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KNOWLEDGE. EXPERIENCE. RESULTS. DUI Defense Put Over 20 Years of Experience to Work for You

Miami DUI Defense Attorney

Seasoned Defense Against Drunk Driving Charges in Miami, Florida

A DUI arrest in Florida involves two distinct processes: an immediate administrative action with the DMV regarding your license, and a separate, serious criminal court case. While legal representation might not be strictly required for the administrative hearing, having an experienced DUI lawyer for both aspects is crucial to positively impact your outcome. Turn to the Law Office of Michael Mirer, P.A. for a comprehensive defense. We are available 24/7 and have years of experience, ready to ready to fight for you.

Miami DUI Attorney Michael Mirer has defended countless South Florida clients against drunk driving and BUI charges and can provide the aggressive and smart advocacy you need before the court.

Contact us today or call (800) 798-0243 for a free, confidential case evaluation with a DUI attorney in Miami. Se habla Español.

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What is a DUI in Florida?

DUI stands for "driving under the influence," commonly known as drunk driving or DWI (driving while intoxicated). It is a criminal offense, typically charged as a misdemeanor, involving a driver operating a motor vehicle while under the influence of alcohol or a controlled substance, or both.

Individuals will be charged with drunk driving in Florida if they are pulled over and officers determine through breath and blood testing or field sobriety testing their legal intoxication. It is crucial these tests are conducted under strict procedural guidelines to ensure accuracy, as any deviation could serve as a defense in your case.

What is the BAC Limit in Florida?

Under Florida law, a driver is considered "under the influence" with a blood alcohol concentration (BAC) of .08% or greater, or if their normal faculties are impaired due to intoxication or drug use. Understanding these thresholds is vital, especially with zero-tolerance policies for underage drivers, which inform charges and potential penalties.

BAC Limits in Florida for Different Driver Types Include:

  • Drivers age 21 or older: BAC limit of .08%
  • Drivers under 21 (Under 21 DUI): BAC limit of .02%
  • Commercial license holders (Commercial DUI): BAC limit of .04%

Will I Lose My License for a DUI?

Being arrested for a DUI and failing or refusing a breath or blood test can lead to license suspension proceedings by the Florida Department of Highway Safety and Motor Vehicles. This suspension can significantly affect daily life, including the ability to commute to work or school, complicating day-to-day logistics.

DUI Arrests & License Suspensions

When a driver is arrested for DUI in Florida, they face both administrative license suspension and a criminal court case. Suspension is automatic, based on failing or refusing a chemical test that measures blood alcohol concentration. Understanding your rights and acting quickly is essential, as a knowledgeable Miami DUI defense attorney can help you challenge this suspension or minimize its impact.

If your driver's license has been suspended following a DUI arrest or conviction, a Miami DUI defense attorney can also help you pursue a restricted "hardship" license for limited purposes, such as work or school. Understanding the specific terms and limitations of this restricted driving permit is crucial to ensure compliance and avoid further legal issues.

Complete an online form or dial (800) 798-0243 to request a case evaluation with a DUI lawyer in Miami. Se habla Español.

What Are The Penalties for DUI?

Conviction for driving under the influence entails serious penalties in Florida. The severity depends on whether you have multiple DUI offenses on your record, your BAC, and any aggravating factors, including injuries to victims or DUI manslaughter

DUI Penalties Include, but Are Not Limited To, the Following:

  • Fines: Can range significantly, from a minimum of $500 up to $5,000 or more depending on the offense.
  • Imprisonment: Ranges from months for misdemeanor DUIs to a maximum of 5 years for felony DUI convictions (e.g., third offense within 10 years, or those involving serious bodily injury).
  • Vehicle impoundment: Typically 10 to 90 days.
  • License loss: Ranges from 180 days to potential permanent revocation.
  • Possible installation of an ignition interlock device
  • DUI School/Substance Abuse Treatment.
  • Community Services

Here are typical maximum penalties for first and second DUI convictions in Florida (without aggravating factors):

First DUI Offense Penalties in Florida:

  • Driver's License Revocation: 180-days to 1-year
  • Imprisonment: up to 6 months
  • Probation: up to 1 year
  • Community Service: 50 hours or $10 fine per service hour
  • Fine: $500 to $1,000
  • Vehicle Impoundment: 10 days

Second DUI Offense Penalties in Florida (within 5 years):

  • Driver's License Revocation: Minimum 5 years
  • Imprisonment: Up to 9 months (with a mandatory minimum of 10 days)
  • Fine: $2,000 (can be higher based on BAC)
  • Vehicle Impoundment: 30 days

Under 21 DUI in Florida

Drivers under 21 face specific, strict procedures and penalties when charged with driving under the influence. Florida law enforcement can detain and test underage drivers with probable cause of any alcohol presence. The implications of an underage DUI are severe, potentially disrupting educational and early career opportunities.

