Miami DUI Attorneys

Our Team Knows How to Fight Drunk Driving Charges in Florida

DUIs are serious matters in Florida. Even for a first conviction, you could be exposed to incarceration and/or fines. If you commit subsequent violations or aggravating factors were present during the offense, the penalties you face increase substantially. Additionally, you may also be subject to a driver's license suspension. The loss of your driving privileges can create various hardships, as you may be unable to take care of your daily tasks. Because the consequences of a driving under the influence conviction in Florida are so great, it is crucial that you aggressively fight your charge with the help of seasoned criminal defense attorneys.

At Jeffrey S. Weiner, P.A., our Miami DUI lawyers  have 50+ years of combined legal experience and a solid understanding of the law. Our founding partner, Jeff Weiner, is not only a skilled lawyer, but he also holds seminars and classes for other criminal defense attorneys around the world. He has a wealth of legal insight and can provide the guidance you need to challenge the drunk driving accusation against you. Our criminal defense lawyers know the Florida court system and the tactics the prosecution uses to attempt to prove guilt beyond a reasonable doubt, which is why we develop innovative strategies for our clients.

Discuss your case during a free consultation with an experienced Miami DUI lawyer by calling us at (305) 985-6640 or contacting us online today.

What Is Florida's DUI Law?

Florida Statutes § 316.193 enumerates the elements of driving under the influence. It provides that a person commits the offense when the person drives or is in physical control of a motor vehicle on Florida roads while under the influence of alcohol and/or drugs or with a blood-alcohol level of .08 or higher.

A person is considered under the influence of alcohol and/or drugs if the person’s normal faculties are impaired to the point that the person cannot safely operate the vehicle.

Impairment of normal faculties includes, but is not limited to, the inability to:

• See clearly,
• Hear well,
• Walk properly,
• Judge distances, or
• Perform normally any other mental or physical acts.

Is DUI a Felony in Florida?

For the most part, the first two drunk driving offenses in Florida are misdemeanors. The crime becomes a felony upon a person's third or subsequent violation.

However, under certain circumstances, a first or second DUI (or any violation) may be a felony. These include:

• DUI causing serious bodily injury to another.
• DUI causing death to another.

Whether you have been charged with a misdemeanor or felony drunk driving offense, you need aggressive legal representation. At Jeffrey S. Weiner, P.A., our experienced Miami DUI attorneys are knowledgeable and ready to provide the legal representation you need. Call our office today.

What Are the Penalties for a DUI in Florida?

The penalties for a Florida DUI depend on whether any aggravating factors were present at the time of the offense. Aggravating factors may include things such as having prior violations, high BAC levels, a minor in the vehicle at the time of the offense or causing an accident resulting in damage, serious bodily injury or death.

Below are the potential punishments a court can impose upon a DUI conviction:

First Violation

• Between $500 and $1,000 in fines
• Up to 6 months of incarceration
• If BAC was .15 or higher or a minor was in the vehicle: 
  • Between $1,000 and $2,000 in fines
  • Up to 9 months of incarceration
• 10 days of vehicle impoundment
• Between 180 days and 1 year driver's license revocation

Second Violation

• Between $1,000 and $2,000 in fines
• Up to 9 months of incarceration
• If BAC was .15 or higher or a minor was in the vehicle:
  • Between $2,000 and $4,000 in fines
  • Up to 12 months of incarceration
• If the offense occurred within 5 years of a prior conviction: 
  • Mandatory minimum of 10 days of incarceration
  • 30 days of vehicle impoundment
  • Minimum of 5 years of driver's license revocation

Third Violation

• Between $2,000 and $5,000 in fines
• If BAC was .15 or higher or a minor was in the vehicle:
  • Not less than $4,000 in fines
• Up to 5 years of imprisonment
• If the offense occurred within 10 years of a prior conviction:
  • Mandatory minimum of 30 days of imprisonment
  • 90 days of vehicle impoundment
  • Minimum of 10 years of driver's license revocation

Fourth or Subsequent Violation

• Between $2,000 and $5,000 in fines
• Up to 5 years of imprisonment
• Mandatory permanent driver's license revocation

DUI Involving Property Damage or Bodily Injury

• Up to $1,000 in fines
• Up to 1 year of incarceration

DUI Involving Serious Bodily Injury

• Up to $5,000 in fines
• Up to 5 years of imprisonment

DUI Manslaughter

• Up to $10,000 in fines
• Up to 15 years of imprisonment

DUI Manslaughter – Leaving the Scene

• Up to $10,000 in fines
• Up to 30 years of imprisonment

To fight your charge and seek to avoid or minimize the penalties you face, contact our Miami DUI lawyers. We will review the details of your case and develop a defense tailored for you.

How Can Miami DUI Attorneys Defend Your Case?

