If you live in Miami, driving under the influence (DUI) covers being under the influence of alcohol, chemical substances, or controlled substances. If your blood alcohol level (BAL) is .08 percent or higher or your normal faculties are impaired, you can face conviction. You must reach out a experienced Miami DUI lawyer for legal assistance in your case.
Speak to a DUI Lawyer in Miami
You should always speak to a local criminal defense attorney if you’re arrested for DUI in Miami. They can explain your rights and help you experience a better outcome. Without a lawyer’s help, it can cost you more in both fines and jail time.
The Price of a DUI
In Miami, if you’re convicted for DUI and it’s your first conviction, you’ll have to pay a standard fine of $500 to $1,000. Anyone with a high blood alcohol level (BAL) or had a minor in their vehicle will be responsible for a fine of $1,000 to $2,000.
The fine for a second conviction is $1,000 to $2,000. For an aggravated DUI charge, it is set at $2,000 to $4,000.
A third conviction (within 10 years) leads to a fine of $2,000 to $5,000.
Time Behind Bars
If you’re convicted of DUI, you also face incarceration, as follows:
- 1st conviction: Up to 6 months (9 months for high BAL or a minor was in the vehicle)
- 2nd conviction: Up to 9 months (12 months for high BAL or a minor was in the vehicle)
- If within 5 years of prior: Mandatory 10 days (48 hours consecutive)
- 3rd conviction:
- Within 10 years: Mandatory 30 days (48 hours consecutive)
- After 10 years: Up to 12 months
- 4th or subsequent: Up to 5 years
Legal alternative: The court might let you serve time in a rehab program instead.
Vehicle Lockdown: Impoundment or Immobilization
Unless your family has no other form of transportation, your vehicle will be impounded as follows:
- 1st conviction: 10 days
- 2nd conviction within 5 years: 30 days
- 3rd conviction within 10 years: 90 days
Impoundment does not happen until you’re out of jail.
Property Damage and Injuries
You may be charged with a misdemeanor or a felony if your DUI involves property damages or injuries. The law covers these situations as follows:
- Property damage or personal injury: Misdemeanor of the first degree (up to $1,000 fine and/or 1 year in jail)
- Serious bodily injury: Felony of the third degree (up to $5,000 fine and/or 5 years in prison)
- DUI Manslaughter: Felony of the second degree (up to $10,000 fine and/or 15 years in prison)
- DUI Manslaughter and Leaving the Scene: Felony of the first degree (up to $10,000 fine and/or 30 years behind bars)
License Revocation
You’ll lose your driving privileges if you’re convicted of DUI. This may also happen if you refuse to take a chemical test to determine your level of intoxication. This follows the law of implied consent. Every time you get into a car, you’re giving your permission for a chemical test if you’re arrested for DUI. If you refuse a urine test, blood test, or breathalyzer, the revocation takes effect immediately.
Hardship Reinstatement
A hardship reinstatement in Florida defines a process where a person with a suspended driver’s license can apply for restricted driving privileges. A hardship license allows them to drive only for basic reasons, such as getting to a regular medical appointment or commuting to work. Your DUI attorney can help you apply for hardship reinstatement.
DUI Manslaughter – Why You Need to Talk to a DUI Lawyer
As mentioned briefly, if you’re convicted of DUI manslaughter in Miami, the offense is a second-degree felony. You’ll be charged with the offense if you’re arrested for DUI and cause the death of another person.
If you’re charged with the crime, you must have had a blood alcohol level of at least 0.08 percent at the time of the arrest and were in physical control of the vehicle. You caused the death of another party – either indirectly or directly.
It’s always important to retain legal services if you’re arrested for DUI manslaughter. This conviction can make it difficult to find work, obtain a loan, or own a firearm. People can also experience problems with relationships due to the social stigma of the offense.
Leaving the scene of the accident steps up the charge to a felony in the first degree. This can lead to incarceration of up to 30 years. If you don’t work with an experienced DUI attorney, you may face a bleak future.
Commercial Drivers: DUI Rules
Commercial drivers in Miami can face some real dilemmas if they’re caught for DUI while driving a commercial motor vehicle (CMV). You can lose your job or forfeit your career.
Disqualification periods for Commercial Motor Vehicle (CMV) operators:
- Driving a CMV with BAL of .04 or above: 1-year disqualification
- Driving a CMV under the influence of alcohol/controlled substance: 1-year disqualification
- Refusing to submit to testing while driving a CMV: 1-year disqualification
- Second or subsequent offenses: Permanent disqualification
The Law of Implied Consent
As noted, when you get into a car and drive, you’ve already given your okay to get a chemical test if you’re arrested for DUI. Should you refuse, you’ll face a one-year license suspension. If you get arrested for DUI in Miami, after a first offense, but refuse the chemical test, you’re facing an 18-month license suspension and a first-degree misdemeanor charge.
Also, if you’re involved in an accident that leads to a serious injury or death, the police are in their right to administer a chemical test without your permission.
DUI School
If you’re arrested and convicted for DUI, you have to complete DUI school. This must be done before obtaining a hardship license and after certain convictions. If the court believes your impairment triggered a reckless driving charge, you must complete the program.
Under 21? Special Rules for DUI
A police officer may detain and test drivers under 21 years old that they believe may be impaired. For a minor whose BAL is .02, they’ll receive a six-month suspension for a first offense and a one-year suspension for subsequent offenses.
A BAL of .05 leads to a suspension until the offender completes a substance abuse assessment and course.
Contact a DUI Lawyer in Miami Today
If you’ve been arrested for DUI, make it a priority to speak to a DUI lawyer immediately. As the laws change, it’s always best to consult with legal counsel about questions and concerns. That way, you’ll receive the most current and personalized legal advice. Call a criminal defense attorney in Miami now if you have questions or have been arrested for DUI.