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Miami DUI Lawyers

1. Fox, Emillia: FAMILY Divorces (contested and uncontested) Parenting Plans and Time Sharing (formerly Custody and visitations) Post Judgement Modifications Relocation STATE CRIMINAL BOND HEARINGS MISDEMEANORS Petit Theft Possession of Controlled Substances Driving Under the Influence Trespassing FELONIES Grand Theft (1st, 2nd, and 3rd degree) Scheme to Defraud Insurance Fraud Drug Trafficking Burglary of Occupied and Unoccupied Dwellings FEDERAL CRIMINAL Misdemeanors and Felonies Paternity Domestic Violence Injunctions Pre-Nuptial Agreements Post-Nuptial Agreements Battery Leaving the Scene of an Accident Loitering and Prowling Any other type of misdemeanor Dealing in Stolen Property Armed and Strong-Armed Robberies Aggravated Battery and/or Assault Attempted First Degree Murder Violation of Probation Any other type of felony
2. Anderson Firm: DUI's, Juvenile Law, all felonies
3. Hoffman & Hoffman: TOP TEN DUI MYTHS 1. The prosecutors initial offer is the Òbest dealÓ I will ever be offered. 2. You can talk yourself out of a DUI. 3. You have an obligation to speak to the officer who pulled you over. 4. You have to consent to a search of your vehicle. 5. You must consent to field sobriety tests in every situation. 6. If your license is suspended for failing to consent to a blood or breath test you have recourse to keep your license. 7. I can not get a DUI if my vehicle is not moving. 8. If I consume a few drinks right before I leave a bar and/or social event I will be able to get home prior to the alcohol entering my blood stream. 9. Being convicted of a 1st DUI is not a big deal. 10. You can represent yourself.
4. Lenamon Law: A DUI is a serious offense that can disrupt oneÕs life, livelihood, and family. A person charged with a DUI faces suspension of their driver license, costly fines, court fees, and even time in jail. The consequences can follow a person for life, including a permanent criminal record and increased automobile insurance premiums. Defending these cases requires a detailed knowledge of DUI laws and police procedures, along with intensive pre-trial motion practice, proper jury selection, and highly skilled cross examination of witnesses. Even when the facts arenÕt favorable, Lenamon Law will work diligently to dismantle the case brought against a client and get their driverÕs license back. Even a first DUI should not be ignored because the penalties increase with subsequent convictions.
5. Cordero, Richardson, and Associates: What Happens at a DUI Stop? A charge of Driving under the Influence or Driving While Intoxicated (DUI/DWI) is a serious offense with potentially devastating consequences depending on what state you live in and the circumstances of the drunk driving incident. All 50 states now have laws making it a crime to drive a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. Some states have also enacted laws making it a more serious crime to drive with a higher BAC (usually .16% or higher), or if the DUI/DWI event caused bodily harm or death. Many states also have a Òzero toleranceÓ law that makes it illegal for minors to drive with any level of alcohol in the blood.When you get stopped: The first thing that usually happens when you get pulled over and a police officer suspects you have been drinking is you will be required to submit to a Field Sobriety Test and/or a BAC test (blood, breath, urine, or a combination). If you refuse the sobriety tests in most states, you will be subject to immediate suspension of your driverÕs license under that stateÕs implied consent laws. Some states give you a choice of which test to take, while others will not. If you are given a choice, urine test have been proven the most unreliable, while blood test are generally the most accurate. Breath tests are also unable to detect the presence of drugs in your system. If you have been found to have a Blood Alcohol Concentration (BAC) over the legal limit, you will most likely be arrested, taken into custody and brought to the police station. At this time, you are usually allowed to call someone to pick you up, or you will have to wait until you are sober to leave. Depending upon your circumstances, your car may be impounded. After you are arrested and charged with DUI/DWI you will be facing the administrative suspension of your license, but you also will have to go to court to face your charges. As in all criminal cases, you have the right to a jury trial, or you may let a judge determine your guilt or innocence. If convicted, the judge will impose your sentencing. Most states have mandatory sentencing guidelines that limit the judgeÕs ability to alter your sentence. In general, if you have had multiple DUIÕs, or you have caused bodily harm or death the penalties are greater. Penalties usually include: fines, suspension or revocation of your driving privileges, mandatory jail time, community service, probation/parole, mandatory DUI classes and/or alcohol counseling, court fees and points on your license. In the case of multiple DUIÕs, or more severe charges (higher BAC-often called extreme DUI, or bodily harm or death), you may be required to install an ignition interlock system at your own expense, and possibly even refrain from drinking alcohol for a certain period of time. Although laws vary from state to state, you may be able to apply for a provisional or hardship driverÕs license that allows you to drive to and from work or counseling. When your suspension period is over, you generally have to pay a fee to have your license reinstated.