What Happens When You Get a DUI Under 21:

  • Law enforcement may request blood or breath tests to determine alcohol levels upon detention.
  • If your BAC is .02% or higher but less than .08%, this offense is typically handled as an administrative license suspension only, not a criminal charge.
  • However, if your blood alcohol concentration is .08% or greater (reaching or exceeding the legal limit for adults), you will face criminal DUI charges, with the possibility of imprisonment, heavy fines, and a lasting criminal record.

What Are the Long-Term Consequences of a DUI?

Driving under the influence is a serious offense with severe consequences that can extend far beyond the immediate legal penalties. While the short-term repercussions of a DUI, such as fines and license suspension, are well-known, it's essential to also consider the long-term consequences that can have a lasting impact on various aspects of a person's life.

  • Criminal Record: A DUI conviction can create a criminal record that persists for years or a lifetime, affecting employment, housing, and educational opportunities. Many employers conduct background checks, where a DUI conviction might result in rejection or job loss, particularly in safety-sensitive industries. Engaging legal representation promptly can help mitigate these ramifications.
  • Increased Insurance Costs: After a DUI conviction, insurance premiums are likely to skyrocket. Insurance companies view DUI offenders as high-risk drivers, often imposing substantially higher rates. These increased costs can persist for several years, complicating the maintenance of auto insurance coverage. 
  • Limited Driving Privileges: DUI convictions typically result in driving privilege suspension or revocation. Depending on the offense's jurisdiction and severity, the suspension duration can vary significantly. Without a driver's license, individuals may struggle to commute to work or school, affecting daily responsibilities. 
  • Ignition Interlock Devices: Some jurisdictions require DUI offenders to install ignition interlock devices (IIDs) in their vehicles. These devices mandate passing a breathalyzer test before starting the car. Despite being inconvenient, they serve as a continual DUI conviction reminder. 
  • Strained Relationships: DUI convictions' consequences extend beyond individuals, affecting relationships with family and friends. Loved ones may experience disappointment, anger, or concern over the behavior leading to the DUI, straining relationships and eroding trust. 
  • Personal Stigma & Guilt: The guilt and shame associated with a DUI can adversely impact mental and emotional well-being. Long-term psychological consequences include depression and anxiety, stemming from perceived harm and danger to oneself and others. 
  • Employment & Career: A DUI conviction can restrict career advancement opportunities. Many professional licenses and certifications require a clean criminal record, limiting career paths or advancement in current roles. 

While the long-term consequences of a DUI conviction are significant, it's crucial to remember that an arrest doesn't automatically equate to a conviction. Many legal avenues exist to challenge DUI allegations and mitigate these severe impacts.

Challenging DUI Allegations

A common misconception associated with DUI charges is that all is lost if you took and allegedly failed a breath or blood test. If you submitted to a breath test or blood test that showed a blood alcohol concentration (BAC) of .08% or greater, you may feel as though there is no hope in challenging your charges. This is simply not the case.

The same applies if you are facing drunk driving charges in Florida based upon allegedly poor performance on field sobriety tests – a result law enforcement considers indicates your normal abilities were impaired by alcohol and/or drugs. In spite of a failed breath test or field sobriety tests, there are ways that a DUI lawyer in Miami can effectively challenge your charges.

Miami DHSMV Hearings

Understanding the 10-Day Deadline

Challenging license suspension is possible by requesting a DMV hearing (or "DHSMV hearing") within 10 days of arrest. These administrative hearings offer drivers a critical opportunity to dispute the license suspension. Swift action is essential, as these hearings are your only chance to contest the administrative suspension of your driving privileges and can significantly influence the overall legal process.

  • Upon arrest, officers confiscate licenses, issuing a citation/notice of suspension.
  • This citation acts as a temporary driving permit for a 10-day window to request a formal review hearing.
  • Failing to request a hearing within ten days results in DMV license suspension.

This hearing represents your only chance to contest license suspension. Miami DUI defense lawyer Michael Mirer can represent you at the administrative hearing and advocate before the DHSMV.

Strategies for Defending Against DUI Charges in Miami

Being charged with a DUI in Miami entails serious consequences, including fines, license suspension, and potential jail time. Retaining a skilled DUI lawyer is crucial for protecting rights and formulating a solid defense strategy. At the Law Office of Michael Mirer, P.A., our attorneys are experienced in defending against DUI charges in Miami and have demonstrated success. 

