DUI/DWI


DUI LAWYER

Miami, Fort Lauderdale, Palm Beach

Driving Under the Influence, also known as DUI, is very common in Miami, Fort Lauderdale, and Palm Beach. Over the years, tens of thousands of people have been arrested throughout Florida for one kind of a DUI offense or another. DUI can be prosecuted as either a felony or misdemeanor, depending on the circumstances. If you have convicted of at least two prior DUI offenses, prosecutors can charge you with a felony DUI.

In lay terms, this is referred to as the repeat offender DUI law.

When a person is accused of a felony DUI for repeat offenses, they are facing up to 5 years in prison per count.

However, if in the course of committing a DUI, you either kill or seriously injure someone, you can also be charged with “DUI Serious Bodily Injury” or “DUI Manslaughter”. Depending on the circumstances, a person charged with either offense can be facing between a maximum of 15 or 30 years in prison per count.

However, do not worry if you are a first time offender. A first offenses DUI that does not involve an allegation of serious bodily injury or death is only a misdemeanor, even if you were in an accident and are accused of causing injuries or property damage. In most cases of this type, first time DUI offenders usually receive probation with a host of very demanding special conditions, such as DUI school, community service, and a driver’s license suspension, among others.

If you are a two-time DUI offender, but are not accused of causing serious bodily injury or death, you will be required to serve a minimum of 10 days in jail if the present DUI charge represents the second or subsequent DUI conviction within a 5 year period. Like a first time offender, your jail sentence would be followed by a mandatory period of probation that includes a number of special conditions like DUI school, a driver license suspension, community service, and others.

That’s the bad news.

The good news is that DUI lawyers have a host of very effective defense tools at their disposal. Keeping in mind that each case is unique, a DUI lawyer may be able to challenge the legality of the traffic stop, police detention, questioning, performance of roadside sobriety exercises, and breath testing.

Just as police are required to enforce the law, they are also required to follow it.

The following sections will discuss Florida’s DUI laws and a number of the defenses available to a DUI lawyer. I will also break down the anatomy of a DUI investigation from traffic stop, to field sobriety exercises, to arrest and breath testing.

If you have been arrested for DUI you should contact my office for a free initial consultation. As a practicing DUI lawyer in Miami, Fort Lauderdale, and Palm Beach I can help you by analyzing your case, identifying potential defenses, and by explaining what your options are.

All client consultations are kept strictly confidential in accordance with the
rules regulating the attorney-client privilege, whether you hire me or not.