6. Kuvin, Lowell: In the state of Florida, law enforcement officers reserve the right to make a traffic stop anytime they have reasonable suspicion a law has been broken. It is usually during these traffic stops that officers detect the smell of alcohol and begin a DUI investigation.Some traffic stops are specifically targeted at suspected DUI drivers. Certain driving behaviors are indicative of intoxication, such as: speeding, swerving, ignoring traffic signs, and/or erratic stopping. When law enforcement officers observe these behaviors on the road, they will most likely make a "DUI traffic stop," and attempt to look for further physical and mental signs of impairment. Law enforcement officers will usually ask possible DUI offenders to consent to a voluntary breath alcohol test and field sobriety tests to determine if the person should be arrested for DUI. If the person is believed to be under the influence, law enforcement will immediately arrest the person, and the criminal process will begin. For example, if a person consents to the breath alcohol test, and his/her test result is 0.08% or higher, he/she will be placed under arrest. Once a person has been arrested for DUI, he/she may feel devastated and without hope. Being arrested is an extremely frightening experience that can alter a personÕs life for years to come. All too often, people are under the assumption that they do not have many legal options after they have been arrested for DUI in Florida. However, this could not be further from the truth. People do have legal options after they have been arrested for DUI, and they are in fact innocent until proven guilty. In order to protect their rights and best interests, people who have been charged with DUI should always do everything possible to obtain the services of a qualified and experienced DUI defense attorney. A DUI defense lawyer can immensely change the outcome of a personÕs case for the better by utilizing reliable resources, looking into all of the personÕs legal options, and providing upstanding representation throughout the entire legal process. Florida DUI Penalties If you have been charged with DUI in Florida, it is imperative that you consult with a professional criminal defense attorney immediately. If convicted of DUI, you can be sentenced with jail time, fines, probation, community service, and mandatory drug/alcohol treatment. Additionally, your vehicle may be impounded and you may lose your Florida driving privileges. With the legal consequences being so adverse, you cannot afford to be without representation from a skilled DUI defense lawyer, like the lawyers at The Law Office of Lowell J. Kuvin. Below is a list of standard legal penalties for 1st, 2nd, 3rd, and 4th DUI offenses: 1st DUI Offense # 0-6 months jail time # $250 - $1,000 in monetary fines # 6 months Ð 1 year driverÕs license suspension # up to 1 year probation # up to 50 hours of community service # DUI school # possible vehicle impoundment # possible vehicle interlock device (dependent upon blood alcohol concentration) 2nd DUI Offense # 10 days Ð 9 months jail time # $500 - $2,000 in monetary fines # approximately 5 years driverÕs license suspension # up to 1 year probation # up to 50 hours of community service # DUI school # possible vehicle impoundment # possible vehicle interlock device (dependent upon blood alcohol concentration) 3rd DUI Offense Ð FELONY + 30 days Ð 5 years jail time + $1,000 - $5,000 in monetary fines + approximately 10 years driverÕs license suspension + up to 5 years probation + up to 50 hours of community service + DUI school + vehicle impoundment + vehicle interlock device 4th Offense Ð FELONY * up to 5 years jail time * $1,000 - $5,000 in monetary fines * permanent driverÕs license suspension * up to 5 years probation * up to 50 hours of community service * DUI school * vehicle impoundment * vehicle interlock device
7. Swartz & Lenamon: Criminal defense law involves the aggressive and dedicated legal representation of individuals who have -- or may be -- charged with committing a state or federal crime. All too often, criminal defense attorneys are asked Òhow can you do defend those people?Ó and the answer is an easy one: because itÕs the right thing to do. Our system of justice is only as good as the legal protections in place to insure that justice is done: that the innocent go free and that the guilty are not punished unfairly or excessively. All too often, institutions like The Innocence Project find that men and women insisting upon their innocence have been deprived of their freedom and their lives for years on end, due to a failure of our justice system to be fair and accurate. All too often, excessive sentences are imposed that are (hopefully) overturned on appeal. It is the goal of every good criminal defense attorney to protect the rights of the individual at every turn and to fight hard to keep injustice from happening. Defending the accused has become the lifeÕs work