Getting charged with a DUI in Miami Beach, Florida, can have long-lasting consequences depending on the circumstances of your case and whether it is your first DUI offense.
DUI charges can be contested and with an experienced Miami Beach DUI lawyer, you might get your charges dropped or face reduced punishments. At Stroleny Law, we have successfully represented clients in numerous DUI cases.
Our leading attorney, Mr. Stroleny, was once a Miami-Dade DUI prosecutor and knows the intricacies of the prosecution’s game plan and intimate knowledge regarding the legal strategies of a DUI conviction.
Do not try to fight the charges without legal knowledge and a dedicated criminal defense attorney. Contact our law firm for a free case consultation to learn more about your rights and legal options. We proudly serve Miami, FL, residents on a 24/7 basis in criminal cases, especially DUI. Here is everything you need to know about drunk driving defense, DUI convictions, Florida DUI law, and more.
Understanding DUI Charges
Under Florida DUI law, drivers who operate their vehicle with a blood alcohol content (BAC) of 0.8% or higher can get a DUI conviction. However, drivers under the age of 21 have a lower legal limit of 0.2%.
Miami-Dade County and the rest of Florida have a zero-tolerance policy towards drunk driving. Unlike other states, a DUI conviction will remain on your criminal record indefinitely, which is why it is even more crucial to seek a Miami DUI attorney to help you.
The DUI Arrest Process
A DUI charge begins when police officers initiate a stop based on reasonable suspicion, such as erratic driving behavior or traffic violations. They then subject the driver to field sobriety tests or breathalyzer tests to evaluate their BAC levels.
Drivers have the right to refuse field sobriety tests and the breathalyzer test. However, refusing to do so can result in other criminal penalties.
Steps to Take after a DUI Arrest
If you are suspected of DUI in Florida, it is best to comply with the officers and if you are arrested, remain calm and document the details of the arrest. Seek a DUI defense attorney as soon as possible and refrain from giving information that could be incriminating.
Even if you have performed the field sobriety tests, attorneys can use DUI defense strategies to contest the results. In certain instances, medication or a health issue could result in false results, which can be used to contest the allegations. Speak with a Miami DUI lawyer to learn more about DUI defense and what might apply to your case.
Consequences of a DUI Conviction
DUI convictions carry various consequences for the driver. DUI cases are more severe if the driver had a prior conviction, operated the vehicle with a suspended or invalid license, injured others, or had a minor passenger during the operation of the vehicle.
First DUI
In Florida, a DUI offense is either a misdemeanor or felony DUI case depending on the circumstances of your case. DUI offenses receive various classifications depending on the aggravating factors.
In most instances, first-time DUI offenders will be charged with a misdemeanor. If this is your first DUI charge and it did not result in bodily injury to others or had other aggravating factors, you will be fined between $500 and $1,000.
A first-time DUI offense will also result in 6 months of jail, or 9 months if the BAC level is 0.15% or higher, or if there was a minor in your vehicle. In some cases, individuals could spend up to one year on probation.
If your BAC levels were above 0.8%, your license suspension could last for 6 months and if you refused the chemical tests, it could increase to a year. All first-time DUI offenders must also perform 50 hours of community service and will have their vehicles impounded for ten days.
Second DUI
DUI penalties and punishments get harsher with each subsequent conviction, especially if it occurs within 5 years of the first one. DUI cases revolving around a second conviction can result in fines between $1,000 and $2,000 and up to 9 months in jail.
If the driver had a BAC level of 0.15% or higher or had a minor present in the vehicle during the arrest, they could spend one year in prison. If the second conviction occurs within five years of the first one, the driver will serve a minimum of 10 days in jail. Their license will be revoked for 5 years.
Your vehicle will be impounded for 30 days and your license will be suspended for a minimum of 6 months. In many cases, even second DUI charges are often treated as a misdemeanor, but it depends on the circumstances of your case.
