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Comprehensive Defense Strategies for DUI in Florida

Driving under the influence of alcohol or another controlled substance, commonly known as DUI, is a serious offense. Florida authorizes law enforcement to stop a vehicle based on indicators of DUI including erratic, reckless or careless driving among others. Upon speaking with the driver, the officer can make additional determinations as to whether intoxication exists, and may request a blood alcohol test.

Understanding the Legal BAC Limit in Florida

The standard limit for DUI is a blood alcohol level of .08 which can be determined through a variety of different methods such as blood test, urine sample or the breathalyzer test. A field sobriety test may also identify common aspects of intoxication, although tests that measure blood alcohol level can generally be considered much more solid evidence through the DUI process in court.

Consequences of Failing a Field Sobriety Test

If the driver fails a field sobriety test, or a test that measures blood alcohol level, then the law enforcement officer may immediately place the driver under arrest for DUI. This is a critical time for an offender, because any decisions made after arrest can have significant positive or negative consequences.

According to the Florida Statutes §316.193 (2011), the penalties will vary based on whether it was a first conviction, whether an accident was caused, or how high the driver's blood alcohol content was. When the stakes are high, turn to an attorney who understands and can effectively handle these situations.

Contact a Miami DUI lawyer at the Tomas Law Firm today.

Understanding DUI Administrative Hearings in Florida

Drunk driving not only carries criminal penalties, but administrative penalties as well. These administrative penalties primarily concern your right to drive. If you are arrested for a DUI, you will face the possibility of a license suspension. Florida has a ten day rule when it comes to requesting an administrative hearing. While these are not required, if you request a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days, you can contest your driver's license suspension. If you fail to request this hearing, then your license will go into suspension for the required period of time.

License Suspension Penalties for DUI in Florida

Standard DUI suspension and revocation periods are as follows:

  • First DUI conviction: 180 to one years' suspension
  • Second DUI conviction: within five years, a 5 years' minimum revocation
  • Third DUI conviction: within ten years, a 10 years' revocation
  • Fourth DUI conviction: mandatory permanent revocation
  • DUI with injury: minimum 3 years' revocation
  • DUI manslaughter conviction: minimum 3 years' revocation

What is Florida’s Hardship Reinstatement Process?

Hardship reinstatement of your driver's license is available for first, second and third DUIs, and some DUI convictions that involve injury or death of another. A Miami DUI attorney will be able to tell you if hardship reinstatement is available in your situation. The state of Florida aggressively prosecutes DUI offenders.

Effective Legal Defenses for DUI Charges in Florida

If you have been arrested or charged with this offense, then Attorney Tomas may be able to help. This firm can contest the evidence that warranted your charge, such as the field sobriety test evidence, chemical test evidence (breath, blood or chemical test) and the lawfulness of the police stop itself. You are innocent until proven guilty and you have the right to legal representation after a DUI arrest.

When to Hire a Miami DUI Lawyer for Your Defense

When you call the Tomas Law Firm, you can find the insight and legal experience you need to fight your first-time DUI or multiple DUI charges. The Miami DUI attorney provides aggressive and proactive defense that is tailored to each individual's situation so that their clients can achieve favorable outcomes for their criminal charges. From DUI's involving motor vehicle accidents to other serious felony DUI charges, Attorney Tomas understands what is at stake with your case and will vigilantly defend your rights.

Contact Attorney Tomas today for the aggressive defense you need with our Miami DUI lawyer!

Commonly Asked Questions

What should I do immediately after a DUI arrest in Miami?

If you are arrested for DUI in Miami, it is crucial to remain calm and comply with law enforcement. After the arrest, you should contact a qualified DUI attorney as soon as possible. They can guide you through the legal process, help you understand your rights, and advise you on the next steps, including whether to request an administrative hearing to contest your license suspension. Remember, the decisions you make right after your arrest can significantly impact the outcome of your case.

How can a Miami DUI attorney help with my case?

A Miami DUI attorney can provide invaluable assistance in navigating the complexities of DUI charges. They can analyze the evidence against you, challenge the validity of field sobriety tests, and scrutinize the circumstances surrounding your arrest. With their knowledge of Florida DUI laws, they can develop a tailored defense strategy aimed at pursuing a favorable outcome for your situation, whether that means reducing charges, negotiating plea deals, or preparing for trial.

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