of both Terry Lenamon and Ken Swartz and they are passionate about it. Criminal Law and Criminal Procedure Criminal law is a collection of state and federal statutes defining actions deemed offensive to our society as a whole, as well as regulating the investigation, apprehension, charging, trial, and punishment of the alleged offender. Members of both state legislatures and the U.S. Congress draft proposed criminal laws, which are then voted into law by the legislative body. Additionally, courts can also decide that certain activities are against the law and define certain things to be crimes, as can municipalities, counties, and other governing bodies. Criminal procedure deals with the process of enforcing criminal laws defining what is considered a crime, as well as the scope of punishment applicable to that crime. The United States sets high standards for protecting the individual citizen throughout the criminal law process. Based upon the United States Constitution, our rules of criminal procedure require each citizen be presumed innocent of the charge; his guilt must be proven beyond a reasonable doubt; and his punishment cannot be cruel and unusual. Felonies Crimes are categorized according to their severity; felonies are the more serious offenses and carry the heavier punishments. Conviction of a felony under state or federal law will entail the loss of many years of freedom behind bars, to life imprisonment and even death. Because felony punishments are so severe, the American system of justice has set up tremendous procedural protections, all of which are founded upon those rights outlined in the U.S. Constitution. For example, the Sixth Amendment requires that felony defendants receive a speedy trial as well as having the assistance of an attorney during the proceedings, and the U.S. Supreme Court has ruled that the Fifth Amendment right to not incriminate oneself requires the proper giving by law enforcement of the well-known ÒMiranda warning.Ó Miranda v. Arizona, 384 U.S. 436 (1966). White Collar Crimes Blackmail / Extortion Bribery Embezzlement Larceny Tax Fraud Racketeering Obstruction of Justice Securities Law Violations Environmental Law Violations Fraud Crimes (Federal and State Violations) Mortgage Fraud Health Fraud Insurance Fraud Bankruptcy Fraud Corporate Liability Federal Program and Contract Fraud Fraud Conspiracy Banking Fraud Wire and Mail Fraud Drug Crimes (Cocaine, Heroin, Marijuana, Meth, Opiates, Prescription Drugs, etc.) Drug Trafficking Sale of Drugs Manufacture Delivery Possession Possession of Drug Paraphernalia Money Laundering Sex Crimes Internet Child Pornography Online Solicitation Threats, Harassment, and/or Stalking Sexual assault Prostitution Child abuse Date Rape Rape Internet Crimes Computer Fraud Internet Fraud Copyright Theft Intellectual Property Theft Software Piracy Credit Card Fraud Identity Theft Telecommunications Fraud Unauthorized Wire Transfers Computer Hacking Unauthorized Network Intrusion Online Gambling Violent Crimes Aggravated Assault Weapons Offenses Robbery Offenses Kidnapping Sexual Battery Homicide / Murder Capital Crimes Ð Death Penalty First Degree Murder Felony Murder Capital Drug Trafficking Capital Sexual Battery Drunk Driving Homicide
8. Nameroff, Neil: * Trial Lawyer * Health Care Fraud Medicare Medicaid Fraud * Mortgage Fraud Real Estate Fraud * Tax Fraud * Securities Fraud * Drug Trafficking Importation/Cultivation Manufacturing * Money Laundering * Extradition * Grand Jury Proceedings --Alien Smuggling--Appeals * Weapons Charges/Robbery Theft/Assault And Batter
9. Seltzer, David: Driving Under the Influence (DUI) Under Florida law, Driving Under the Influence is the operation of a motor vehicle, with a blood-alcohol level of 0.08 or more. Motor vehicle can mean a boat, car, truck, scooter, motorcycle, etc. Something very noteworthy to understand is that the motor vehicle does not even have to be moving, simply operable. Yes, that means you can be charged with a DUI for simply sitting or sleeping in a motor vehicle that is operable. Because drinking and driving is so dangerous, the penalties for doing so are extremely harsh in Florida. The state is serious about curbing injuries and deaths from alcohol-related crashes. The more DUIs/BUIs you receive, the worse the penalties become. A DUI/BUI will remain on your driving record for 75 years.
10. Schulefand, Daniel: aying a fine is an admission of guilt. And the violation will stay on your record for three years. If you have additional violations during that time, the points you receive can increase your insurance rates. You should not pay a fine for a traffic ticket until you have talked with an experienced moving violations lawyer. If a lawyer represents you in court, in almost all cases the fine you pay will be less than you would have paid had you simply paid the fine.
11. Perez, Robert: The outcome of any criminal case depends upon several factors: the facts surrounding the charges, the strength of the evidence, the legal validity of law enforcement and courtroom procedures, and the goals and strategy of the government and defense.
