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.

What Are DUI & DWI in South Florida?

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

In addition to typical alcohol-related cases, many drivers are unaware that various medications, including prescription and over-the-counter drugs, can result in DUI charges. 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 comprehensive view reflects the commitment of Miami’s legal system to maintain road safety.

Can a Criminal Defense Attorney Really Help With DUI?

Yes, an experienced criminal defense lawyer really can help with DUI support for your case. DUI or DWI laws can be complicated and change frequently along with convictions.

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.

Understanding the Consequences of DUI 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.

What Are The Charges for a First-Time DUI 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-time crime 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 DUI charge may have to complete DUI school prior to the hardship application
• A person convicted of a first DUI charge 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%)

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.

What Are The Charges for a Second DUI 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 DUI charge may face a mandatory 10 days in jail if the second conviction is within 5 years
• A person convicted of a second DUI charge may have their license suspended for five years if the second conviction is within five years
• A person convicted of a second DUI charge 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 crime, 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%

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.

What Are The Charges for a Third DUI in Florida?

• If a person is convicted of a third DUI charge within 10 years, it is a third-degree felony
• If a person is convicted of a third DUI charge, they may face up to 12 months in jail
• If a person is convicted of a third DUI charge, 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 DUI charge may have their license suspended for 10 years if the third conviction is within 10 years
• If a person is convicted of a third DUI charge, 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 DUI charge may have their vehicle impounded for 90 days if the third conviction is within 10 years

Upon a third DUI charge, classified as a felony, the legal system aims to deliver even sterner penalties. This classification underscores the seriousness of continued offenses and aligns with efforts to deter habitual impaired driving. Given the severe implications, exploring all legal avenues with a dedicated defense approach is key in potentially reducing the charges or seeking alternative solutions. A third DUI can shape a person's future, emphasizing the need for robust legal defense.

What Are The Charges for a Fourth DUI in Florida?

• If a person is convicted of a fourth DUI charge, they may face up to five years in jail
• If a person is convicted of a fourth DUI charge, they may have their license suspended for life with no 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.

DUI With Drug Charges 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.

Many people are surprised to learn that prescription drugs or over-the-counter medication can lead to a DUI arrest around Miami, Florida.

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:

• 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 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.

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.

Hence, his ability to maneuver through complex legal procedures stands out, especially in DHSMV hearings where understanding nuanced legal intricacies can significantly impact the results. To ensure you retain your right to drive, understanding the importance of these administrative hearings is crucial. Having a knowledgeable representative familiar with state protocols can give you a strategic advantage in navigating these regulations.

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.

Boating Under the Influence - BUI

Similar to driving under the influence, BUI or boating under the influence is a serious crime. Read more on our BUI page.