Miami DUI Defense Attorneys
If you or someone you know was arrested for driving under the influence, it is important you talk to our DUI defense lawyer right away. A DUI arrest can be for driving under the influence of alcohol or drugs. Our Miami criminal defense lawyers serve to protect the rights of those who were arrested for a drunk driving offense in Broward or North Miami Dade County.
If you are pulled over for suspected DUI, the officer may ask you to submit to a breathalyzer test. You have the right to refuse this test, but if you do, you will be assumed guilty and the officer will arrest you. The consequences could stay with you for your lifetime.
The hiring of an attorney to represent you is an important decision that should be made very soon after an arrest. At Brody and OBeidy, P.A., we have the experience you need in defending your rights after you have been charged with a drunk driving offense. Contact our Miami DUI defense lawyers for a consultation.
It is important to note that you can be convicted of a DUI as a misdemeanor or as a felony, depending on if another vehicle was involved and the extent of injuries incurred by others or if someone is a repeat (habitual) offender. Under Florida law, these two separate charges are defined as:
- DUI misdemeanor: any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (which carries with it, fines up to $1,000 or up to 1-year imprisonment)
- DUI felony: Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree
Felony (which can result fines of up to $5,000 fine and/or a maximum of 5 years imprisonment)
- Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.
The potential penalties for your first DUI conviction may include:
- Unless the family of the defendant has no other transportation, a first conviction will result in a vehicle being impounded for 10 days
- A fine of no less than $500, or more than $1,000.
- If the BAL (blood/breath alcohol level) result is .15 or higher or a minor is in the vehicle at the time of the DUI arrest, then the fine will be no less than $1,000, or more than $2,000
- Mandatory 50 hours of community service or, at the discretion of the judge, additional fines of $10 for each hour of community service required
- Points may be assessed to your license
- Minimum 180 days driver's license suspension, maximum of 1 year revocation
- Must complete DUI school before hardship reinstatement. Those convicted who wait out revocation or suspension period before reinstatement need only show proof of enrollment or completion to become re-licensed by the Florida DMV. If someone enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed
- A first conviction for DUI may result in a combination of probation and incarceration of up to a year
- A first conviction may result in no more than 6 months in jail, but if someone is found to have a BAL of .15 or higher or a minor in the vehicle at the time of the DUI arrest, the penalty may increase to a term of not more than 9 months.
- At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward the term of imprisonment the someone is sentenced for
In addition, a DUI conviction will cause your insurance rates to go up. Penalties for subsequent convictions are even more severe, and can include the installation of an ignition interlock device in your car. There are also different penalties that may be imposed if you are under 21 when arrested for DUI, or are operating a vehicle for businesses purposes, or you are operating a commercial vehicle while under the influence.
Recently, in Miami-Dade County, a 'Back on Track' program went into effect for first time DUI offenders. Under this new program, if you qualify, upon successful completion of the program, the DUI charge will be amended to a reckless driving with a withholding of adjudication. This means you would receive no points and would be eligible to have your arrest and criminal records sealed pursuant to chapter 943 of local law. The administrative license suspension, however, will still occur.
Only the state can authorize if you qualify for the program, and you are not eligible if a minor was in the car with you or you caused an accident involving another person or vehicle. There are many other conditions to this program, but our attorneys can help determine if you are eligible and advocate on your behalf for the reduced penalties that are a part of this program, if you do qualify.
Do Not Risk Your Future on One DUI Charge
If you are convicted of a DUI, the charge will stay on your record forever. A conviction can have long-term effects on your life. It may stop you from gaining employment or other benefits. Can you really afford to take this chance?
If you have been charged with DUI, you need experienced legal advice and representation. Our South Florida attorneys have handled countless DUI cases and often are able to get the charges dropped or at least significantly reduced. We will work diligently on your behalf to help you try to clear your name and move on with your life.
Contact a South Florida Drunk Driving Defense Lawyer
You have rights and we will defend them. Contact the drunk driving defense attorneys at the law firm of Brody & OBeidy to schedule a consultation. Or you may call our Miami office at 800-252-5493.
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