12. Robbins, Tunkey, Ross, Amsel, Raben, & Waxman: You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense. Police officers, under Florida law, are obligated to identify themselves and to advise you that you are under arrest and why, unless circumstances make it impossible for them to do so at that time. You may, in fact, be under arrest even though no one has actually used the word "arrest" or any other comparable word. The fact that you have been deprived of your freedom of movement in some significant manner may amount legally to an arrest. Ordinarily, private citizens do not have power of arrest in Florida; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved.
13. Jorge Calil: Driving under the influence (DUI), driving while intoxicated (DWI), boating under the influence (BUI), and related convictions, can carry serious fines and punishments. These fines and punishments include revocation of your license (loss of license), mandatory alcohol education treatment, increased insurance rates, heavy fines, possible jail time, and a criminal record.
14. McGhee & Associates: Depending on the state, officers are permitted to use a variety of tests to ascertain intoxication. The types of analyses can be grouped into two types - tests that require the suspect to actually do something (also referred to as evidentiary tests), and tests where the suspect is not asked to take any action by an officer (also referred to as preliminary tests). Evidentiary Tests Include: Blood sample Standing on one leg Touching nose Breath testing - blowing into tube Walk a straight line Horizontal gaze nystagmus test (HGN) - officer tests the amount of eye-jerking in the suspect when an object is made visible to him or her Preliminary Tests Include: Smelling of alcohol Unable to stand up straight Unable to walk properly Slurring speech Bloodshot eyes Poor or erratic driving Alcohol-related highway fatality statistics continue to be steady, thus it is likely police officers will continue to employ the above tests in determining intoxication. Additionally, officer testimonyregarding a suspect's intoxication likely carries the same weight as a skilled or expert witness.
15. McKenna & Obront: In order to conduct DUI checkpoints within the limits of the Fourth Amendment, law enforcement officers should operate stops in a manner minimally intrusive on the rights of motorists. Some of the characteristics of a constitutionally permissible DUI sobriety checkpoint might include: Checkpoint locations determined by commanders or first-line supervisors Advance publicity of the checkpoint Warning signs placed along the highway to notify motorists Adequate lighting Ample room to conduct the stop at a safe location Officers in full uniform and readily identifiable
16. Jonathan Meltz: Florida Law allows a person who has plead guilty or no contest to a crime and received a withhold of adjudication to request that the court remove the records from the view of the general public. However, certain crimes are not eligible.
17. Jeffrey Feiler: The life span of a criminal case may be as brief as a few days or remain unresolved for months, even years. Every criminal case has a beginning, middle and end. The possible stages of a criminal case, from start to end are, Police Investigation, Arrest, Bond Hearing, Case Review by the Prosecutor, Arraignment, Discovery, Plea Negotiations, Motions, Hearings, Trial, Dismissal or Sentencing, and Appeals. Not necessarily in that order. Proceedings differ in each Jurisdiction. For Example, a defendant is entitled to take sworn statements of witnesses (known as Depositions) in Florida (State Court Cases). However, depositions are not permitted in Federal Cases nor are they permitted in Colorado or most other states. The attitudes and policies of Prosecutors vary from one County to the next.
18. Levine, Busch, Schnepper & Stein: A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition. A DUI - DWAI conviction in Florida carries with it heavy penalties, including: A permanent criminal record Suspension or loss of license Increased insurance rates Community service Possible jail or prison time Alcohol assessment and treatment Probation Vehicle immobilization or forfeiture Serious fines Possible job loss If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal traffic offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.
19. Dray Cabrera & Zacca: A conviction for drunk driving can have a significant impact on your life including inability to get to work if you lose your driver‚s license. You need an experienced attorney to defend your constitutionally guaranteed rights.
20. Best Weinstein & Associates: "Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
21. Parks & Braxton: The following is a list of some questions that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence. 

    1. Did the officer observe you for a period of 20 minutes prior to taking the breath test?

    2. Did the officer tell you to ‚keep blowing‚ during the breath test?

    3. Did the police officer have his/her radio on during the breath test?

    4. Was the initial stop by the officer unlawful?

    5. Was the arrest by the officer unlawful?

    6. Was the machine properly calibrated?

    7. Were you absorbing alcohol or eliminating alcohol at the time of the stop?

    8. Did you finish drinking just prior to being pulled over?

    9. Is your body‚s partition ratio above or below 2100:1?