DUI Penalties and Charges in Miami, Florida
DUI Penalties and Charges in Miami, Florida
Getting arrested for driving under the influence (DUI) in Miami can lead to serious legal consequences. As a major tourist destination with a vibrant nightlife, Miami sees thousands of DUI arrests each year[1]. Understanding Florida’s DUI laws and potential penalties is crucial for anyone facing drunk driving charges in Miami. This article provides an overview of common DUI penalties, defenses, and Florida laws to know.
Typical DUI Penalties in Miami
The penalties for a DUI conviction in Miami depend on factors like your blood alcohol content (BAC) at the time of arrest and whether you have any prior DUI convictions[2][3].
First DUI Offense
For a first-time DUI offense with a BAC between .08% and .14%, common penalties include[1]:
- Up to 6 months in jail
- Fines from $500-$1000
- License suspension for 6 months to 1 year
- DUI school
- 50 hours of community service
- Vehicle impoundment for 10 days
Harsher penalties apply if your BAC was .15% or above or you had a minor in the vehicle. These can include up to 9 months in jail, fines up to $2000, and ignition interlock device installation[1].
Second DUI Offense
If convicted of a second DUI offense within 5 years of your first, penalties can include[3]:
- Up to 9 months in jail (with 10 days mandatory minimum)
- Fines from $1000-$2000
- License suspension for at least 5 years
- DUI school
- 1 year ignition interlock device
- 30 day vehicle impoundment
Again, penalties are harsher if your BAC was above .15%.
Third DUI Offense
A third DUI conviction within 10 years becomes a felony in Florida. Possible penalties include[4]:
- Up to 5 years in prison
- Fines from $2000-$5000
- License suspension for a minimum of 10 years
- DUI school
- 90 day vehicle impoundment
DUI Causing Injury or Death
More severe penalties apply if your DUI resulted in injury or death to another person. These can include[4]:
- DUI causing injury – Up to 5 years in prison
- DUI manslaughter – Up to 15 years in prison
- DUI manslaughter with failure to render aid – Up to 30 years in prison
These types of DUI offenses are charged as felonies in Florida.
Underage DUI Penalties
Florida has a zero tolerance policy for drivers under 21. Penalties for underage DUI include[5]:
- 6 month license suspension
- DUI education program
- Community service
- Fines
Simply having a BAC of .02% can lead to license suspension for an underage driver.
Avoiding a DUI Conviction
The penalties for a DUI conviction can be life-altering. But there are defenses that an experienced Miami DUI lawyer can use to fight the charges against you. Some examples include[4]:
- Illegal traffic stop
- Failure to read Miranda rights
- Invalid field sobriety or breathalyzer test
- No probable cause for arrest
An attorney may also be able to negotiate reduced charges or diversion programs, especially for first-time offenses. Don’t hesitate to contact a lawyer and explore all your options.
Florida’s Implied Consent Law
Under Florida’s “implied consent” law, anyone arrested for DUI automatically consents to submit to a blood, breath or urine test[5]. Refusing testing can lead to severe penalties like automatic license suspension. However, speaking with a lawyer first is recommended, as the tests themselves can sometimes be challenged in court.
Finding the Right Miami DUI Lawyer
DUI laws can be complex, so finding an experienced attorney is key. Look for lawyers with extensive DUI defense experience in Miami specifically. Be sure to ask about their success record with similar cases. Most offer free consultations, so take advantage to find the best legal representation.
While a DUI arrest may seem overwhelming, an attorney can help put together a strong defense to potentially avoid conviction or minimize penalties. Don’t hesitate to explore all your options and fight the charges against you. The right lawyer can make all the difference.