Miami DUI Accident Lawyer

Defending in Miami-Dade County

Driving under the influence (DUI) is a serious crime in Florida. When a drunk driver causes an accident, the consequences are even more severe. If you were involved in a DUI accident, you may be wondering what to do next. Whether facing criminal charges or filing a claim for your medical bills and other expenses, we can help.

At the Law Office of Armando J. Hernandez, P.A., we understand the challenges you are facing. Our Miami DUI accident attorney is here to help you navigate the legal process if you are unjustly accused or you are fighting for the justice and fair recovery you are owed. We have extensive experience handling all types of DUI accident cases, and we know what it takes to win.

For a free consultation with our Miami DUI accident attorney, call our firm at (305) 400-0074 or contact us online.

What Is a DUI Accident?

A DUI accident is a car accident that is caused by a driver who is under the influence of drugs or alcohol. In Florida, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It is also illegal to drive while under the influence of drugs, including certain prescription medications.

When a driver is impaired by drugs or alcohol, they are more likely to cause an accident. They may have slower reaction times, impaired judgment, and difficulty focusing on the road. As a result, they may fail to stop in time, drift into another lane, or make other dangerous mistakes that lead to a collision.

Drunk drivers are also more likely to cause serious accidents because they are more likely to engage in reckless driving behaviors. For example, a drunk driver may speed, tailgate, or run a red light. These behaviors can all increase the risk of an accident.

What Are the Consequences of a DUI Accident in Miami?

When a drunk driver causes an accident, they can be held both criminally and civilly liable for the resulting damages. This means that they can face criminal charges and penalties, such as fines, probation, and jail time. They can also be sued by the accident victims and held financially responsible for their damages.

Understanding these consequences can help you navigate the complex situation you might face.

• Serious Injuries: You may suffer from severe injuries that require extensive medical treatment and a long recovery period.
• Property Damage: The accident can cause significant damage to vehicles and other property, adding to the financial burden.
• Loss of Income: You might be unable to work due to your injuries, affecting your financial stability.
• Lawsuits: The drunk driver can be held financially accountable for damages. Victims may sue for medical expenses, lost wages, pain and suffering, and wrongful death.
• Felony Charges: In Florida, a DUI accident is often classified as a felony. Convictions can lead to prison sentences, steep fines and other penalties based on the case specifics.
• Claim Denials: The driver’s insurance company might deny coverage for DUI-related accidents. 

What Defenses Can Be Used In A DUI Accident Case?

Facing a DUI accident charge can be daunting, but various defenses may be available to challenge the accusations and protect your rights. 

Possible defenses for developing a strong strategy may include:

• Challenging the Traffic Stop: If the stop was not legally justified, any evidence gathered as a result may be inadmissible in court.
• Questioning Field Sobriety Tests: Issues such as improper administration of the tests, environmental factors (e.g., poor road conditions), or the officer's subjective interpretation can be used to argue that the tests were not accurately performed or assessed.
• Disputing Breathalyzer or Blood Test Results: Defenses can include questioning the accuracy of the testing device, the qualifications of the technician, or the procedures followed during the test. 
• Arguing Medical Conditions or Medications: Certain medical conditions or medications can mimic the symptoms of intoxication. For instance, conditions such as diabetes or neurological disorders can cause behavior similar to that of impaired driving. 
• Assertive Alibi: Providing a credible alibi that proves you were not present at the accident scene or could not have been driving under the influence at the time can serve as a strong defense. 

Speak with an experienced Miami DUI accidents attorney to craft a winning defense strategy. Call at (305) 400-0074 or contact us online to get started.

How Can a DUI Accident Be Prevented?

Drunk driving accidents are entirely preventable. If you plan on drinking, you should always have a plan to get home safely. This may involve designating a sober driver, calling a taxi or rideshare service, or using public transportation. You should never get behind the wheel if you have been drinking.

If you are hosting a party or event where alcohol will be served, you should also take steps to prevent drunk driving. For example, you may want to collect your guests’ car keys when they arrive and only return them when they are sober. You may also want to provide your guests with a place to stay overnight or help them arrange a safe ride home.

By taking these steps, you can help prevent drunk driving accidents and protect yourself and others on the road.

How The Law Office of Armando J. Hernandez, P.A. Can Help

If you were involved in a DUI accident, you may be wondering how you will pay for your medical bills and other expenses. You may also be wondering how you will hold the drunk driver accountable for their actions. At the Law Office of Armando J. Hernandez, P.A., we can help you fight for the justice and fair recovery you deserve

Our Miami DUI accident attorney can help you file a personal injury lawsuit against the drunk driver and their insurance company. We can help you gather evidence, build your case, and fight for the maximum compensation you are owed. 

On the other hand, if you are facing charges, you have the right to defense. Our lawyers can help you navigate the criminal process and fight to protect your rights, your future, and your freedom.

Call for a Free Consultation

When dealing with a DUI accident, you need an attorney on your side. At the Law Office of Armando J. Hernandez, P.A., we are committed to helping you fight for the justice and fair recovery you are owed. Our Miami DUI accident lawyer can help you navigate the legal process and fight for the best possible outcome in your case.

Call our Miami DUI accident attorney at (305) 400-0074 or contact us online to arrange your complimentary consultation.