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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. Time is limited to protect driving privileges. In addition, a DUI conviction on a person’s record could have consequences including jail time, fines, reputation damage, job loss, and the suspension of driving privileges.

Driving Under the Influence in Miami (DUI) [Florida Statute 316.193]

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.

The DUI attorneys in Miami at Musca Law believe it is important to note 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 serious penalties such as jail time and fines, 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 ten days.
  • A substance abuse course.
  • Community service.
  • 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

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

Boating Under the Influence in Miami

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 in the Miami or in Miami-Dade County, it is imperative that you discuss your case with one of our experienced Miami DUI/BUI attorneys. Call us today at 800.687.2252 to schedule your free case evaluation.

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