FAQ: DUI Charges in Miami

FAQ: DUI Charges in Miami

Getting arrested for DUI can be scary. You probably have a lot of questions about what happens next and what consequences you may face. This article will walk you through some frequently asked questions about DUI charges in Miami to help you understand the process and your options.

What are the penalties for a DUI in Miami?

The penalties for a DUI conviction vary depending on your blood alcohol content (BAC) level and whether you have any prior DUI convictions. Here’s an overview of potential penalties:

• First offense (BAC 0.08-0.14%): Up to 6 months in jail, $500-$1000 fine, 180-day to 1-year license suspension, 50 hours community service, 10-day vehicle impoundment, DUI school.
• First offense (BAC 0.15% or higher): Up to 9 months in jail, $1000-$2000 fine, 6-month ignition interlock device, license suspension, DUI school, 50 hours community service, 10-day vehicle impoundment. Penalties are more severe if you had a minor in the car.
• Second offense (BAC 0.08-0.14%): Up to 9 months in jail with 10 days mandatory if previous offense was within 5 years, $1000-$2000 fine, 5-year license suspension if previous offense was within 5 years, DUI school, 1-year ignition interlock device, 30-day vehicle impoundment if previous offense was within 5 years.
• Second offense (BAC 0.15% or higher): Up to 12 months in jail with 10 days mandatory if previous offense was within 5 years, $2000-$4000 fine, 2-year ignition interlock device, 5-year license suspension if previous offense was within 5 years, DUI school, 30-day vehicle impoundment if previous offense was within 5 years. Again, penalties are harsher if you had a minor in the car.
• Third offense: Considered a third degree felony if within 10 years of last offense. Jail time ranges from 30 days to 12 months with 30 days mandatory if previous offense was within 10 years. Fines range from $2000-$4000, with a $4000 minimum if you had a minor in the car or BAC over 0.15. License suspended for 10 years if offense was within 10 years of last offense.

As you can see, penalties get progressively more severe with each offense. A DUI conviction can really impact your life, so fighting the charges is critical.

What if I’m under 21?

Florida has a zero tolerance policy for underage DUI. If you’re under 21 and caught driving with any amount of alcohol in your system (0.02 BAC or higher), your license will automatically be suspended for 6 months.

The penalties for underage DUI are otherwise similar to adult DUI penalties. However, you may face additional consequences like having your vehicle impounded for 30 days if you’re convicted.

Do I need a lawyer for a DUI?

Yes, you should absolutely hire a DUI defense attorney if you’ve been arrested for DUI. A skilled lawyer understands DUI laws and defense strategies that can help get your charges reduced or dismissed.

They can review the details of your case to spot any police errors or lack of evidence against you. For example, they may find the traffic stop was illegal, errors in chemical testing, or reasonable doubt you were actually impaired. This can lead to an acquittal.

A lawyer can also negotiate with prosecutors for plea deals or diversion programs to minimize penalties. Definitely don’t go it alone against the experienced DUI prosecutors in Miami.

What happens after a DUI arrest in Miami?

Here’s a quick rundown of what to expect after being arrested for DUI in Miami:

• You’ll be transported to jail and asked to submit to a chemical BAC test, either a breathalyzer, blood, or urine test. Refusing testing leads to an automatic 1-year license suspension.
• You’ll have your license temporarily suspended and won’t be able to drive until your court date.
• Within a few weeks, you’ll receive a notice to appear in court to face DUI charges.
• At your arraignment, you’ll enter a plea of guilty, not guilty, or no contest. This starts the court process.
• Your lawyer will review evidence like police reports and chemical test results. They’ll build a defense strategy and represent you through pretrial conferences, motions hearings, and possibly a trial.
• If found guilty, you’ll face sentencing based on the DUI penalties outlined above. Probation, community service, fines, jail time, and license suspension are all possibilities.

What are the best defenses against a DUI?

Some of the most common DUI defense strategies include:

• Challenging the traffic stop: If police lacked reasonable suspicion to pull you over, evidence obtained after can be suppressed.
• Disputing chemical BAC tests: These tests have margins of error and can be challenged based on improper procedure, equipment errors, medical conditions, etc.
• Challenging field sobriety exercises: These exercises are subjective. Lack of balance could be caused by factors besides intoxication.
• Argue no probable cause for arrest: If there’s little evidence you were actually impaired, the DUI charges can potentially get dismissed.
• Question eyewitness accounts: Witness observations and police descriptions of your appearance/behavior can be discredited.

An experienced DUI lawyer will evaluate all options to build the strongest defense case for your specific circumstances.

How much does a DUI lawyer cost in Miami?

The cost to hire a DUI attorney in Miami typically ranges from $2,000 to $5,000 on average. However, the exact cost depends on factors like:

• Your lawyer’s experience level and reputation
• The complexity of your case
• How many court appearances and hearings are required
• Whether experts need to be hired to dispute chemical testing
• If your case goes to trial rather than settling

Reputable attorneys offer free case evaluations, so you can discuss costs based on your unique situation. Many also offer payment plans to make legal fees more affordable. The investment is well worth it to avoid harsh DUI penalties and protect your future.

Can I get my license back after a DUI suspension?

Yes, you can get your license reinstated after a DUI suspension, but the process varies based on your exact situation:

• Administrative suspension – For refusing a chemical test, you must wait out the suspension period (typically 1 year) then pay a $45 reinstatement fee.
• Court-ordered suspension – You’ll need to complete DUI school, counseling programs, community service, and/or ignition interlock requirements laid out at your sentencing. You must apply for reinstatement through the Florida DMV and pay a $75 fee once all terms are met.
• Hardship reinstatement – Those facing extreme hardship from loss of license may apply for a restricted hardship license after 30 days. This involves showing proof of enrollment in DUI school.
• Permanent revocation – A permanent license revocation occurs after 4 DUI convictions. You must wait 5 years before applying for a hardship reinstatement with an ignition interlock device.

Consult with your DUI attorney to determine the reinstatement requirements for your situation. They can help you navigate the process.

Can a DUI be expunged from my record?

Under Florida law, DUIs are not eligible for the standard expungement process. However, a DUI can potentially be sealed from your public record after 10 years if you meet certain requirements:

• You completed probation and all court-ordered terms like DUI school.
• You have not been convicted of any other criminal offenses besides the DUI.
• You have not had your license suspended for any reason during that 10-year period.

Sealing a DUI conviction means it won’t show up on most background checks by potential employers, landlords, etc. Only law enforcement and courts can view sealed records. Talk to an attorney to see if you’re eligible.

What if I was arrested for DUI in Miami but don’t live in Florida?

If you received a DUI in Miami but are not a Florida resident, you are still required to appear in court there. You’ll need to work with an attorney licensed in Florida.

Your home state will also likely impose penalties against your driving privileges based on the Florida DUI conviction. Some states have agreements with Florida to share driving records.

So even if your court case is handled in Florida, the DUI can still impact your license and insurance rates in your home state. A local attorney can help minimize this.

I got a DUI in Miami. What happens now?

Here are the key next steps if you’ve been arrested for DUI in Miami:

• Hire a Miami DUI defense attorney – Having an experienced lawyer in your corner is critical for navigating the complex DUI process and achieving the most favorable outcome.
• Review police reports – Your attorney will order discovery materials like police reports, chemical test results, dash cam footage, etc. to start building your defense.

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