Miami DUI Lawyers
150 Years of Combined Miami DUI Defense Practice
Miami DUI lawyers at Musca Law have many defense strategies available to people who have been arrested and charged with Driving Under the Influence of drugs or alcohol in Miami or in Miami-Dade County, Florida. For people charged it may be crucial to contact an experienced Miami DUI Defense Attorney. The time allotted to you to protect your Florida driving privileges is extremely limited. In addition, a DUI conviction on a person’s record could have major lasting consequences including jail time, fines, damage to your reputation, job loss, and the suspension of driving privileges.
Driving Under the Influence in Miami (DUI) [Florida Statute 316.193]
Under Florida state law, DUIs are usually classified as misdemeanor charges. The consequences of being found guilty of DUI, however, are both harsh and sudden, and they will stick with you well into the future. The consequences can and will negatively impact your social, professional, and personal life. That is why you need to hire a qualified Miami drunk driving attorney to protect your rights.
In Miami Florida, the offense of driving under the influence of alcohol and/or drugs is found in Section 316.193 of the Florida Statutes. An individual can be convicted of a DUI offense in Miami if it can be established beyond a reasonable doubt that they were:
- Driving a vehicle; OR,
- In physical control of a vehicle; AND
- Their blood alcohol concentration or BAC was .08 percent or more.
DUI attorneys in Miami at Musca Law believe that it is important to remind you that an individual can also be convicted if they were driving while impaired to some degree due to drugs, alcohol, or both. Moreover, the fact that one can get a DUI in Miami Florida for merely being in physical control of the vehicle means that you do not need actually to be driving. For example, if a person is intoxicated and passed out in their vehicle with the keys in their hand, then it is possible they could be charged with DUI even though they never moved their car.
Miami Driving Under the Influence Attorneys
In Miami, a DUI conviction can mean suffering under some very serious penalties such as jail time and fines, supervised probation and community service, and even a first DUI offense can lead to lasting adverse consequences. Some of the penalties for a first-time DUI offense include:
- Jail time. If your BAC is between .08 and .15, you can face up to six months in jail. If your BAC is .15 percent or more, or if you have a minor in your vehicle at the time of the offense, you can face up to nine months in jail.
- Fines of up to $2,000
- License suspension
- Vehicle impoundment for a minimum of ten days
- A substance abuse course
- Community service
- Supervised probation
- Installation of an Ignition Interlock Device for up to six months
Miami Second-Time DUI Defense Attorneys
If a person is convicted of a second DUI offense in Miami or anywhere in Florida in less than five years, the penalties you face are even harsher than those for a first-time DUI. A second DUI is still considered a misdemeanor, but depending on the circumstances, you might be imprisoned for up to a year, and fines can be up to $2,000. Other penalties might include probation, license suspension, mandatory completion of a substance abuse course, vehicle impoundment, and installation of an Ignition Interlock Device.
Felony DUI Defense Attorneys in Miami, Florida
Successfully fighting charges of driving while intoxicated requires extensive legal knowledge, special skills, and experience in the criminal justice system. Our expertise at Musca Law comes from our representation of thousands of clients that have been charged with DUIs.
An experienced Miami drunk driving attorney in our Florida law offices will evaluate your case and decide if you were unjustly charged. We will use every available means to disprove your case and receive the best possible result in your favor, all while avoiding any extensive suspension of your driving privileges and assisting you in returning your life to normal.
Felony DUI Offenses in Miami Florida
Miami DUI defense attorneys at Musca Law want to be clear, in most instances, a DUI in Miami or other places in Florida is considered a misdemeanor, however, depending on the facts and circumstances of the case, a person could be charged with a felony. Under Florida law, a DUI offense in Miami is typically prosecuted as a felony when:
- The offense is a third DUI offense in less than ten years;
- The DUI offense is a fourth or subsequent DUI;
- Someone was seriously injured as a result of the DUI;
- Someone was killed as a result of the DUI.
Miami Felony DUI Penalties
Some of the penalties one might face when convicted of a felony DUI in Miami can include up to five years in jail and/or fines of up to $5,000. Our Miami lawyers handling DUI cases want people to know it is important to note there is another DUI classification involving DUI manslaughter. This offense is considered a second-degree felony where a conviction can mean up to fifteen years in prison and/or fines of up to $10,000. If a person commits DUI manslaughter and leaves the scene of the accident, the offense is considered a first-degree felony where penalties can include up to thirty years in prison and fines of up to $10,000.
Miami DUI Attorneys
Regardless of whether you have been charged with a first-time DUI offense or it’s your third or fourth, do not hesitate to contact an experienced Miami DUI Defense Lawyer right away in order to protect your legal rights.
