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Miami DUI Lawyers

1. Brody, OBeidy & Marcellus: Those who are convicted of DUI for a first time can apply for a hardship license in the county they live in before the expiration of their revocation period. It may be required for an individual to complete treatment and/or DUI school before applying. If DUI school or treatment is required, failure to complete these requirements may result in cancellation of your driver license. In addition, it is mandatory to take an examination regardless if the reinstatement is for a hardship license or a full license. There will be a charge of $115 administrative fee and $60 reinstatement fee. Alternatives to jail may include: * Community Service * Electronic Monitoring * Work Furlough * Work Release * Alcohol or Drug Rehabilitation Program * Sober Living House There are many alternatives that can be recommend for sentencing to replace prison. For example, an attorney could recommend a work furlough program. In a work furlough program, a person will be allow to work at their current job but must live in a dormitory style facility. Another alternative sentencing also includes a work release program. In this program, the Florida Probation Department will determine where a person will work but will be allow to go to their home afterwards. Only a lawyer can determine if your DUI case is a good candidate for an alternative sentencing.
2. Ramey, Alexander: DUI is a criminal charge that carries mandatory penalties if you are convicted, including fines, probation, alcohol counseling, community service, the loss of your driver license, the impoundment of your vehicle, and even jail (in some cases). By acting quickly to obtain proper representation from an experienced defense attorney, you may be able to avoid or minimize the impact of a DUI conviction and the resulting penalties. Additionally, the Florida Department of Highway Safety and Motor Vehicles may automatically administratively suspend your license, if you had a breath test result above .08 or refused to take the breath test. It is important that we act within (ten) 10 days of the DUI incident, in order to challenge the suspension of your license at an Administrative License Hearing. If it has been more that ten days since you were arrested for DUI we may be able to help you obtain a hardship license. With a hardship license you will be able to drive to work, school, or church. In our criminal system, whether you think you are guilty or not guilty, you are entitled to fight your charges. Some clients decide to fight their charge and want a jury trial. Other clients do not want to fight their charges, but they want our law firm to negotiate with the government for the best possible plea agreement. Many cases can be resolved without the need for a trial. IGNITION INTERLOCK DEVICES Recently, the Department of Motor Vehicles has begun to require the imposition of an interlock device in the vehicles of those convicted of Driving under the Influence. There is a possibility that this requirement is incorrect. If you were convicted of a DUI between July 1, 2002 and July 1, 2003 AND the Judge did not order the imposition of an interlock device in your car, then the DMV CANNOT impose that requirement. YOU HAVE 30 DAYS FROM THE DATE OF THE DMV LETTER TO FIGHT THE DMV IF THEY IMPOSE THE INTERLOCK WITHOUT A COURT ORDER. 316.1937 Ignition interlock devices, requiring; unlawful acts.-- 1. In addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence in violation of s. 316.193 shall not operate a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device certified by the department as provided in s. 316.1938, and installed in such a manner that the vehicle will not start if the operator's blood alcohol level is in excess of 0.05 percent or as otherwise specified by the court. The court may require the use of an approved ignition interlock device for a period of not less than 6 months, if the person is permitted to operate a motor vehicle, whether or not the privilege to operate a motor vehicle is restricted, as determined by the court. The court, however, shall order placement of an ignition interlock device in those circumstances required by s. 316.193. 2. If the court imposes the use of an ignition interlock device, the court shall: (a) Stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device. (b) Order that the records of the department reflect such requirement. (c) Order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the person. (d) Determine the person's ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. (e) Require proof of installation of the device and periodic reporting to the department for verification of the operation of the device in the person's vehicle. 3. If the court imposes the use of an ignition interlock device on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance to the department within 30 days. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered in the court record, the court shall notify the department. 4. If the court imposes the use of an ignition interlock device on a person whose driving privilege is suspended or revoked for a period of less than 3 years, the department shall require proof of compliance before reinstatement of the person's driving privilege. 5. (a) In addition to any other provision of law, upon conviction of a violation of this section the department shall revoke the person's driving privilege for 1 year from the date of conviction. Upon conviction of a separate violation of this section during the same period of required use of an ignition interlock device, the department shall revoke the person's driving privilege for 5 years from the date of conviction. (b) Any person convicted of a violation of subsection (6) who does not have a driver's license shall, in addition to any other penalty provided by law, pay a fine of not less than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s. 316.3025(4). 6. (a) It is unlawful to tamper with, or to circumvent the operation of, a court-ordered ignition interlock device. (b) It is unlawful for any person whose driving privilege is restricted pursuant to this section to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle. (c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to this section. (d) It is unlawful to knowingly lease or lend a motor vehicle to a person who has had his or her driving privilege restricted as provided in this section, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted under a condition of probation requiring an ignition interlock device shall notify any other person who leases or loans a motor vehicle to him or her of such driving restriction. 7. Notwithstanding the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle. This employment exemption does not apply, however, if the business entity which owns the vehicle is owned or controlled by the person whose driving privilege has been restricted. 8. In addition to the penalties provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
3. Matthew Mazur: Under Florida law, The State can prove a D.U.I. charge in one of two alternative ways: 1) The State can prove that your normal faculties were impaired, or 2) The State can prove that you drove with an unlawful blood alcohol or breath alcohol level of .08 or above. Regardless of the manner in which The State proves a D.U.I., the penalties upon conviction are the same. D.U.I. penalties increase based on the frequency of D.U.I. convictions and the severity of your current D.U.I. offense. Therefore, it is extremely important if faced with a D.U.I. charge that you fight it using every legal defense available. Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree. Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months. Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted. Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses. Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle. Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S. Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S. Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .20 or greater.
