Fighting First DUI Offense Charges in Miami
Fighting First DUI Offense Charges in Miami
Getting arrested for DUI in Miami can be scary. The penalties are harsh, even for a first offense. But with the right lawyer on your side, you can fight the charges and potentially avoid a conviction. This article will walk you through some strategies for fighting a first DUI in Miami.
Understand the Charges
The first thing to do after a DUI arrest is understand exactly what you’re being charged with. In Florida, the main drunk driving offense is called Driving Under the Influence (DUI). This charge applies if your blood alcohol content (BAC) is .08% or higher. For drivers under 21, any detectable amount of alcohol can lead to a DUI charge.
In addition to the DUI charge itself, your license will be automatically suspended for 6 months if you refuse a breath test or have a BAC over .08. So fighting the DMV hearing to save your license is often the first battle.
Get an Experienced DUI Lawyer
Trying to navigate the legal system alone after a DUI arrest is extremely difficult. The laws are complex, and the penalties are unforgiving. An experienced DUI defense lawyer knows how to attack the charges at every angle.
Some key benefits of having a lawyer include:
- Reviewing if there was an illegal traffic stop or lack of probable cause
- Challenging the validity of field sobriety and breath tests
- Negotiating with the prosecutor for reduced charges or penalties
- Presenting expert witnesses to fight the charges in court if necessary
A skilled lawyer understands DUI defense and will customize a strategy for your unique case.
Fight the Traffic Stop
The first thing to examine is whether the initial traffic stop was legal. Police need probable cause to pull you over – a traffic violation, failed sobriety test, etc. If the stop was illegal, evidence obtained after that point could be suppressed.
An illegal stop does not automatically dismiss the case, but it puts you in a much stronger position to fight the charges. A lawyer can file motions to suppress evidence from an illegal stop.
Challenge the Breath Test
After a stop, police typically administer roadside sobriety tests and a breath test to measure BAC. But breath test machines have margins of error, and the tests must be administered properly.
An attorney can scrutinize if the machine was calibrated correctly and the test followed proper procedures. If flaws are found, the test results could potentially be excluded from evidence.
Negotiate with the Prosecutor
Rather than outright dismissing a weak case, prosecutors often offer plea deals for reduced charges. For a first DUI, common deals include pleading to reckless driving instead of DUI. This avoids jail time and lessens long-term impacts.
An attorney will negotiate aggressively to get the charges dropped or reduced as much as possible. Any deal must align with your goals in the case.
Take the Case to Trial
If plea negotiations fail and the state won’t drop or reduce the charges, the next step is taking the case to trial. An experienced lawyer will craft a defense strategy to create reasonable doubt in the prosecutor’s case.
This can include challenging the validity of tests, questioning the arresting officer about deviations from protocol, and presenting expert witnesses. The goal is to show the jury that the state has not met its burden of proof for a DUI conviction.
Understand the Costs and Penalties
The costs and penalties for a first DUI conviction in Florida include:
- Up to 6 months in jail
- $500 – $1000 fine
- 50 hours community service
- 6 month license suspension
- DUI school
- Ignition interlock device required
- Increased insurance rates
These penalties can disrupt your life. An experienced DUI lawyer has the best chance of avoiding a conviction and can help minimize the penalties if convicted. Don’t go it alone.
Act Quickly After an Arrest
Time is critical after a DUI arrest. You only have 10 days to request an administrative hearing to try to save your license. This hearing is completely separate from the criminal court process.
An attorney will handle requesting this hearing and fighting the suspension. The sooner you act, the better chance of success.
Consider Your Options Carefully
Fighting DUI charges is complex, and every case is unique. There are no guarantees. An experienced attorney will analyze the arrest details and evidence and explain your options.
Going to trial carries risks if unsuccessful. On the other hand, accepting a plea deal still leads to penalties. Your lawyer will help you make an informed decision.
Don’t Go It Alone
Navigating DUI charges alone, without an experienced lawyer, is extremely difficult. Police and prosecutors have immense power to ruin your life with long-lasting penalties.
The legal system is complex. What you say and do immediately after an arrest can hurt your case. Having an advocate in your corner levels the playing field and gives you the best shot at a positive outcome.