Understanding DUI Laws in Miami: What You Need to Know

Driving under the influence (DUI) is a serious offense in Miami and across South Florida. With its bustling nightlife and frequent visitors, the region sees a high number of DUI cases each year. Understanding DUI laws and the importance of hiring a skilled defense lawyer like Francisco Marty can make all the difference in safeguarding your rights and future.

DUI Laws in Florida: The Basics

Under Florida law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of:

• 0.08% or higher for drivers aged 21 and over.
• 0.02% or higher for drivers under 21.
• 0.04% or higher for commercial drivers.

DUI laws also apply to those impaired by drugs, including prescription medications or illicit substances. The penalties for a DUI conviction vary depending on the driver’s BAC level, prior convictions, and whether the incident caused injury or property damage.

Penalties for a DUI Conviction

A DUI conviction in Miami carries severe consequences, which may include:

1. First Offense:
   • Fines ranging from $500 to $1,000.
   • License suspension for 180 days to 1 year.
   • Up to 6 months in jail.
   • Mandatory DUI school and community service.
2. Second Offense:
   • Fines between $1,000 and $2,000.
   • License suspension for up to 5 years.
   • Up to 9 months in jail.
   • Vehicle impoundment for 30 days.
3. Third Offense (Within 10 Years):
   • Fines of $2,000 to $5,000.
   • License revocation for 10 years.
   • Up to 5 years in prison.

Aggravating factors, such as a BAC of 0.15% or higher, or causing an accident with injuries, can lead to harsher penalties.

Defending Against a DUI Charge

If you’re charged with a DUI in Miami, a strong defense can significantly impact the outcome of your case. Common defense strategies include:

• Challenging the Traffic Stop: Proving that the police lacked probable cause to stop your vehicle.
• Questioning the Breathalyzer Results: Highlighting calibration or operator errors that could render the test results invalid.
• Evaluating Field Sobriety Tests: Demonstrating that factors such as medical conditions or uneven surfaces affected the results.
• Pleading Down to Lesser Charges: Negotiating with prosecutors to reduce charges to reckless driving, which carries fewer penalties.

Why Hire a Miami DUI Lawyer?

Navigating the legal system after a DUI arrest can be overwhelming. An experienced DUI lawyer like Francisco Marty can:

• Guide you through the legal process.
• Protect your rights from the moment of your arrest.
• Investigate all aspects of the case to identify weaknesses in the prosecution’s evidence.
• Represent you in court to seek reduced charges, minimized penalties, or a dismissal.

The Importance of Acting Quickly

Florida has strict deadlines for DUI-related processes, including requesting a formal hearing to contest a license suspension. Missing these deadlines can result in automatic penalties, so it’s essential to act promptly after an arrest.

Conclusion

Facing a DUI charge in Miami is a serious matter, but you don’t have to face it alone. With the right legal representation, you can challenge the charges and protect your future. Francisco Marty has the experience and dedication needed to build a strong defense on your behalf.

Contact Francisco Marty today for a free consultation and take the first step toward safeguarding your rights.