There are several defense strategies that Miami DUI lawyers can use to challenge DUI charges in Florida. Some common defenses include:

• Improper Traffic Stop: If the officer did not have reasonable suspicion to stop your vehicle or did not follow proper procedure during the traffic stop, evidence obtained during the stop may be inadmissible in court. If the stop was illegal, your attorney can move to have the charges dismissed.
• Faulty Sobriety Tests: Field sobriety tests are not always accurate, and they can be influenced by factors such as weather conditions, physical limitations, or nervousness. A Miami DUI lawyer can challenge the validity of these tests by questioning the procedures followed and the officer’s interpretation of the results.
• Breathalyzer and Blood Test Issues: Breathalyzer tests and blood tests are commonly used to determine a driver’s BAC, but these tests are not always reliable. There can be issues with calibration, maintenance, or administration of the test. A DUI lawyer can request expert testimony to challenge the accuracy of these tests.
• Medical Conditions or Medications: Certain medical conditions or medications can affect the results of field sobriety tests or breathalyzer tests, leading to inaccurate readings. Your attorney can present evidence that medical issues contributed to the results and may have caused you to appear intoxicated when you were not.
• Lack of Evidence of Impairment: Even if you were arrested for DUI, the prosecution still has to prove beyond a reasonable doubt that you were impaired by alcohol or drugs while driving. Your lawyer can challenge the evidence and argue that there was insufficient proof of impairment.

What to Do After a DUI Arrest in Miami?

If you have been arrested for DUI in Miami, it’s important to take the following steps:

• Stay Calm and Cooperative: During the arrest, remain calm and cooperate with law enforcement officers. Avoid arguing or resisting, as this could lead to additional charges.
• Request a DMV Hearing: If you were arrested for DUI, your license may be automatically suspended. You have 10 days to request a hearing to challenge the suspension. A Miami DUI lawyer can help with this process and work to protect your driving privileges.
• Contact a Miami DUI Lawyer: The most important thing you can do after a DUI arrest is to contact an experienced lawyer. The earlier you secure legal representation, the better your chances of achieving a favorable outcome. Your attorney can begin working on your defense right away and advise you on the next steps.
• Do Not Discuss Your Case: Avoid discussing the details of your case with anyone except your attorney. Anything you say can potentially be used against you in court.

Protect Your Future with Skilled DUI Defense

Being charged with a DUI in Florida can have serious consequences, including fines, license suspension, and even jail time. It's crucial to have a knowledgeable and experienced DUI defense attorney on your side to protect your rights and fight for the best possible outcome.

At Jeffrey S. Weiner, P.A., our team of Miami DUI attorneys has a deep understanding of Florida's DUI laws and extensive experience in defending clients against drunk driving charges. We are committed to providing aggressive and strategic legal representation to help you navigate the complexities of the legal system and minimize the impact of a DUI on your life.

Benefits of hiring our team of experienced Miami DUI lawyers include:

• Thorough investigation and analysis of your case
• Strategic defense strategies tailored to your unique situation
• Expert negotiation with prosecutors to seek reduced charges or penalties
• Strong advocacy in court to fight for your rights and freedom
• Compassionate support and guidance throughout the legal process

Our Experienced Miami DUI Lawyers Can Help

Being charged with a DUI can be overwhelming and scary. At Jeffrey S. Weiner, P.A., we understand this, which is why our team will deliver the honest and comprehensive legal counsel you need. We're here to answer your questions and explain your options.

Schedule a consultation with an experienced Miami DUI lawyer by calling (305) 985-6640 or submitting an online contact form.

Commonly Asked Questions

How much does a DUI lawyer cost in Florida? 

The cost of hiring a DUI lawyer in Florida varies depending on factors such as the complexity of the case, the attorney's experience, and the geographic location. On average, DUI attorneys in Florida charge between $1,000 and $5,000 for a first offense. However, for more complex cases or repeat offenders, the fees may be higher. It's important to discuss fees upfront during the consultation to understand the potential costs.

Is jail time mandatory for 1st DUI in Florida? 

Jail time is not mandatory for a first DUI offense in Florida, but it is a possibility, especially if there are aggravating factors such as a high blood alcohol concentration (BAC) or an accident. For a first-time DUI offense, a judge may impose up to six months in jail, but often, the penalties are limited to fines, license suspension, probation, or mandatory DUI education classes, especially if the driver has no prior criminal history.

What is the 10-day rule for DUI in Florida? 

The "10-day rule" in Florida refers to the requirement that a person arrested for DUI must request an administrative hearing within 10 days of their arrest if they want to contest the automatic suspension of their driver's license. If this request is not made within 10 days, the driver's license will be automatically suspended, typically for a period of 6 months for a first offense.

Can you get a DUI dropped in Florida? 

While it is possible for a DUI charge to be dropped in Florida, it is rare and usually occurs if there is insufficient evidence or issues with the way the DUI stop or tests were conducted. A skilled DUI attorney in Miami may be able to challenge the evidence, such as the legality of the traffic stop, the accuracy of sobriety tests, or the calibration of the breathalyzer, potentially leading to the dismissal of the charge or a reduction to a lesser offense.