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Miami DUI Lawyers

  1. D'Escoubet Law: Family Law Immigration Bankruptcy Criminal Law Civil Practice
  2. Barakat, Jacobs & Associates: DUI A conviction for Driving Under the Influence can have far reaching detrimental effects. Not only does it carry minimum mandatory penalties such as the scar of a permanent conviction and attendance at alcohol awareness and driving schools, but it requires a driverÕs license suspension of no less than six months. In Miami-Dade County, which has such sparse public transportation, the license suspension alone can cause a person to loose their job and more. Intoxication can be proven by a number of different categories of evidence. A personÕs driving pattern, road-side exercises, the results of a breathalyzer test, statements made to the police and other observations all go into the states case. Much of this evidence can be suppressed if the police fail to follow proper procedures or exercise their authority for improper reasons. However, the case law which discusses DUI and dictates when various aspects of a driving under the influence case can be suppressed is often unpublished or published in less mainstream publications. (1) Minimum Mandatory Penalties for a First DUI * Fines of $250 to $500. If you have a BAC of .20 or higher, or were driving with a minor in the car, your fine will be anywhere from $500 to $1000. * Community service. Mandatory 50 hours, or an additional fine equaling $10 per required hour. * Probation of no more than one year. * Jail time of at least eight hours, but could last up to six months. For BAC of .20 or higher, the sentence could last nine months. * Vehicle impoundment for 10 days (not counted during your incarceration) * Driver license revoked for a six month minimum (2) Road Side Exercises given when an officer suspects * The Walk and Turn * The suspect is directed to stand in position while being given instructions. Then take nine steps forward, touching heel to toe on each step. Rotate 180 degrees while leaving one foot planted and then return another nine steps back. All steps must be one the designated line. * The officer looks for the suspect to: - fail to maintain stance while listening to the instructions - swaying, falling or stepping off the line - taking the wrong number of steps - failing to turn properly * The Finger to Nose * The suspect places his feet together, head back and arms fully extended straight out. The officer then directs the suspect to touch his finger to his nose calling left or right as he chooses. * The officer looks for the suspect to: - sway or fall - fail to touch finger to nose - use the wrong hand * Romberg Balance - The subject stands erect with feet together and eyes closed * The officer looks for the suspect to: - sway or fall - lift their hands - separate their feet * HGN - Horizontal Gaze Nystagmus - HGN is the involuntary jerking of the eyes toward the center. This occurs naturally in all people but becomes more pronounced when some one is unbalanced. One thing that causes a person to become unbalanced is drinking. However, it is not the only thing. - A police officer can observe HGN during a road side exercise where the officer moves a pen or a stylus in front of a persons eyes and asking them to follow it as it moves left to right. A trained officer can determine a persons blood alcohol level by how soon a persons eye starts to jerk back to the center. - If the eye starts jerking sooner than 45 degrees from center, it indicates a blood alcohol level of greater than .05. - Blood alcohol level can be determined by a breathalyzer test or by accurate application of the HGN test. However, results gained from the HGN test are only admissible if there is a breathalyzer test that confirms the HGN tests results. (3) Blood Alcohol Level In Florida, a person in presumed intoxicated if they have a blood alcohol level of .08 or higher. A person is presumed not intoxicated if they have a blood alcohol level of .05 or less. If a person has a blood alcohol level between .05 and .08 it is up to a jury or a judge to determine if the suspect is intoxicated or not. Blood alcohol level can be determined by a breathalyzer test or by accurate application of the HGN test. However, results gained from the HGN test are only admissible if there is a breathalyzer test that confirms the HGN tests results.
  3. Stein, Mark: The penalties for felony driving under the influence (DUI) of alcohol or driving while intoxicated (DWI) vary depending upon the state. Many of the states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. Under these guidelines, the states usually provide a sentencing range for each type of offense and provide aggravating and mitigating circumstances that can be used to increase or decrease the sentence.
  4. Denaro, Joel: Boating Under the Influence (BUI): Boating under influence is similar to driving under influence (DUI), except in a vessel. A BUI is used when the vessel operator has a blood alchohol level (BAC) at or above .08. The 1st offense is incarceration of up to 6 months and punishable up to a $500 fine. If the boater causes serious injury or death while BUI, the operator as committed a felony. Refusal to submit to testing is a crime that is punishable by $500 fine. 1. A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and: 1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired; 2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or 3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. 2(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished: 2. By a fine of: 1. Not less than $250 or more than $500 for a first conviction. 2. Not less than $500 or more than $1,000 for a second conviction; and 3. By imprisonment for: 1. Not more than 6 months for a first conviction. 2. Not more than 9 months for a second conviction.
