DUI Lawyer in Miami, FL

Driving while under the influence is very dangerous, and carries serious criminal charges in Miami, FL. Whether it’s alcohol or another mind altering substance, if you’re caught driving under the influence, you’ll be looking at serious fines, potential jail time, and a cloud of guilt knowing the dangerous situation you’ve created.

But, if you’re found in the situation where you’re facing these charges, the best thing you can do is contact an experienced DUI attorney that will help you lessen the extent of crime and get the best possible outcome for you or your loved one.

Contact the DUI lawyers at Smith & Eulo in Miami, FL if you’ve been caught driving under the influence in Miami.

How Does Florida Define a DUI?

Florida law states that a person is driving under the influence if the person can be described as any of the following:

The person is under the influence of alcohol or any other controlled substance to the extent their faculties are impaired
The person has a BAL (blood alcohol content) of 0.08 or more grams of alcohol per 100 milliliters of blood
The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

The law is straightforward: if you’ve drank enough to hit or exceed a 0.08 level of alcohol in your blood or breath, or your normal faculties are impaired from alcohol or other controlled substances.

More About Blood Alcohol’s Impact on a DUI Charge

Most people confuse how a DUI charge can be warranted in the case of impaired driving. Reaching or exceeding the legal limit of a 0.08 BAL in either the blood or breath is not the only way to get charged with a DUI. This is the point most people miss.

A person can be charged with a DUI without the BAL result. If law enforcement can prove that you’ve consumed enough alcohol or other substances to impair your normal faculties, you may be charged with a DUI.

This term may sound unclear, and that is why it’s tricky.

If your BAL is below 0.05, then you cannot be charged with a DUI. But, if law enforcement finds this impairment to be true, you can still be charged if your BAL is between 0.05 and 0.08 (technically below the legal limit).

This is where some cases can be argued because if your BAL falls in this range and you receive a charge, law enforcement must be able to prove that your normal faculties were impaired – which can be difficult to do.

DUI Manslaughter, Vehicular Homicide, and other DUI Related Charges

We’ve established that driving under the influence of drugs or alcohol is a crime by itself. If you cause damage to other property or persons while under the influence, the DUI charge can turn into other, bigger charges like DUI manslaughter, vehicular homicide, or reckless driving.

If you’re in an accident while intoxicated, and the DUI accident results in property damage, the charge is a first degree misdemeanor. This gets elevated to a second degree felony if injuries to others bodies occur from the accident. If the accident results in the death of another, the crime is charged as a second degree felony, and if you flee the DUI crash when someone is injured and dies, the charge is filed as a felony in the first degree.

The state of Florida takes DUI related crimes seriously as serious injury or death may occur as a result of driving under the influence.

In order to properly defend your case, get in touch with a good DUI lawyer in Miami.

Driving Under the Influence While Underage

If you’re under the legal drinking age of 21, and are caught driving intoxicated, all it takes is a BAL of 0.02 or higher to be charged with a DUI. The consequences get worse if the BAL of the minor reaches or exceeds 0.05.

If the minor is under 16 years of age, doesn’t have a license, and is caught drinking and driving, the punishment will be delayed until they’re older, thus making it harder for them to receive their driver’s license.

Implied Consent and DUIs

Being pulled over while under the influence can be a scary experience. You may have many thoughts flooding your mind, and you may be thinking of ways to improve your situation.

But, refusing to give “implied consent” complicates the matter. Refusing to give implied consent means you are refusing to submit to have your blood or breath tested for alcohol at law enforcement’s request. Failing to give this consent will result in a $1,000 fine, and will disqualify you from the state’s diversion program which is in place to help rehabilitate you, and can possibly reduce the punishment of the crime.

This is important to consider when you’re in the moment. You may think refusing to consent will prevent law enforcement from charging you with a DUI, but this is not always the case, and can lead to other serious implications. When in doubt, contact a DUI attorney to help navigate your case.

DUI Charges & Punishments

Punishments for DUI charges in Florida can be severe as DUIs are a serious crime. The intense penalties for DUIs are means to prevent people from behaving this way in the future.