Third DUI
A third DUI conviction is often a felony DUI charge if it occurred less than ten years after the previous one. A third DUI within ten years usually results in fines between $2,000 and $5,000 and a minimum jail sentence of 90 days. It will be a third-degree felony offense.
An individual can also serve up to 12 months in jail even if their third DUI occurred over ten years after the second. Although your driver’s license suspension will be revoked for 10 years, you can still apply for it after 2 years through hardship reinstatement. Your vehicle will also be impounded for 30 days.
Fourth DUI
When you are convicted a fourth time for a DUI, you will be considered a habitual offender and will have your driver’s license revoked permanently. A fourth-time DUI offender will also pay fines of at least $2,000 and can face up to 5 years in prison.
DUI Manslaughter
DUI manslaughter is treated as a second-degree felony under criminal law. Offenders can be fined up to $10,000 and face a prison sentence of up to 15 years. If the driver leaves the accident scene, then they have committed a first-degree felony and will face a prison sentence of up to 30 years.
How a Criminal Defense Attorney Can Help
Drunk driving can have serious consequences and will be on your record for 75 years. If you face such criminal charges, then you should seek a top lawyer to help you with the legal process and provide you with a solid defense.
A DUI criminal case does not end once you are arrested and a dedicated Miami DUI attorney can help you understand your legal options and prepare your DUI defense based on the available evidence.
The Importance of Legal Representation By Criminal Defense Lawyers
Criminal offenses, such as drunk driving can be challenged and a law firm specializing in DUI defense can help you.
First, a DUI lawyer will analyze your case and develop a defense strategy based on the information gathered. A dedicated Miami DUI lawyer will review everything, beginning with police reports, video footage, and witness statements.
Once this meticulous process is completed, various legal arguments and potential defenses can be used in your favor. For example, a drunk driving offense can be classified as a reckless driving offense under the right circumstances, which is a lesser sentence.
Your DUI defense team can challenge the legality of your traffic stop or question the breathalyzer results. In some cases, your DUI defense team can prove that you were not impaired. There are other defense strategies that a DUI defense attorney can formulate.
Post-Conviction Relief Options
A Miami Beach criminal defense lawyer can help you with post-conviction relief options following a DUI case in South Florida. Our law firm can assist you with options for expungement or appeal your case if a conviction occurs.
Let a Miami DUI Lawyer Help You
At the law offices of Stroleny Law, a dedicated Miami DUI lawyer will leave no stone unturned when it comes to your defense. Our aggressive approach focuses on providing you with a personalized and effective legal solution. Throughout the years we have handled numerous DUI cases where we have proven that many drivers were wrongfully charged with DUI. We will assist you with gathering evidence, developing your defense, pre-trial motions and hearings, dedicated trial representation, and post-conviction relief.
Our leading attorney, Mr. Stroleny, has earned various awards and accolades, such as the Trial Advocacy Award, a distinguished honor given only to the most outstanding trial lawyers, so you shouldn’t fear having your case reach this stage. Contact our law offices for a free case evaluation and dedicated legal representation.
FAQ
How Can I Avoid License Suspension?
To avoid having your license suspended in Florida, you should challenge your case with the Department of Motor Vehicles (DMV) within 10 days from the date of the arrest. Work closely with a lawyer to have a better chance.
What are the Chances of Having My DUI Case Dismissed?
To have your DUI case dismissed or get reduced charges, you need to have strong evidence and good legal representation. Between 30% to 40% of all DUI cases are usually reduced to a lesser charge depending on the circumstances of the case.
Does Florida Report DUIs to Other States?
Florida reports DUIs to other states due to an agreement to share driver information. Out-of-state convictions are usually regarded as prior offenses, which can affect your current DUI charge.
Our Location
If you need a criminal defense attorney in Miami Beach, Stroleny Law is located at 66 W Flager St. Suite 1005, Miami, FL, 33130. We are available 24/7 at (786) 882-2708.