(BUI) Boating Under the Influence Defense Attorneys in Miami, Florida
Because boating is such a popular pastime in Miami, it is not surprising that many individuals are charged with Boating Under the Influence or BUI. BUIs in Miami Florida are covered under Section 327.35 of the Florida Statutes. Just like DUIs in Miami, you can be convicted of a BUI if you are found to have operated a vessel while under the influence of or impaired by alcohol and/or drugs. Penalties for a first-time conviction can result in up to six months in jail and fines of up to $1,000. As with DUIs, the penalties increase depending on the facts and circumstances of your case, including whether you have any prior BUI convictions.
Free Case Review with an Experienced Miami DUI Attorney
Our Miami DUI defense law office has extensive experience handling these types of DUI, BUI and criminal cases throughout the state of Florida. Our legal professionals can assist you in protecting both your legal rights and your future. If you or a loved one is facing criminal convictions in the Miami or in Miami-Dade County area, it is imperative that you discuss your case with one of our experienced Miami DUI/BUI attorneys. Call us today at (888) 484-5057 to schedule your free case evaluation.
Implied Consent Laws in Florida
The state of Florida has what is generally known as an “implied consent” law. By legal definition, an implied consent law states that anytime a person chooses to get behind the wheel of a car in Florida, they are looked upon as having given their permission, or implied consent, to submit to a blood-alcohol content test, most frequently in the form of a breathalyzer test, if they are pulled over by law enforcement for a suspected DUI stop. This does not mean, however, that the driver of the vehicle is also obligated to agree to take any field sobriety tests that the police might ask them to take.
In the event that a driver should refuse to relinquish a blood, urine, or breath sample for a blood-alcohol level test, they could very possibly face harsh civil penalties, including an automatic revocation of their Florida driver’s license for as long as one year. If this turns out to be the second time they have declined to submit a blood-alcohol test, then their driver’s license could very well be revoked for as long as a year and a half.
In the event that a driver refuses to take the blood, urine, or breath test, then they will automatically be arrested and will receive a Notice of Suspension. The suspension of their Florida driver’s license will go into effect immediately and, as previously mentioned, their license can be taken away by the state of Florida for as long as one entire year.
A vital piece of information for anyone who has been charged with driving under the influence is that the accused, once arrested, has only a 10 day period after their arrest in which to fight to keep their legal driving privileges. Within that 10-day window, the accused driver has to petition for a formal review hearing with the Division of Highway Safety and Motor Vehicles, where the accused will be able to contest the suspension of their driver’s license with a moderator. A skilled DUI attorney will be able to help you qualify for a 42-day driving permit, allowing you to drive to and from work, and for business purposes, while you are challenging your suspension.
It is important to keep in mind that the suspension of your driver’s license is completely separate from your charges of driving under the influence. The license suspension is a civil penalty, whereas the drunk driving charges are criminal penalties. This means that, in some situations, a person who has been charged with a DUI could realistically bypass a DUI conviction but yet still be subjected to the administrative suspension of their driver’s license.
What Can a Miami DUI Attorney do for You?
There are very serious potential consequences that come along with a DUI conviction in Miami, Florida, some of which are also very long-lasting. You need to make sure that you seek advice from a skilled defense attorney as soon as possible. You might believe that your particular case is impossible to win and that you will be found guilty, especially if a blood or breath analysis test determined that you had a blood-alcohol level that was over the legal limit of 0.08%. Happily, this does not ensure your guilt since there are several ways that a drunk driving defense attorney can help you to get the penalties in your case reduced or even eliminated altogether. Some examples of how our committed defense team can help you to win your DUI case are:
- Examining whether or not you being pulled over and/or arrested was in any way was a violation of your rights or was unlawful;
- Examining any field sobriety test that was administered to look for errors;
- Test any recollections or observations that were made by law enforcement;
- Offer another explanation as to why you appeared to be intoxicated, such as severe hypoglycemia;
- Examine if any errors were made at the forensics testing lab or in the transport to and from causing erroneous results;
- Work with the prosecuting attorney in an effort to get your charges dropped down or enter into a plea bargain for a smaller, less severe punishment; and/or
- Defend you from any unlawful or wrongful charges at trial.
If you know that you are facing charges for driving while intoxicated, or any other criminal traffic violation, it is imperative that you have an experienced attorney representing you in court. An attorney can examine the evidence against you and work to get your charges reduced to reckless driving, or possibly even dismissed. At the Musca Law offices in Miami, we realize that being charged with a DUI is a stressful and frightening experience.
To schedule a free, confidential, no-obligation consultation in the Miami area, please get in touch with our reliable criminal defense attorneys by calling (888) 484-5057 today.