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Miami DUI Lawyers

1. Farrell, Wesley: DUI stands for Òdriving under the influenceÓ, and in the state of Florida, a driver may be classified as such if they are found to have either a blood alcohol concentration of .08% or higher, or their normal physical / mental abilities are impaired due to alcohol and/ or drugs. The facts of each DUI are unique, but if you or someone you love is faced with the unfortunate situation of being charged with a DUI it is important you act quickly and make the right decisions in order to ensure the best possible outcome. The best way to protect your rights, freedom, and reputation when facing a DUI is to hire a DUI attorney to help you though the process, and mitigate the damage it can cause. Since each DUI is unique, it will be up to a DUI attorney to look at the specific facts of the case, and identify the best defenses to assert on the clients behalf. In many cases there are weaknesses in the prosecutions case, which when argued properly, can lead to a reduction in charges or dismissal. It is important to remember though that regardless of the facts, time is of the essence. A person charged with DUI only has 10 days from the date of arrest to file for a formal review hearing with the DMV. An attorney will be able to help you to prepare and file the necessary paperwork for this hearing. Depending on the facts, it is possible for the person charged with DUI to have their license returned and have the suspension removed from their record following this hearing. No matter a personÕs situation, they should consider contacting an attorney to discuss the facts of their case.
2. Cabrera & Zacca: Under Florida law, DUI can be proven in one of two ways: (1) proof that an individualÕs normal faculties are impaired; and/or (2) proof that an individualÕs blood alcohol or breath alcohol level was .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. It is important to understand that when a DUI arrest occurs, two separate, but important legal proceedings take place. First, is the criminal case that is prosecuted by the State Attorneys Office. The second legal proceeding is the ÒAdministrative Review HearingÓ in which the Department of Highway Safety and Motor Vehicles attempt to administratively suspend your license while the DUI case is pending. A DUI arrest and conviction can have a significant impact on your life. Unless you file an objection with the Department of Motor Vehicles within 10 days of your arrest, the Department of Motor Vehicles can suspend your license for a period of 6 months for a first offense. If you plead guilty or no contest to your first DUI charge, the minimum penalties can include an additional 6 month driver's license suspension, a DUI criminal conviction and various court costs and fines. For your convenience, we have listed the various types of penalties and suspensions you face as a result of being arrested for DUI.
3. Quinon, Jose: * Fraud o Durable Medical Equipment Fraud o Home Healthcare Fraud o Healthcare Fraud Overview o Mortgage Fraud o Civil Healthcare Fraud o Tax Fraud and Evasion o Mail and Wire Fraud o Securities Fraud o Real Estate Fraud o Insurance Fraud * Kickbacks * Trademark Piracy * Public Corruption * Conspiracy and Rico Racketeering * Money Laundering & Cash Smuggling * Offshore Accounts * Drug Trafficking & Importation * Marijuana Grow Houses Criminal Law Representation in Miami, Florida When so much is at stake, you cannot afford to leave your defense up to chance. You need a lawyer who has experience you can trust and is committed to finding justice for every client.
4. Ferrar & Associates: If you are arrested on a drunk driving charge in Florida, you need to take the charge very seriously and understand the potential consequences against you. A DUI arrest may result in the suspension of your driver's license in addition to stiff fines and potential jail time. For multiple offenses and felony DUI offenses, the penalties and their long-term effects will increase. You Only Have 10 Days to Request an Administrative Hearing It is important to contact an experienced DUI attorney as soon as possible. On the date of the arrest, you will be given a 10-day driving permit. Once the permit has expired, your license will be suspended for up to 6 months on a first offense and up to a year for a second offense. In order to fight this license suspension, you must request a DMV hearing within 10 days of the arrest.
5. Kim, Phillip: If you have been charged with Driving Under the Influence (DUI) in Florida you are facing a confusing and perhaps frightening legal process. The immediate penalties for drunk driving could include loss of driver's license, jail, large fines, loss of auto insurance and, depending on the case, mandatory installation of an ignition interlock device. If you are found guilty of drunk driving in Miami-Dade County, there can be very long-term effects, like a criminal record, reduced employment opportunities and even a travel restriction to some countries. However difficult things may be, it is important to realize that you still have rights. And experienced and qualified Florida DUI lawyers who specialize in drunk driving defense cases in FL can help you with legal options and can make a difference in the outcome of your case.
6. Hersch & Talisman: Q. How will my DUI charge impact my driving? We can help you keep your driver's license. Many people don't realize that they can often keep most of their driving privileges after being charged or convicted of DUI. We attend administrative hearings on your behalf and employ legal motions and strategies to keep you on the road. Q. What kind of driving can I do under a suspended license permit? A suspended license often allows room for driving to work, school, medical and legal appointments, worship services, and meeting other individual and family needs. You can even drive to restaurants if the meal is considered part of your work day. Q. What are the penalties if I am found guilty of DUI? For a first time conviction of .08% BAL, the fine will be $250 - $500, six months probation, DUI school with potential treatment to follow, a mandatory 50 hours of community service, 10 day impoundment of your car, 6 month loss of license and . up to six months of jail.. For a second conviction, the fine starts at $500, 30 day impoundment of your vehicle, Level II DUI school, 26 weeks of treatment, one year ignition interlock and, if the offense is within 5 years of your last DUI, a mandatory 10 days in jail and 5 year revocation of license. If your BAL exceeds .20%, or there was a minor in the vehicle, the fines and penalties for your conviction may be substantially higher. More serious penalties apply for third and fourth convictions and if a person is injured or killed as a result of a drunk driving accident. An automatic suspended license is also part of the penalty Q. How do I know the breath test was accurate? You don't, and you should never assume that the breath test evidence will convict you. We are experienced, Board Certified criminal trial defense attorneys with experience and knowledge necessary to successfully challenge breath test results. Q. The officer didn't read me Miranda warnings; what should I do? Police officers often neglect driver's rights during a DUI stop and arrest. Police misconduct and neglecting your rights may be reason for dismissing or reducing your charges. We thoroughly investigate every aspect of your DUI charge, from probable cause for the stop, through police and prosecutor's questioning techniques at the police station. Put our experience at your side as soon as possible after you have been charged. They have to get through us before they get to you.
7. Gibson, Joseph: Allegations of a violent crime can result in significant penalties, including extensive jail sentences and even the death penalty for felony murder. If you or someone you love has been charged with a violent crime, it is important to speak with an experienced attorney as soon as possible.
8. Rothman, David: Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), drunk driving and drunken driving, operating a car after consuming or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI. However, there is one constant: it can cause serious injuries or death and it is against the law. The following provides answers to some common questions that arise in situations involving DUI/DWI.
9. Padron, Eric: If you have been charged with a DUI in Florida, you face a daunting list of life-changing consequences. You could lose your license. You face steep fines and sky-rocketing insurance rates. You could face probation and even go to jail. With so much at stake it is of the utmost importance that you have an experienced defense attorney on your side.
10. Stewart, Matthew: If you have been charged with a crime, time is of the essence in obtaining legal counsel.
11. Dokovna, Jared: á Animal Cruelty á Battery á Cock Fighting á Criminal Defense á Domestic Violence á Drug Trafficking, Sales or Possession á DUI Ñ driving under the influence of alcohol or drugs á Juvenile Crimes á Murder á Post Conviction Appeals Ñ Rule 3s á Probation Violations á Money Laundering á Public Corruption á Robbery & Burglary á Sex Crimes á Theft á Violent Crimes á Weapons Charges á White Collar Crimes á Grand Theft á Insurance Fraud á Staged Accidents á Investigations á Prostitution á Pre-Indictment Representation
12. Wandner, Jason: The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
13. Marco Quesada:

