If prosecutors charged you with a DUI in Miami, you may feel overwhelmed, scared, and uncertain about what the future holds. A DUI conviction can have serious consequences, including hefty fines, license suspension, and jail time.
Beyond the immediate legal penalties, a DUI charge can impact your employment, reputation, and personal life.
At El-Naffy Law P.A., we understand the gravity of your situation. Our experienced Miami DUI lawyers can provide the support and skilled legal representation you need.
We know everyone makes mistakes, and we aim to ensure that one bad decision doesn’t define your future. Our compassionate approach and deep understanding of Florida DUI law allow us to explore all possible defenses and work tirelessly to protect your rights and future.
Understanding DUI Charges in Miami, Florida
Driving under the influence (DUI) in Miami, Florida is a serious offense. Florida law defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by alcohol, illegal drugs, or even legal prescription medications. The legal limit for drivers younger than 21 is 0.02%, and for commercial drivers, it is 0.04%.
Florida does not differentiate between DUI (driving under the influence) and DWI (driving while intoxicated) as some states do. Any impairment that affects your ability to drive can result in a criminal charge.
Miami DUI Penalties
Florida’s DUI laws are strict and carry significant penalties, even for first-time offenders. The consequences of a DUI conviction can vary based on several factors, including your BAC level, whether you caused an accident, and if there were any minors in the vehicle.
Penalties can include:
- Fines: These can range from $500 to $5,000 depending on the specifics of your case.
- Imprisonment: Jail time can range from six months to several years, particularly for repeat offenders or if the DUI resulted in an accident causing injury.
- License Suspension: Your driver’s license may be suspended for six months to several years.
- Probation: You may be required to complete a probation period, which often includes mandatory DUI school, community service, and substance abuse counseling.
- Ignition Interlock Device: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle.
A DUI charge can also result in administrative penalties from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). These penalties include automatically suspending your driver’s license if you refuse a breath test or your BAC exceeds the legal limit. You have 10 days from the date of your arrest to request a formal review hearing to challenge the suspension.
What to Expect During a Typical DUI Traffic Stop: Know Your Rights
Police can intimidate you when they pull you over for a suspected DUI. Knowing what to expect and understanding your rights during a traffic stop can significantly affect how the situation unfolds.
The Initial Stop
When a police officer suspects you may be driving under the influence, they will signal you to pull over. Maybe they observed erratic driving behavior, such as swerving, speeding, or braking abruptly, or they stopped you for a minor traffic violation and then noticed signs of impairment.
Remain calm and polite. Avoid sudden movements, keep your hands visible, and wait for the officer to approach your vehicle.
Interaction with the Officer
The officer will likely ask you for your driver’s license, registration, and proof of insurance. During this interaction, they will observe your behavior for signs of impairment, such as slurred speech, the smell of alcohol, or bloodshot eyes.
You must provide your driver’s license, registration, and insurance information. However, beyond that, you need not engage in further conversation about your activities, condition, or whereabouts.
You are not required to answer incriminating questions, such as whether you’ve been drinking. Politely inform the officer that you choose to remain silent or that you would like to speak to an attorney before answering any questions.
Unless the officer has probable cause, you can refuse a vehicle search. If the officer requests to search your car, you can respectfully decline unless they have a warrant or probable cause to search without your consent.
Field Sobriety Tests
If the officer suspects that you are under the influence, they may ask you to step out of your vehicle to perform field sobriety tests (FSTs). These tests, such as the walk-and-turn, one-leg stand, or the horizontal gaze nystagmus test, are designed to assess your balance, coordination, and ability to follow instructions.
In Florida, you are not legally required to perform field sobriety tests. These tests are subjective and often used to gather evidence against you. Politely declining the tests may be in your best interest, though this decision could result in your arrest if the officer believes there is other evidence of impairment.
Breath Test
If the officer believes you are impaired, they may ask you to take a breath test to measure your blood alcohol concentration (BAC). In Florida, refusing this test can have serious consequences due to the state’s implied consent law, which means that by driving on Florida roads, you have implicitly agreed to submit to chemical tests if lawfully arrested for DUI.
While you can refuse the breath test, doing so will result in an automatic license suspension (typically one year for a first refusal) and the state may use it against you in court.
However, if you believe that taking the test would provide the state with evidence to convict you, you may refuse it despite these consequences.
Arrest and Aftermath
If the officer believes the evidence supports a DUI charge, they will arrest you and take you to the police station. Upon arrest, the officer must inform you of your Miranda rights, including your right to remain silent and your right to an attorney. If they do not read your rights, the court may not admit your statements.
After your arrest, you have the right to contact an attorney. You should talk to an experienced Miami DUI attorney as soon as possible, as your lawyer can help guide you through the legal process and work to protect your rights.
At the police station, you may be asked to take a more accurate chemical test, such as a blood or urine test, to measure your BAC.
You can request an attorney before deciding whether to submit to the test. However, Florida law does not guarantee that you will have access to an attorney before taking a breath test.
You are entitled to a fair trial where the prosecution must prove your guilt beyond a reasonable doubt. You and your DUI defense lawyer can challenge the evidence, question witnesses, and present a defense in court.
How El-Naffy Law Can Help You with a DUI Charge
At El-Naffy Law, we believe that everyone deserves a strong defense, regardless of the charges they face. Our criminal defense lawyers understand the nuances of Florida DUI law and are committed to exploring every possible avenue to defend you. Here’s how we can help:
Thorough Case Evaluation
We begin by reviewing your case comprehensively, including the circumstances leading up to your arrest, the conduct of the arresting officers, and the evidence against you. Your DUI defense lawyer will look for any procedural errors or violations of your rights that could weaken the prosecution’s case.
Challenging the Evidence
DUI cases often hinge on evidence like breath test results, field sobriety tests, and officer testimony. We scrutinize every piece of evidence for reliability and accuracy. For example, breath test machines must be properly maintained and calibrated; any failure in this regard could result in the evidence being deemed inadmissible.
Negotiating Reduced Charges
In some cases, it may be possible to negotiate with the prosecution to reduce the charges against you. For instance, a DUI charge could decrease to reckless driving, which carries lesser penalties and has a less severe impact on your criminal record.
Defending Your Case in Court
If your case goes to trial, you can trust that our attorneys will vigorously defend you. We will present a compelling argument, cross-examine witnesses, and work to cast doubt on the prosecution’s case.
Our goal is always to secure the best possible outcome for you, whether that means a reduced sentence, a dismissal of charges, or an acquittal.
Take the First Step Toward Protecting Your Future: Call El-Naffy Law
If you’ve been charged with a DUI in Miami, don’t wait to contact an experienced DUI defense lawyer. The sooner you contact El-Naffy Law P.A., the sooner we can build your defense.
We understand that facing a DUI charge is a stressful experience. That’s why we provide ongoing support and communication throughout the entire legal process. We will keep you informed about your case, explain your options, and be there to answer any questions you may have.
We are ready to fight for you and help you move forward with your life. Call El-Naffy Law P.A. today at (305) 456-7576 for a free consultation.
Carolle El-Naffy,
Miami DUI Attorney
75 Valencia Ave • Suite 800 • Coral Gables, FL 33134
Office: (305) 456-7576
We speak English, Spanish & French