  5. Pensky & Kim: Driving Under The Influence (DUI) Have you been arrested for Driving Under the Influence (DUI)? DUI is a very serious criminal matter. If you have been arrested for DUI, you need an experienced DUI lawyer to help you defend against the charge. Why hire a DUI attorney? Because hiring a DUI attorney can help you stay out of jail, protect your driver license, and save you hundredsÉ or possibly even thousands of dollarsÉ on probation, fines, court costs, and/or restitution. What should you do immediately following a DUI arrest? What about your driver license? If you blow .08 or higher on the breath machine, your driver license will be suspended immediately for a period of 6 months. And if you refuse to provide a breath, urine, and/or blood test your driver license will be suspended immediately for a period of 12 months for a first refusal and 18 months for a second or subsequent refusal. If you are arrested for DUI and the police take your driver license, you have only 10 days to make a written request for a DMV formal review hearing. This is extremely important to keep in mind because the DMV formal review hearing is an opportunity to get your driver license back as if it were never suspended in the first place. However, you only get your license back if you win your formal review hearing. What defenses are available? DUI defense is a specialized area of criminal law. For this reason, it is extremely important to hire a law firm with extensive DUI experienceÉ not just criminal defense experience. Over the years, our DUI lawyers have handled thousands of DUI cases and therefore know of many ways to attack them. To begin, we conduct a thorough investigation of every DUI case to look for a number of possible legal issues and defenses. The following are some things to consider: o Did the police have probable cause to stop you? o Does the accident report privilege apply? o Did the police conduct the field sobriety tests according to State standards? o Did the police conduct the breath, urine, and/or blood tests according to State standards? o Were you properly advised of the consequences of refusing a breath, urine, and/or blood test? o Did the police advise you of your Miranda rights? o Was the breath machine in compliance with State regulations? What are the consequences of a DUI conviction? The consequences of a DUI conviction are simply too serious to face without quality legal representation. For a 1st DUI conviction, you are facing up to 180 days in jail in addition to fines, court costs, license suspension, probation, substance abuse classes, vehicle impoundment, and other penalties. For a 2nd DUI conviction, you are facing up to 270 days in jail with mandatory jail time. And for a 3rd DUI conviction, you are facing a felony conviction and up to 5 years in state prison.
  6. Kubiliun & Associates: An arrest for driving under the influence in Florida can result in very serious consequences. First time offenders, if convicted, are subject to a series of minimum mandatory sanctions that carry long-term implications. For example, a DUI conviction can result in a mandatory driver's license suspension and a minimum of six months probation. Moreover, after a DUI conviction the Court can impose substantial costs, attributed to probationary fees, mandatory fines, and Court imposed programs.
  7. De La Cabada, Ramon: Do not think of a drunk driving arrest as a simple mistake that you can handle yourself Ñpay your fine, maybe go to traffic court, deal with a short driver's license suspension and then move on with your life. A drunk driving arrest Ñ even on a first offense Ñ can have major consequences if you do not hire an experienced lawyer to defend you and handle the driver's license suspension hearing.
  8. Mayberg, Menachem: Driving Under the Influence (DUI) Driving under the influence is a serious offense that can have adverse consequences on your personal and professional life. The State of Florida imposes strict penalties on drunk drivers which escalate with multiple DUI's. In Florida, Driving Under the Influence means operating a motor vehicle (car, boat, motorcycle, scooter, etc) with a Blood Alcohol Content equal to or greater than 0.08 percent. To be charged, the vehicle need not be in motion. Rather, the vehicle must be operable (this means you are not protected by "sleeping one off" in your car!!) What are the Punishments for a first DUI? * Fines up to $1000 * 50 hours of community service * Jail time, from 8 hours to 6 months * 10 day vehicle impoundment * Possible 1 year probation * 6 month drivers license revocation Subsequent DUI charges escalate these penalties. Police officers can make a DUI arrest no matter what they initially pulled you over for. When an officer pulls you over, he will smell for alcohol and look for signs of drinking (empty alcohol containers, blood shoot eyes, swaying, etc). If the officer even has a slight suspicion he may subject you to roadside tests. What are the roadside tests? * Follow the finger test (testing eye movement) * Tip of the finger to the nose * Stand on one leg - and hold * Walk the line NOTE: In the State of Florida, by exercising the privilege of driving, you automatically consent to these roadside tests. This means if you refuse these roadside tests, you WILL be arrested and your license will be suspended for 6 months. Depending on your performance in the roadside tests, the officer may subject you to additional tests. These might be one (or more) of the following: * Blood Test - The most accurate measure of blood alcohol content. The blood test is used when the officer believes the suspect is under influence of another narcotic, or they are unable to perform the other tests. Additionally, a court may order a blood test if there has been an accident. * Breath Test - The breathalyzer test is the most common alcohol test. The intoxilyzer machine gives a reading of your blood alcohol content informing the officer if you are over the legal limit. * Urine Test - A urine sample can be read to determine if you are in violation of the legal limit. A urine sample is used if the officer suspects you are intoxicated with a narcotic. If you have been charged with DUI; do not hesitate. Contact an experienced defense attorney today.