    Q. What do police officers look for when searching for drunk drivers on the highways?

    The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:

    1. Turning With a Wide Radius

    2. Straddling Center of Lane Marker.

    3. "Appearing to be Drunk"

    4. Almost Striking Object or Vehicle

    5. Weaving

    6. Driving on Other Than Designated Highway

    7. Swerving

    8. Speed More Than 10 mph Below Limit

    9. Stopping Without Cause in Traffic Lane

    10. Following Too Closely

    11. Drifting

    12. Tires on Center or Lane Marker

    13. Braking Erratically

    14. Driving into Opposing or Crossing Traffic

    15. Signalling Inconsistent with Driving Actions

    16. Slow Response to Traffic Signals

    17. Stopping Inappropriately (Other Than in Lane)

    18. Turning Abruptly or Illegally

    19. Accelerating or Decelerating Rapidly

    20. Headlights Off

    21. Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety.

    Q. If I'm stopped by a police officer and he asks me if I've been drinking, what should I say?

    You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication — and it may explain the odor of alcohol on the breath.

    Q. What is the officer looking for during the initial detention at the scene?

    The traditional symptoms of intoxication taught at the police academies are:

    1. Flushed face

    2. Red, watery, glassy and/or bloodshot eyes

    3. Odor of alcohol on breath

    4. Slurred speech

    5. Fumbling with wallet trying to get license

    6. Failure to comprehend the officer's questions

    7. Staggering when exiting vehicle

    8. Swaying/instability on feet

    9. Leaning on car for support

    10. Combative, argumentative, jovial or other "inappropriate" attitude

    11. Soiled, rumpled, disorderly clothing

    12. Stumbling while walking

    13. Disorientation as to time and place

    14. Inability to follow directions

    Q. What should I do if I'm asked to take field sobriety tests?

    There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests.

    Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate.

    Recently, many states have begun following the federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests:

    1. Heel-to-Toe (also referred to as "walk-and-turn")

    2. One-Leg Stand

    3. Horizontal Gaze Nystagmus

    All other field sobriety tests are disapproved. And unlike non-standardized tests, in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively  — that is, a numerical score is assigned according to specific errors, or "clues".

    Q. What about the breathalyzer?  Should I blow into that machine?

    When you receive your Drivers License, you agree to submit to a breathalyzer test, should an Officer believe you are driving while impaired. Refusing the breathalyzer will subject you to an automatic suspension of your license for one year from the date of the refusal. However, within 10 days of your refusal, you can petition for a Review with the Department of Motor Vehicles to attempt to invalidate the suspension of your license. Should your attorney be successful at the Review, you will get back your license.