Our comprehensive DUI defense services encompass:

  • In-depth investigation of arrest circumstances, including the initial stop and probable cause.
  • Rigorous analysis of all evidence, including police reports, breathalyzer results, blood tests, and field sobriety exercise videos.
  • Strategic legal representation in all court proceedings, from arraignment to trial.
  • Skilled negotiation with prosecutors for reduced charges or penalties.
  • Comprehensive guidance and support throughout the legal process

Don't face DUI charges alone. Contact Law Office of Michael Mirer, P.A. today for a consultation with a Miami DUI lawyer who will tirelessly fight for your rights and strive for the best possible outcome for your case.

With the proper resources and experience, a skilled lawyer will determine how to pursue the optimal result on your behalf. Speak with a DUI attorney in Miami at the Law Office of Michael Mirer, P.A. and explore your options. Call (800) 798-0243 or contact us online. Se habla Español.

How Our Firm Supports Your Defense

A meticulous and thorough case review is essential for a strong defense. This encompasses every detail: the manner in which you were initially pulled over, how field sobriety tests were conducted, the administration of breath or blood tests, and all arrest procedures. Every single detail is critical and can potentially uncover deviations or misconduct crucial to your defense.

We rigorously examine all procedural and evidentiary issues related to your charges. Law enforcement officers must adhere to specific guidelines and respect your Constitutional rights throughout the entire process. A single error or misstep on their part could render certain evidence inadmissible or even invalidate the entire case. By understanding the balance between procedural compliance and constitutional protection, we can identify and pursue the most effective defense tactics on your behalf.

Featured Case Result

DUI: Charges Dismissed

The client faced arrest and DUI charges in Miami-Dade County Court. Mr. Mirer conducted an exhaustive investigation and ultimately brought the case to trial, successfully arguing police errors in arresting his client for DUI.

Call a Miami DUI Attorney

If you or someone you know is charged with driving under the influence in Florida, it is crucial not to face the charges alone. Reach out to an experienced Miami DUI lawyer at the Law Office of Michael Mirer, P.A. for a free case evaluation. We are ready to hear your story. 

Contact us for a free consultation regarding your DUI charges in Miami, FL.

Our Testimonials

Hear From Our Clients

  • "Appreciate the concise, honest, and fast support."
    We really appreciate the concise, honest, and fast support Michael Mirer has given us which led to our case's dismissal. From the start, Michael presented a plan and executed accordingly, guiding us every step of the way. Worth every penny.
    - J.K.
  • "Thank you, Michael for getting charges dropped."
    Responsible, honest, on time, great at communicating, and professional. Best in the business! I recommend 1000% to anyone needing a criminal lawyer. Thank you, Michael for getting charges dropped.
    - Jesus R.
  • "I'm extremely grateful I chose the best."
    I wholeheartedly recommend Michael! I've seen him in action and he's truly exceptional. He made me feel at ease and his whole team is outstanding. I'm extremely grateful I chose the best. Michael's expertise in court shone through, making the state attorney's case seem insignificant. My case was dismissed! If you need top-notch representation, look no further. Don't settle for less—he's worth it!
    - Moran H.
  • "Mr. Mirer the best attorney all around, very respectful, a humble person, open minded and well respected."
    Mr. Mirer saved me from a 25 year conviction, the case was of drug trafficking. I only did 20 months in prison when it should've been no less than 15 years. He worked hard he's not all about just taking your money and forgets about u. He has an amazing team that does not let his clients down. No matter how busy he is he always answer phone calls, texts if not at the moment he'll find the time to reach back. I always felt like my case was priority and that's important for a client and I thank him for that. Definitely he will always be my first choice of recommendation to whom is in need of a trust worthy lawyer. Thank u again Mr. Michael Miter.
    - Former Client
    Miami, FL
  • "They assured me they could get my case resolved and squashed... in less than a week it was done."
    They assured me they could get my case resolved and squashed... in less than a week it was done.
    - Former Client
  • "My case is almost done and I am so happy with such a great attorney."
    My case is almost done and I am so happy with such a great attorney.
    - Former Client
  • "My case was dismissed and we are in the process of expunging my record. I am forever grateful to Michael."
    My case was dismissed and we are in the process of expunging my record. I am forever grateful to Michael.
    - Former Client
  • "Mr. Michael Mirer as brilliant, compassionate and empathetic attorney."
    Mr. Michael Mirer as brilliant, compassionate and empathetic attorney.
    - Former Client
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