whether it is your first offense, how high your blood alcohol level was, and whether there were any aggravating circumstances like property damage or injury. Florida law sets specific penalties for DUI convictions, and judges must follow these rules when handing down sentences.
For a first DUI offense, you may face up to six months in jail. If your blood alcohol concentration (BAC) was 0.15% or higher, or if a minor was in the vehicle, the jail time can increase to nine months. You may also be fined between $500 and $1,000 or up to $2,000 if aggravating factors are present. The court will likely suspend your driver’s license for six to twelve months and may order you to complete DUI school and perform community service.
A second DUI conviction brings harsher penalties. Jail time can reach up to nine months or up to one year if your BAC is 0.15% or more or if a minor was in the car. Fines range from $1,000 to $2,000, or up to $4,000 with aggravating circumstances. Your license may be suspended for at least five years if the second conviction happens within five years of the first. The court may also require you to install an ignition interlock device in your vehicle.
A third DUI within ten years is considered a felony. You could face up to five years in prison, a fine of up to $5,000, and a ten-year license suspension. The penalties become even more severe for a fourth or subsequent DUI, which is automatically a felony and carries a minimum fine of $2,000 and a permanent driver’s license revocation.
These penalties are mandatory under Florida law, and judges have little flexibility in reducing them. However, if you are convicted, the exact sentence may vary depending on the circumstances of your case and your prior record (if any).
Collateral Consequences of a Miami DUI Conviction
A DUI conviction in Miami can have serious legal penalties, but it can also lead to many collateral consequences that affect your everyday life. These are not part of the formal sentence from the court, but they can still have a major impact on your future.
One major consequence is the effect on your employment. Many employers run background checks, and a DUI conviction will appear on your criminal record. This could make it harder to get a job, especially if the position involves driving or operating machinery. If you already have a job, your employer may choose to fire you, especially if driving is part of your duties.
Your insurance rates will likely increase after a DUI. Auto insurance companies often consider people with DUI convictions to be high-risk drivers. As a result, your premiums can go up significantly, or your policy could even be canceled. In some cases, you may be required to carry special high-risk insurance known as SR-22 coverage.
A DUI conviction can also affect your professional license. If you work in a field that requires a license—like healthcare, law, real estate, or education—a DUI can trigger disciplinary action. Some licensing boards may suspend or revoke your license, making it difficult or impossible to continue working in your profession.
Your personal life may be affected as well. A DUI conviction can harm your reputation and relationships. Family members, friends, and others may judge you differently once they find out about your conviction. If you are involved in a custody dispute, a DUI on your record can be used against you in court to question your ability to care for your child.
You may also face travel restrictions. Some countries, like Canada, may deny entry to travelers with DUI convictions, even if the offense happened years ago. This could limit your ability to travel for work or pleasure.
In short, the consequences of a DUI in Miami go far beyond jail time and fines. A conviction can affect your job, finances, reputation, and even your ability to travel, making it important to take any DUI charge seriously.
Defenses to a DUI Charge in Miami
If you are charged with DUI in Miami, there are several possible legal defenses you may raise to fight the charge. These defenses can challenge the evidence, the way the arrest was handled, or whether your rights were violated. If the defense is strong, it may lead to a reduced charge, dismissal, or even a not-guilty verdict at trial.
One common defense is to challenge the traffic stop. Police must have a legal reason to pull you over, such as swerving, speeding, or running a red light. If the stop was not based on reasonable suspicion or violated your rights, the entire case could be thrown out.
Another defense is to question the field sobriety tests. These tests are used by officers at the scene to look for signs of impairment. However, the results are not always reliable. Many people fail these tests due to nerves, medical conditions, poor weather, or uneven ground—not because they were impaired. You may be able to argue that the tests were unfair or improperly given.
You can also challenge the results of the breath or blood tests. Breathalyzers must be properly maintained and used by trained officers. If the machine was not working correctly or the officer did not follow procedures, the test results might not be accurate. Similarly, blood tests can be questioned if the sample was handled improperly or contaminated.
Another possible defense is the lack of actual physical control of the vehicle. Florida law requires the prosecutor to prove you were in control of the car while impaired. If you were asleep in the backseat with the keys far away, for example, you might argue that you were not actually in control of the vehicle.
A medical defense may also apply in some cases. Certain medical conditions can cause symptoms that look like impairment, such as slurred speech or unsteady movements. Medical records or expert testimony can be used to show that your condition, not alcohol or drugs, caused your behavior.
Overall, a strong DUI defense in Miami depends on the specific facts of your case.
How We Can Handle Your Miami DUI Case for You
At Stroleny Law, we understand how stressful and overwhelming it can be to face a DUI charge in Miami. A conviction can lead to serious penalties, including jail time, fines, and a suspended license. That’s why we work hard to protect your rights and fight for the best possible outcome in your case.
When you hire us, we begin by carefully reviewing all the details of your arrest. We look at whether the officer had a legal reason to stop you, whether the field sobriety tests were given properly, and whether any chemical tests were accurate and handled the right way. If we find any weaknesses in the case, we use them to challenge the evidence and push for a dismissal or reduced charge.
We also make sure that your rights are respected throughout the entire process. If the police violated your rights during the stop, arrest, or questioning, we will fight to have that evidence thrown out. We are not afraid to take your case to trial if that’s what it takes to protect your future.
At Stroleny Law, we believe that every client deserves strong and aggressive legal representation. We are committed to giving your case the personal attention it needs. Our team will keep you informed every step of the way and explain your options clearly so you always know what to expect.
Whether this is your first DUI or you’ve been charged before, we will use our knowledge and experience to fight for you. Our goal is to reduce the consequences of the charge or avoid a conviction altogether.
If you’ve been charged with DUI in Miami, don’t wait. Contact Stroleny Law today for a free consultation, and let us start building your defense.
Steps to Take if You’re Arrested for a DUI in Miami
If you are arrested for a DUI in Miami, taking the right steps early on can make a big difference in how your case turns out. First, remain calm and polite during the arrest. Do not argue with the police or resist, as this can lead to more charges. You have the right to remain silent, and it’s best to use it. Avoid answering questions about where you were or how much you had to drink.
After your arrest, try to remember everything that happened, including what the officer said and did. These details can help us build a strong defense on your behalf. Keep any paperwork given to you by the police, such as your citation, release forms, or court date notice.
As soon as possible, contact Stroleny Law. Having an experienced Miami DUI lawyer on your side right away is one of the most important things you can do. We will review your case, explain your legal options, and start protecting your rights immediately. We can also help you prepare for your court date and deal with issues like a license suspension.
A DUI charge is serious, but you don’t have to face it alone. Call Stroleny Law today for a free consultation, and let us begin fighting for you.
Contact an Experienced Miami DUI Lawyer Today
At Stroleny Law, we are prepared to aggressively fight for your rights and interests and pursue the best available result in your DUI case. For a free case evaluation and legal consultation with a knowledgeable Miami criminal defense attorney, please call us at (305) 615-1285 or contact us online for more information.
Request a Free Case Evaluation
Stroleny Law – Miami Office
66 W Flagler St Suite 1005
Miami, FL 33130
P: 305-615-1285