4. Hager & Schwartz: Most people do not know that it is not illegal in the state of Florida to drink and drive. It is illegal however to drive while your normal faculties are impaired by the influence of alcohol or drugs. FREQUENTLY ASKED QUESTIONS What Should I do if I'm Arrested? If you are arrested in Florida, any statement, whether oral or written will be considered evidence in court and used against you in the prosecution of your case. If a law enforcement officer offered an inducement to sign a document or make a verbal statement or if the officer threatens or forces you to sign anything, advise your attorney immediately. These strong arm tactics are often used by law enforcement to gather evidence to assist with an investigation. If you do not have an attorney, you may ask to see one immediately. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent. YOU HAVE A CONSTITUTIONAL RIGHT TO REMAIN SILENT, UNDER ANY CIRCUMSTANCE! Can a law enforcement officer detain you without arresting you? A police officer may require you to identify yourself and explain your presence at a particular time, without arresting you if they have reasonable suspicion that you are/were involved in a crime. However, the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location. When are you arrested without a warrant? In Florida, a police officer may make an arrest without a warrant under a variety of circumstances. Among those circumstances are: 1. when the officer knows that a warrant for your arrest has been issued and is still in effect even though the warrant may be held by another police officer; 2. when the arresting officer has good reason to believe that a felony has been or is being committed and that you are the person who has committed or is committing the felony. 3. when a misdemeanor is committed in the presence of the officer. What procedures are usually followed when you are arrested? 1. The officer will take you to a police station. 2. You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury. 3. You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your defense attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury. Miami criminal defense lawyer 4. You also may be required to be fingerprinted and photographed. 5. You will be arraigned at a court session or your attorney will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty, or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation and parole. What are your rights after your arrest? You have a right to know the crime or crimes with which you have been charged. You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon as practicable after you have been brought into the police station. The police have a right to complete their booking procedures before you are allowed to use the telephone. You have the right to be represented by an attorney at all critical stages of your case. Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, it is in your best interest to contact a criminal defense lawyer and weigh your decision carefully. What rights do you have when questioned by the police? 1. You have the right to remain silent. 2. If you choose to say anything, understand that it can and in most cases will be used against you in a court of law. 3. If you decide to answer any questions, you may stop at any time, request an attorney be present and all questioning by the police officer must end. 4. You have a right to consult with an attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions. Do I you need an attorney if I am arrested? If you are arrested for a criminal offense, you absolutely should consult with an attorney! Both misdemeanors and felonies have the potential for jail time, probation or both. Misdemeanors are less serious than felonies, however deserve the same focus and aggressiveness in their defense. Contact a Miami criminal defense lawyer here at our office to discuss your case privately. Can I represent myself if I am arrested? It is essential that you understand the seriousness of the charges, the consequences, and the possible defenses to those charges. It is unlikely that the average person could represent themselves effectively in court against an experienced prosecutor. The prosecutor knows the law better and is experienced in handling these types of matters. If you choose to represent yourself, you are putting yourself at a considerable disadvantage. A criminal arrest can adversely affect the rest of your life. You want to ensure that you are doing everything possible to minimize the consequenses and the long term affects a criminal case will have on your future. What if I have not been arrested, accused or charged with a crime, do I still need an attorney? Be careful! Even though you are not accused or charged with a crime, you may nevertheless be a suspect while law enforcement carries out their investigation. Yes, you should consult with an attorney before making any statements, either verbal or written. What you say, no matter how well intentioned, can