  9. Abreu Law Firm: Being accused of a crime can be one of the most traumatic experiences of your life. Once accused, there is more at stake than just your personal freedom; your job, family, and personal reputation may all be in jeopardy. Criminal cases are both investigated and prosecuted by one of two general entities: The State government or the Federal government. In a State criminal case, the local police (Miami-Dade) will investigate and the Office of the State Attorney will prosecute the crime. Drug Offences In a Federal case, a federal agency will investigate (DEA, FBI, IRS) and the United States AttorneyÕs office will prosecute the crime. Identifying the alleged crime is the first step in a good defense.
  10. Dunham, Christian: Know Your Rights 1st Amendment to the United States Constitution # the right to freedom of speech # the right to assemble peaceably 4th Amendment to the United States Constitution # the right to be free from unreasonable searches and seizures 5th Amendment to the United States Constitution # the right to remain silent # the right to be free from double jeopardy 6th Amendment to the United States Constitution # the right to counsel # the right to a trial before an impartial jury # the right to a speedy trial 8th Amendment to the United States Constitution # the right to be free from excessive bail # the right to be free from cruel and unusual punishments Do you have a question about how the Constitution protects you? For example Ð Are you wondering why the police didnÕt read you your rights? As long as the police do not question or interrogate you, they do not have to read you your Miranda rights.
  11. Catalano, Michael: You Have 10 Days After a DUI Citation After a DUI/DWI citation, your defense should begin within the next 10 days. Ten days is all the time you have to appeal the automatic driver's license suspension that goes along with any drunk driving arrest. The amount of time the suspension will last depends on the type of DUI charge, but your defense lawyer needs to get involved as soon as possible to appeal the suspension of your driver's license Ñ to get you back on the road as soon as possible.
  12. Garvin, David: This is the question most people ask themselves upon learning that allegations have been made against them. This period of disbelief is usually followed by retaining the services of an attorney. The name of the attorney is often provided by well meaning friends and/or relatives usually with little or no legal background, let alone criminal trial experience. Most business people do not know that many criminal attorneys have never successfully completed a full federal criminal trial and had the jury return NOT GUILTY verdicts as to their client on all counts. Reference books which rate attorneys such as Martindale-Hubbell and the Bar Register of Pre-eminent Lawyers are available to be consulted before a decision is made. It is important to remember that the selection of an attorney is an important decision which should not be made solely based upon an advertisement. Additional information, concerning qualifications, education, and trial experience should be sought and are available upon request.
  13. Rosenbaum Law Office: If you are a foreign national accused of a crime, you need an attorney who is experience in both criminal law and immigration law as well.
  14. Raul Ruiz: Each year that the Florida Legislature convenes, they have toughened the DUI laws. If you are arrested for DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08 or greater, the Department of Motor Vehicles will suspend your driving immediately, and you have only 10 days to request a special hearing called a "Formal Review Hearing." There our firm can fight to regain your license. Failure to do so will result in at least a six month suspension (for blood alcohol test results of .08 or higher on a first DUI) and as much as an eighteen (18) months suspension of your driver's license (for a second refusal to take the test.) If any of the following facts are present in your DUI arrest, the 10 Day Rule applies to you and you must act now. You took the test and your blood alcohol level was .08 or higher. ¥ You refused to take the test. ¥ You tried to take the test, but they said you refused (maybe you couldn't blow hard enough or urinate on cue.) ¥ You were under 21 years old on the day you were arrested, and your result was .02 or higher. ¥ You have a Commercial Driver's License (CDL), and you were in your rig when arrested, and either refused the test or tested at .08 or higher. ¥ You're not sure what your blood level was. Remember ... getting arrested for DUI does not always mean you have to lose your license or pay inflated insurance rates. Call today to find out more about the 10 Day Rule and the Administrative Suspension Process. Don't Talk To The Police-- It's Dangerous to Your Freedom! DUI IS A SERIOUS CRIMINAL OFFENSE. It's not "just traffic." The consequences can include jail or prison, fines, court costs, Driver's License suspension or revocation, expensive schools, community service requirements, vehicle impoundment, ignition interlock devices, insurance increases, loss of employments, and great personal anguish.
  15. Pinkert Law Office: As everyone is aware, drivers found driving under the influence of alcohol or controlled substances are being prosecuted aggressively by state and county authorities.
  16. Justin Ziegler:

    Driving Under the Influence (DUI/DWI) & Traffic Violations

    Even if this is your first offense, the penalties for driving under the influence (DUI) or under the influence of a controlled substance or prescribed medications can be serious. Such penalties include:

    1. License suspension
    2. Fines
    3. Attendance in alcohol prevention programs
    4. Jail time

    You may also be charged with higher insurance premiums for a period of several years.

  17. Donet, McMillan & Trontz: In an age of aggressive prosecutors and the criminalization of what was formerly civil offenses, professionals, business executives and public servants often find themselves accused of criminal acts. Have you been unjustly charged with D.U.I.? If you answer ÒyesÓ to any of the following questions, you have valid defenses to the allegation that you were legally driving drunk or DUI. ... defend your rights! * Did you have very little to drink and refuse provide a breath test? * Did the police fail to advise you of your rights? * Did the police properly advise you of the law regarding performing roadside tests and taking a breath test? * Did you have a cold, condition, illness or injury that causes difficulties in performing physical tests? Did this condition affect your balance? * Did the police have you perform the sobriety tests on a surface that was flat, dry, well-lit, and totally free of debris? * Did the lights of the police car blind you or disorient you when you performed the tests? * Did the police have you attempt the tests on or near the road and passing cars? * Did the police officer properly and clearly give you instructions on how to perform the tests? * Did the police officer physically demonstrate the test before he asked you to perform the test? * Did the officer mistake your exhaustion or lack of sleep for impairment? * Do you have diabetes, hypoglycemia, or any medical condition causes you to appear impaired? * Were you involved in a traffic crash? Did you hit your head on the windshield? * Did you perform well on the roadside tests? Do you have witnesses that can say you were not impaired? * Did the police fail to watch you for 20 minutes before you took your breath test? * Did the officers ask you to remove your removable dental work and rinse your mouth before giving you the breath test? * Were you driving impaired by something other than alcohol or a controlled substance? * Were you driving impaired by drugs and didn't make any admissions or provide a urine sample? * Do you wear glasses or contact lenses?
  18. Yoel Molina:

    All DUI CASES HAVE A DEFENSE!

    But you must choose an attorney with the experience and knowledge so that you can be properly defended! (Please see below!)

    A simple plea or post verdict DUI conviction can have devastating economic effects on you and your family. Your immediate and future financial stake may be compromised.

    Insurance
    A DUI conviction can lead to increases insurance rates for you and everyone else in the home. Your insurance companies may decide to cancel or to not renew your insurance policy. If you have no insurance your license may be suspend and will remain that way until you are able to secure a new insurance policy.

    Suspension
     A conviction for DUI (by plea or after trial) can lead to your license being suspended from anywhere from 6 months to permanently.

    Economic impact
     The conviction of a DUI can lead to the loss of employment, the loss of the ability to earn an income, the time and actual costs of attending court ordered courses, costs of classes and costs of treatment. You will be ordered to pay fines, court costs, probation costs and take time out of your schedule to complete community service hours. And you can only imagine the impact to your familys financial state if you are sentence to jail.

    None of this has to happen if you aggressively defend yourself with the aide of a competent attorney ...!

    Many police officers are poorly trained and use antiquated methods to detect drunk drivers (But this fact is of little value to you unless it is investigated and brought to light.)

    The breath machines can provide false readings and may be improperly maintained and modified. (But the machine reading must be properly challenged and the state must be required to prove that the machine works properly.)

    Officers often time do not follow the proper procedures when investigating DUI suspects. (The officers background and training as well as the case itself must be properly investigated to bring this out.)

    Officers rarely taken into consideration any illnesses, injuries or fatigue the suspect may be suffering. (The proper interview of the client by his attorney can bring out proper information and relevant information that may explain the performance on the roadside exercises.)

    Otherwise innocent facts (watery eyes, flush faced, blush shot eyes, etc) are automatically assigned indications of intoxication when a DUI investigation is commenced. (An experience attorney, like Yoel Molina, can properly explain and attribute these conditions, if applicable to your case, to the appropriate innocent behavior)

    Roadside conditions (traffic, weather, uneven sidewalks, poorly lit areas, police lights that can cause dizziness) are rarely considered in your favor, but your attorney must have the ability and knowledge to evaluate your case and see if these issues apply to your case so that they can be used in your defense.

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