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Miami Beach, Florida DUI (DWI) Criminal Defense Attorney

Florida DWI / DUI Administrative Hearing

Pursuant to Florida law, an individual has 10 days to request a hearing from the Florida DHSMV (Department of Highway Safety and Motor Vehicles). Once the arresting officer retains your state issued license, you are issued a "DUI Citation," providing you are eligible for the 7 day temporary driver's permit (hold a valid driver's license, sign the DUI citation, and submit to the chemical test). If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is very important that you submit your request to the Department of Highway Safety and Motor Vehicles in Florida within 10 days. Contact an aggressive and experienced DUI attorney to help, but do not delay.

What happens if I was arrested for DUI in Miami Beach?

Pursuant to Florida law, once you have been cited for violating the DUI statute, the state initiates two separate, yet simultaneous legal actions against you. There is a criminal action in response to the ticket that was issued to you, and an administrative action is brought against your license by the Florida DHSMV (Department of Highway Safety and Motor Vehicles). Both actions can result in the suspension of your driving privileges in Florida, but it is very important to remember that there may be more penalties to consider. Also, each action must be handled separately.Contact a Florida DUI attorney today for a quick and easy consultation.

If you have been arrested for DUI, it is a major offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is important that anyone facing a Florida DUI understand what challenges they will encounter. It is very important you seek the legal advice of an accomplished and skilled DUI criminal defense attorney immediately. Call today for a free, professional consultation.

DUI Penalties for First Time Offenders

  • Vehicle Impoundment and Immobilization - Provided that the offender's family has another form of transportation, a first time DUI offender's vehicle will be impounded for 10 days, and will not take place at the same time as incarceration.
  • Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges in Florida.
  • Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent Florida DUI offenses will result in a lifetime loss of the CDL.
  • Florida Community Service - First time DUI offenders in Miami Beach, Florida face a mandatory 50 hours of community service, or a fine of $10.00 for each hour of community service assigned by the court.
  • Florida Driving Privileges and DUI - A first time DUI conviction results in the revocation of driving privileges in Florida for a minimum of 180 days, up to a maximum of 1 year.
  • Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 12 months.
  • Monetary Fines - Fines for a first time DUI in Miami Beach, Florida can range between a minimum of $500.00, up to a maximum of $1,000.00.
  • Time in Jail - In Miami Beach, Florida, a first time DUI offender faces imprisonment of up to 6 months.
  • Probation - Probationary periods and incarceration may not exceed 1 year for first time DUI convictions.

What does a BAC (blood alcohol content) of .08 mean in Florida?

The term ".08 blood alcohol content (BAC)" is commonly referred to as the legal limit, but this is not entirely accurate. Pursuant to Florida Law, .08 BAC is the presumptive level of impairment. If you have consumed enough alcohol to reach a .08 blood alcohol content (BAC), you are automatically considered impaired. Even if you are below .08 BAC, you can still be convicted of DUI. If your driving ability is proven to be impaired.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Florida, you may not be aware of options and rights. This is why an accomplished and skilled criminal defense attorney can guide you through this emotionally challenging process. Please contact a Florida DUI (DWI) attorney for a free, professional consultation.

Florida DUI Testing

If law enforcement in Miami Beach, Florida reasonably believes that a person has been driving under the influence they may request the driver to submit to:

  • a breath alcohol test.
  • a blood test for controlled substances or blood alcohol content.
  • a urine test for controlled substances - the urine test will be administered in a manner to ensure privacy and accuracy.

Refusal to submit to a required breath, urine, or blood test will result in:

  • at least 6 and possibly 12 months suspension of the driver's license in Florida
  • prosecution for DUI

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.