be misinterpreted and will be used against you later. What is a Crime? A crime is an act committed by a person against a state or the federal government. Because a wrong is committed against all members of the community, not just the particular victim, the victim does not make the decision to prosecute the accused person. The state or federal government, acting as the people's representative, prosecutes the crime and makes the ultimate decision regarding filing of criminal charges. A crime is punishable by imprisonment, fine, probation, or other penalties. Some of the crimes that our attorneys have extensive experience in defending are: * Possession of Drugs * Trafficking of Drugs * Sale of Drugs * Manufacture of Drugs * Delivery of Drugs * Possession of Drug Paraphernalia * Disorderly Conduct * Disorderly Intoxication * Obstruction of Justice * Resisting Without Violence * Trespass * Driving Under the Influence (DUI) * Boating Under the Influence (BUI) * Reckless Driving * Driver License Offenses * Possession of a Fraudulent or Stolen Driver License * Driving with a Suspended License (DWLS) * Fleeing and Eluding * Grand Theft * Dealing in Stolen Property * Petit Theft * Shoplifting * Indecent Exposure / Lewd and Lascivious Conduct * Probation Violations / Community Control Violations * Seal and Expunge Records * Fraud Offenses * Credit Card Fraud * Insurance Fraud * RICO * Juvenile Cases * Organized Fraud * Stalking / Aggravated Stalking * Assault and Battery / Domestic Violence * Aggravated Battery / Aggravated Assault * Weapons Offenses / Concealed Firearm / Deadly Missile * Forgery and Counterfeiting Offenses * Uttering a Forged Instrument * Check Offenses (Worthless Check) * Burglary of a Dwelling / Conveyance / Structure * Possession of Burglary Tools * Robbery / Armed Robbery * Prostitution Offenses / Soliciting * Battery on a Law Enforcement Officer * Resisting With Violence * Tampering / Witness / Evidence
5. Kenneth Walton: A defendant is guaranteed the right to a public trial under the Sixth Amendment of the United States Constitution. The right to a public trial is also an element of the defendant's due process rights, which rights are guaranteed under the Fourteenth Amendment of the United States Constitution. In addition, states have enacted provisions in their constitutions that guarantee a defendant's right to a public trial. The public also has a right to attend criminal trials under the First Amendment of the United States Constitution.
6. Ernesto de la Fe: A single act of bad judgment will start an otherwise law-abiding citizen on a seemingly endless rollercoaster of expense, wasted time, frustration, limitation on freedom, contempt, and mistreatment.
7. Albert M Quirantes: The Driving Under the Influence (D.U.I.) charge is a criminal traffic offense in Florida.
8. Robert Reiff: D.U.I. is an abbreviation for "Driving Under the Influence."
   A person is guilty of the offense if such person is driving or
   in actual physical control of a vehiclewithin the state and the
   person is under the influence of alcoholic beverages or
   any chemicalor controlled substance set forth under the
   applicable statutes when affected to the extent that his or
   her normal faculties are impaired or when the person has a
   blood alcohol level of 0.08% or higher. "Drunk Driving"
   is a common misnomer for the crime of driving under the
   influence. While all individuals who drive while drunk are
   D.U.I., you do not need to be drunk to be considered under
   the influence.
   
9. Julio Gomez: You must request a formal or informal review of your driver‚s license suspension within 10 days after the date of arrest for D.U.I. or the issuance of the notice of suspension whichever is latter.
10. Joeseph Chambrot: Driving while under the influence of alcohol or a narcotic (controlled substance) is one of the most serious traffic violations you can commit. DUI is considered a misdemeanor traffic crime, or can be classified as a felony. If you are found guilty of driving while under the influence, you are subject to heavy penalties for your first offense. This may include a jail term of up to six months, loss of your drivers license for a minimum of six months, a fine of between $250.00 and $500.00 plus court costs, completion of a substance abuse course, and 50 hours of community service.
11. Alberto Batista: A conviction for Drunk Driving can ruin your career and affect your life forever. If you are not a U.S. Citizen, it could subject you to deportation from the United States. Don't drive drunk. Use a Designated Driver if you are going clubbing or bar-hopping. Call a Taxi Cab. If you got arrested for D.U.I./D.W.I., then make sure your lawyer does not roll over and play dead. The Law protects you from certain procedural errors. Make sure your lawyer knows how to help you. Being pegged as a convicted drunkard is going to hurt your family and your earning ability if you ever plan to work in a company that does background checks.