DUI is an offense charged at you if you drive, control, or operate a vehicle while under the influence of alcohol or other drugs. And being accused of this offense can wreak havoc in your daily life.
A DUI conviction can also affect your job, especially if you’re searching for employment. Most employers don’t want to hire someone with a DUI charge on their records. So, if you’re looking for a DUI Defense Lawyer in Miami, Smith & Eulo has the best team with over 20 years of combined experience.
Don’t hesitate to contact us if you or someone you know needs a lawyer with a background in DUI Defenses in Miami. We help you understand the process and get the best possible outcome.
What does it mean when you get charged with a DUI case in Miami, Florida?
No one is immune to bad decisions. And sometimes, those bad decisions can lead to DUI charges. If you find yourself in this situation, it’s essential to know what happens when charged with DUI in Miami, Florida, and what it means for you and your future.
A DUI charge is a serious offense in Florida. Depending on the circumstances, a DUI charge can be a felony or a misdemeanor. You will have a criminal record if convicted of a DUI, leading to jail time, probation, and community service. These can massively impact your life in many negative ways.
Penalties & Fines When Charged with a DUI in Miami, FL
The penalties and fines you face if convicted of DUI in Miami, Florida, will depend on whether it is your first, second, or third offense.
First DUI Offense
For a first DUI offense, you can expect to pay a fine of $500-$1000. You may also be required to complete 50 hours of community service and attend a victim impact panel. The worst case is you get a sentence of up to one year in jail.
Second DUI Offense
For a second DUI offense, the penalties are more severe. The fine increases to $1000-$2000, and you may be required to complete 500 hours of community service and sentenced to up to nine months in jail.
Third DUI Offense (Within 10 Years & More Than 10 Years from the Second Offense)
Like the previous offenses, your fine will increase. It may be between $2000-$5000. Plus, you are under mandatory imprisonment of at least 30 days. And at least 48 hours of confinement must be consecutive.
The fine is still the same for a third conviction more than ten years from the second. But you may still be imprisoned for up to 12 months.
Fourth DUI Offense
The penalties for a fourth DUI offense will not be less than $2000, and imprisonment for up to five years.
What You Need to Do if Charged with a DUI in Miami, Florida
The first thing you should do if accused of a DUI offense is to protect and exercise your rights by looking for a reputable DUI defense attorney in Miami. With a notable and highly skilled DUI lawyer, you might have the chance to avoid a conviction and not have these charges in your records.
Some of the things a Miami DUI defense lawyer can help:
- They will gather evidence in your favor before the trial starts.
- They will present a cohesive case.
- They can negotiate plea bargains.
- They can negotiate a lighter sentence if convicted.
Most Common DUI Defenses
Just because you got charged with a DUI offense in Miami doesn’t mean the case is hopeless. If your DUI attorney is good at their job, they can create a defense that will help prevent a conviction against you. It will also depend on the evidence they gather to support the defense.
The four most common defense cases are as follows:
- Improper Stop by a Police Officer: The police officer charging you with a DUI should have enough probable cause or reasonable suspicion before asking you to pull over. Examples may be swerving in and out of the lane or making a wide turn. But if they pulled you over without you doing anything wrong, the officer lacks the justification to make a DUI traffic stop.
- Miranda Doctrine Violations: When placed under arrest, police officers must advise you regarding your rights. It includes your right to remain silent, the right to hire an attorney, and the right to be presented by a court-appointed lawyer if you’re indigent. It’s called your Miranda Rights, and if the officer failed to read it to you, the post-custodial statements would likely be excluded from your case.
- Failure to Administer Proper Field Sobriety Tests: Field Sobriety Tests are performed during a traffic stop. Police officers are also expected to follow protocol when administering them. But if the officer fails to adhere to the procedures, the evidence gathered after FTs can be rendered inadmissible.
- Improper Administration of Blood-Alcohol Test: Once arrested for a DUI charge, the officers must offer a breath test. If the police officers failed to execute the paperwork (consent form) and didn’t properly conduct a 20-minute observation period, your breath test results will not be admissible in court. Therefore, the prosecution will most likely be unsuccessful in advancing.
Your DUI defense lawyer will know what to do and which defenses apply to your case. The evidence they gather can help create a solid defense to help drop the charges against you.
Protect Your Rights by Contacting a Notable DUI Defense Attorney in Miami, FL Now
If you were charged with a DUI offense and know you’re in the right, you must talk to an experienced DUI attorney to help you with your case. With a knowledgeable and professional lawyer, the chances of dropping your case rise if you secure one immediately.
e3437 Here at Smith & Eulo we have a team of expert and highly experienced individuals that have a plethora of experience dealing with DUI cases. Contact us today to schedule a free consultation.
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