Miami DUI Lawyers
- Courtney, Erik:
Felonies
White Collar Crimes
Forfeiture
Fraud
Assault
Aggravated Assault
Murder
Homicide
Rape
Sexual Assault
Sex Crimes
Weapons Offenses
Burglary
Robbery
Theft
Arson
Drug Crimes
Drug Possession
Drug Trafficking
Driving While Intoxicated (DWI)
Juvenile Crimes
Probation Violations
Misdemeanors, and
Other Violations
- Berguiristain, Martin:
Traffic Crimes
DWLS, Driving with a Suspended License, Habitual Traffic Offender, Hit and Run, Leaving the Scene of an Accident, Reckless Driving, DUI, Driving under the Influence, Driving While Intoxicated, Drunk Driving, DUI Homicide, DUI Manslaughter, Vehicular Homicide, Vehicular Manslaughter
- Tamargo Law:
Murder Manslaughter Sexual Battery / Rape Armed Robbery Kidnapping Aggravated Assault Aggravated Battery Burglary False Imprisonment Felony Battery Grand Theft Grand Theft Auto Possession of Cocaine or Heroin Driving Under the Influence (DUI) Driving With a Suspended License Reckless Driving Racing Possession of Marijuana Obstruction of Justice Petty TheftBattery (Domestic Battery or Simple Battery) Possession of Cocaine or Marijuana with the Intent to Distribute
- Markus & Markus:
Criminal Defense Representation
- Falk & Ross:
After a drunk driving accident, your insurance company will make some changes to your plan. First, your rates will increase. If you were convicted of a drunk driving charge then they could rise by quite a bit. Or, your insurance company might just cancel your plan outright. In some states, insurance companies are not allowed to cut off your insurance mid-plan, so check to see if you can finish out your 6 month or 1 year policy.
If they do allow you to keep your insurance you will get a flag on your name as a Òhigh risk driver.Ó However, if they do allow you to keep the policy then they can supply FloridaÕs motor vehicles department with an SR-22 Proof of Insurance Certificate that will state you are insured and your license can be returned to you. Otherwise, your license will remain revoked.
Read about the other effects of being convicted of a Florida DUI.
This isnÕt to say that you will never be insurable again. It is just that the preferred insurance companies likely will not insure you. You will need to find a smaller insurance company or an independent agent who works with a cache of companies.
A Florida DUI conviction will stay on your record for 75 years! In order to avoid the high insurance rates, fines, and stigma that comes with a Florida DUI record, contact a Miami DUI defense attorney before you plead guilty to your charges!
- Catalano, Michael:
DUI cases are the most difficult cases in the criminal area to defend, more so then any other case, a person charged with DUI needs a lawyer immediately after arrest.
- 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.
- 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.
- 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.
- Ferrer Shane:
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.
- 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.
- Jimenez, Antonio:
DUI Defense
DUI offenses are very complex and have serious consequences. Below is an overview of these cases. For a detailed explanation, please visit the Florida DUI and Administrative Suspension Laws section of the Florida Department of Highway Safety and Motor Vehicles (HSMV) website.
In Florida, a person can be charged with driving under the influence if they are in physical control of a motor vehicle while impaired by alcohol or drugs, or operating a motor vehicle with a blood alcohol level (BAL) of 0.08% or higher.
Once the police suspects that a driver is operating under the influence, they may make a DUI traffic stop. Before a police officer can legally make a traffic stop, they must have sufficient cause. If the driver is disobeying traffic laws or displaying erratic driving behaviors, a police officer can make a legitimate traffic stop. However, the officer must be able to articulate a valid reason for stopping you. In other words, mere suspension is not sufficient.
During the traffic stop, the police officer will monitor the driverÕs behavior, and look for further signs of intoxication. If the driver is incoherent, unable to answer questions, or has slurred speech, the police will have reason to believe the driver is under the influence. The driver will then be asked to submit to a voluntary field sobriety tests. By this point, the officer has most likely already made up his/her mind to arrest the driver, regardless of the performance on the tests. Once the driver is arrested and brought to the police station, they will be asked to provide a breath, blood, or urine sample.
DUI Penalties
If you are convicted of DUI in Florida, you face an array of harsh legal penalties. In addition to the penalites listed below, DUI carries a mandaoty adjudication. Meaning you will be convicted of the crime (as opposed to getting a Withold of Adjudication which is not a conviction).
Below is a list of possible penalties for 1st, 2nd, and 3rd DUI convictions, but for a comprehensive list please click here
1st DUI Conviction
* Fines of $250- $500, plus approximately $375 in court costs.
* Up to 6 months in jail.
* Vehicle impoundment up to 10 days.
* DUI school.
* Mandatory community service.
* Required counseling and attendance at MADD functions.
* DriverÕs license suspension of 6 months.
2nd DUI Conviction
* Fines of $500-$1000, plus approximately $375 in court costs.
* If the 2nd offense is within 5 years of the first, mandatory 10 days in jail.
* Up to 12 months in jail.
* DriverÕs license suspension of up to 5 years.
* Vehicle impoundment up to 30 days.
* Multi-Offender DUI school.
* Mandatory community service.
* Required installation of an Ignition Interlock Device.
* Required counseling and attendance at MADD functions.
3rd DUI Conviction
* May be charged as a felony.
* Fines of $1000-$2500, plus court costs.
* If the 3rd offense is within 10 years of the most recent offense, mandatory jail time of 30 days.
* If charged as a felony, up to 5 years in state prison.
* DriverÕs license suspension of 10 years.
* Vehicle impoundment up to 90 days.
* Multi-Offender DUI school.
* Mandatory community service.
* Required installation of an Ignition Interlock Device.
* Required counseling and attendance at MADD functions.
It is clear that for even a first offense, the penalties are severe. However, it is important to remember that an arrest is NOT a conviction; it is just an accusation. There are many different legal strategies available to fight for you in a DUI case.
- 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.
- 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.
- 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.
- Stewart, Matthew:
If you have been charged with a crime, time is of the essence in obtaining legal counsel.
- 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
- 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.
- DeFabio | Beckham | Solis:
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:
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Turning With a Wide Radius
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Straddling Center of Lane Marker.
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"Appearing to be Drunk"
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Almost Striking Object or Vehicle
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Weaving
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Driving on Other Than Designated Highway
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Swerving
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Speed More Than 10 mph Below Limit
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Stopping Without Cause in Traffic Lane
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Following Too Closely
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Drifting
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Tires on Center or Lane Marker
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Braking Erratically
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Driving into Opposing or Crossing Traffic
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Signalling Inconsistent with Driving Actions
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Slow Response to Traffic Signals
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Stopping Inappropriately (Other Than in Lane)
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Turning Abruptly or Illegally
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Accelerating or Decelerating Rapidly
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Headlights Off
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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:
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Flushed face
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Red, watery, glassy and/or bloodshot eyes
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Odor of alcohol on breath
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Slurred speech
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Fumbling with wallet trying to get license
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Failure to comprehend the officer's questions
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Staggering when exiting vehicle
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Swaying/instability on feet
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Leaning on car for support
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Combative, argumentative, jovial or other "inappropriate" attitude
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Soiled, rumpled, disorderly clothing
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Stumbling while walking
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Disorientation as to time and place
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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:
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Heel-to-Toe (also referred to as "walk-and-turn")
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One-Leg Stand
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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.
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