Florida law also takes into account the human condition, and the fact that we make mistakes. This is reflected in the way that DUI punishments are structured. If it’s your first offense, your punishment won’t be nearly as severe as your second or third offense. See our overview of DUI penalties in Florida below:

First Offense DUI

For a person facing their first DUI offense, they can expect:

A fine ranging from $500 to $1,000. This can go up to $1,000 – $2,000 if your BAL was at .15 or higher or if a minor was present.
Up to 6 months in jail. This can increase to 9 months if your BAL was .15 or higher or if a minor was in the car
Suspension of license of 180 days to 1 year
Potential required installation of IID (ignition interlock device) that prevents your car from starting without first proving your sobriety. This is mandatory at .15 or higher BAL or if a minor was present. If an IID is required, this will come at the expense of the driver.

Punishments for a DUI can vary, but these are all punishments that are possible for a DUI charge. Oftentimes, the court may request alternative sentencing if your record is good or clear. Alternative sentencing can include the Florida DUI Diversion Program which requires community service as opposed to jail time.

Second Offense DUI

If you’ve been charged with a DUI once before, you can expect more severe penalties for your second offense. Punishments may include:

A fine from $1,000 to $2,000. This increases to $2,000 to $4,000 when BAL is at .15 or higher or if a minor was present.
Up to 9 months of jail time. This goes up to 12 months if BAL is .15 or higher or if a minor was present. If the second offense is within 5 years of the first, 10 days in jail is mandatory.
Suspension of license of 5 years if the offense occurred within 5 years of the first offense.
Mandatory installation of an IID for one year. This comes at the expense of the driver.

Third Offense DUI

If you’ve been convicted of 2 DUI charges in the past, you can expect the third offense’s punishments to be even more severe as the court is trying to make an example and teach you a lesson so that you don’t commit any more DUI crimes in the future.

Here’s what you can expect for your third DUI offense:

A fine of $2,000 – $4,000. This goes up to a minimum of $4,000 if the BAL was .15 of or higher or if a minor was in the car.
Up to 12 months in jail. This goes up to a maximum of 5 years for 4 or more offenses.
License suspension of 10 years. This will be a permanent suspension for 4 or more offenses.
Mandatory IID for up to 2 years.

Punishments for DUI Manslaughter and Vehicular Manslaughter Charges

If your intoxicated driving results in property damage or damage or harm to another individual, you may face other charges mentioned previously.

If your DUI results in property damage, you can expect a first degree misdemeanor charge and maximum find of $1,000 and up to a year in prison. If serious injuries occur, the charge will increase to a third degree felony, maximum fine of $5,000, and up to 5 years in jail.

If a person dies as a result of your DUI accident, you will be charged with vehicular manslaughter which comes with a second degree felony, fines up to $10,000, and up to 15 years in prison.

And, if you flee the scene of the crime where someone was injured and they end up dying, you will face a first degree felony, may be fined up to $10,000, and face a 30 year prison sentence.

These are all charges that will be added in addition to your original DUI charge.

Underage DUI Charges

If you’re underage and facing DUI charges, your punishment will be different than above. Your license will be automatically suspended for 6 months. If your BAL was above .05, you will face a mandatory substance abuse program, as well as other consequences that may come down from the court’s discretion.

DUI Lawyers Are Here to Defend You

We’ve established that Florida takes DUIs seriously. But, we also mentioned that there is some room for negotiation given the variability and context to each different DUI case. Because of this, hiring a lawyer to defend your DUI case can change the outcome of your case as a good DUI attorney will know how to defend you properly.

An example of this is negotiating charges and penalties down, resulting in attending the DUI Diversion Program which is a substitute for jail time.

If the details of your DUI case aren’t firm, some points of your case may be disputed or plead down like BAL level or the impairment of your normal capacities. These are just a couple of things a good DUI attorney will look at when defending your DUI case in Miami.

Contact our experienced team of legal experts at Smith & Eulo to help defend you in your DUI case. Our office in Miami, FL is standing by ready to help.

DUI Lawyer in Miami, FL