Miami DUI attorney
When facing driving under the influence (DUI) or a related charge in Miami, you will probably find yourself facing a number of problems and obligations as well. Hiring a Miami DUI attorney is one of the best ways to understand your responsibilities after the arrest. Although you may be certain that your blood alcohol concentration (BAC) test says it all, that’s not always the case.
A Miami DUI attorney from Gallardo Law Firm would be very helpful if you are facing dui charges. In the state of Florida, driving laws are very strict and forbid operating any type of motor vehicle with a BCA of 0.08 percent or higher. Furthermore, when you drive and drink you risk your freedom and finances.
Definition of driving under the influence or DUI
Driving under the influence, known by its acronym DUI, it is a felony case under the Florida Law, and the enforcement officers can prove that a person is operating under the influence of alcohol and/or drug by administering a Field Sobriety Test.
The officer will take a look at your eyes for redness or any other sign of alcohol use. Then, he will perform a simple mental test by questioning to identify your state of coordination. A physical test is also administered; if you fail it you may be asked to submit a breath exam. In case you refuse to comply, your driver privileges will be suspended for a year even when you are not guilty of DUI.
Fighting a DUI case with a Miami DUI attorney
The city of Miami can sometimes be the perfect place for visiting and partying but this can have serious consequences as well. If you ever find yourself charged with driving under the influence in of alcohol South Florida you certainly need the assistance of a DUI defense lawyer. A Miami DUI attorney from Gallardo Law Firm can fight your charges from any angle. They will study the case in detail to settle your case or build a defense to take your case to trial.
Breathalyzers are not 100 percent accurate, which could mean you were really driving under the legal limit. A DUI lawyer can prove that the results of your exam were not correct and avoid penalties and consequences associated with DUI Miami. Hiring a DUI defense attorney is indeed the best decision you will ever make in your defense, as the attorneys have the experience and knowledge to help fight for your rights and best outcome in your case.
DUI - Felony or misdemeanor?
A misdemeanor is a criminal offense for which the offender can be sentenced to jail for about a year. Depending on the severity, states categorize misdemeanors into classes. This will help decide the length of jail time and whether or not it will be imposed on the offender. In many states they only impose a short jail time or community service when it’s a first offense. The sentence may include a fine, probation, DUI school, and license suspension.
Some DUI offenses can be considered a felony the first time around. These are incidents that will include:
- When a serious bodily injury or disfigurement occur.
- When a fatality occurred.
- The BCA was over a certain level.
- There were previous DUI convictions or was below a certain age.
- The offender was driving on revoked, suspended, or restricted license.
All states will not upgrade from misdemeanor to felony under these circumstances. It all depends on the state where everything happened.
How to fight dui charges? Possible DUI defenses
A DUI is serious charge, which can lead to severe consequences. Avoiding driving under the influence is always the best solution, but things still happen and people get arrested for driving intoxicated. It’s a good thing educating yourself about how to fight a DUI. Two common ways to fight a DUI are either by proving you were not operating a vehicle at the time, or you were not drunk.
Some less effective methods can be used as well:
- Proving you were not driving at the time: This can be quite difficult to prove except if you could prove you were sitting in the car. Some states may require that car is actually turned on.
- Proving the officer made a mistake: When officers don’t follow proper legal procedures or they had no legal justification for the arrest, your intoxication can be ruled as “inadmissible.”
- Challenging the officer’s credibility : Some people may try to challenge the officer’s credibility or evidence collected.
DUI Laws in Florida: Penalties and Consequences
According to the Department of Motor Vehicle (DMV) records indicate that the number of DUI convictions has increased dramatically during the past years. The penalties in Florida can be very severe. Sanctions may vary depending on the nature of the offense, and more severe penalties can be applied if the level of breath alcohol exceeds 0.15:
- If you drink and drive, the auto insurance rates will be much higher than normal, you will have to pay heavy fines, loose your Florida driver's license and even have time in jail. A conviction will stay on your driving record for 75 years.
- Florida law in regards to drivers under 21 has Zero Tolerance. If a driver is stopped by a law enforcement officer and has a blood alcohol concentration of .02 or higher will automatically have the driver license suspended for six months. The idea is not to drink and drive.
- The law also orders that an operator convicted of DUI have an Ignition Interlock device installed in the vehicle for a certain period of time depending on the circumstances of the DUI.
- DUI first conviction Florida penalties may go from a fine of $ 500 to $2000, fifty hours of community service, probation, and imprisonment to license revocation of a minimum of 180 days to a maximum of one year.
- The second conviction occurring within 5 years requires a minimum of 5 years license revocation.
- Additional DUI conviction penalties for second, third or fourth offenders are much more severe. The third conviction occurring within 10 years of the second conviction requires a minimum of 10 years of license revocation. The offender may be eligible for a hardship reinstatement after two years.
- The third conviction occurring within 10 years of the second conviction requires a minimum of 10 years of license revocation. The offender may be eligible for a hardship reinstatement after two years.
- There will be an obligatory permanent license revocation in case of Manslaughter. The offender may be eligible for hardship reinstatement after 5 years if there are no previous DUI related convictions.
- Conclusively, manslaughter, DUI Bodily Injury, or Vehicular Homicide Convictions carries a minimum of 3 year license revocation. DUI Bodily Injury and previous DUI convictions may be eligible hardship reinstatement.
DUI without breathalyzer or blood test
In Florida, if you deny submitting for either a breath, blood or urine test, when being arrested for DUI, you are entitled to do so. However, refusing will not help you much; you will lose your driving privileges for one year for your first refusal. This refusal will count as a misdemeanor.
Refusing the mandatory DUI test does not guarantee that you will not be convicted; the prosecution can take advantage of your refusal by arguing that you knew you were under the influence and guilty of DUI. Conviction for a DUI has serious consequences, particularly in the event of an accident involving injury.
What can a DUI attorney Miami do for you?
Driving under the influence of alcohol and drugs is a very complicated process that can lead to jail sentence and the criminal record stay in for long. A DUI attorney can go to court with you, file the right motions, pleas, and any other required paperwork. You will be advised on the best course of action to take. Having a DUI attorney who knows the court system, someone who is familiar with your case, can help you get the best possible result.
How much is a Miami DUI attorney?
When looking to hire a DUI attorney you should pay close attention to his or her level of education, experience, and reputation. Lawyers who specialize in this particular area of law are more likely to be successful at handling your case, and understand the complex issues associated with it. For instance, attorneys in your geographic area will eventually have a solid reputation among prosecutors and judges. Although these types of lawyers may be a little more expensive, it’s a good investment that will yield best results. Most DUI attorneys will require a down payment in order to work on a criminal case. It’s generally about 15-50% of the total cost. Generally, you have the convenience of paying this fee within a few weeks or months. Federal cases will require a substantial amount of fee up front. Most cases will have costs associated with a criminal defense case: transcripts, witness fees, copies of records, process servers, depositions, etc. These costs are not part of the legal fee and they are billed to the client.
Choose Gallardo law Firm for representing you
At Gallardo Law Firm, you can find confidence and integrity. Our lawyers fight in every court to defend the rights of the clients to obtain the desired results. A DUI defense attorney at Gallardo Law Firm can represent you in criminal cases that include drug and DUI charges. An attorney can help you with getting out of a dui charge.
Gallardo Law Firm has legal advice online to answer any questions that you may have. The criminal defense attorneys at Gallardo office truly care for their clients and help people facing charges of driving under the influence of drugs and alcohol.