Best DUI Lawyers Miami, FL Of 2024 – Forbes Advisor – Technologist

If you’ve been charged with a DUI in Miami, it’s important to understand the laws and process surrounding your offense—then you’ll know what steps to take. Below is a brief summary of DUI laws in the Sunshine State.

Legal Blood Alcohol Concentration (BAC) in Florida

Drivers on Florida roads are not permitted to drive or be in physical control of a vehicle with a blood alcohol concentration (BAC) level of 0.08% or higher. For drivers under 21, Florida has zero-tolerance policies for driving while under the effects of alcohol—underage drivers cannot have a BAC of 0.02% or higher. Commercial drivers also face harsher guidelines, as they cannot legally have a BAC of 0.04% or higher.

Driving with a BAC level well over the legal limit can carry very firm penalties from the courts and Florida’s Department of Highway Safety and Motor Vehicles (DHSMV). If you have a BAC of 0.15% or higher, you could face higher fines, greater jail time and longer license suspension/revocation periods.

Implied Consent Laws in Florida

As per Florida’s implied consent laws, all drivers in the state agreed to be subject to chemical sobriety tests to check their BAC. While motorists have the right to refuse these tests, that refusal can come with repercussions.

For instance, if you refuse a BAC test for the first time, you could have your license suspended for up to one year. If you have rejected a BAC test previously, you could face a license suspension period of 18 months and be charged with a misdemeanor. Refusal to take a BAC test can also be used as evidence against you in a court of law.

DUI Penalties in Florida

If you are convicted of a DUI/DWI, a judge will administer a sentence in line with the facts surrounding your case. Here is a brief and nonexhaustive summary of the types of penalties you could face for a DUI conviction in Florida.

The above penalties apply only to cases where the offender’s BAC was under 0.15 and no minor(s) were present in the vehicle with them. In cases where there are aggravating factors such as these, the penalties can be increased dramatically. For instance, first offenders that have a BAC of 0.15 can face fines of $1,000 to $2,000 and jail time of up to nine months.

Offenders can also be subject to additional penalties such as:

• Ignition interlock devices (IIDs). An IID is a device that requires the driver to test their breath for alcohol before they can drive their vehicle. First-time DUI offenders may not need an IID installed unless it is ordered by the courts, but second offenders and up will need one installed for at least one to two years.
• Community service. First offenders must serve a minimum of 50 hours of community service or pay an additional fine of $10 per hour of service.
• Impoundment. Unless there are extenuating circumstances—such as the offender’s family having no other form of transportation—a first offender’s vehicle will be impounded for at least 10 days. Repeat offenders could face impoundment of their vehicle for up to 90 days.

What To Expect After a DUI Arrest in Florida

If an officer suspects you of driving under the influence due to swerving or other erratic driving behaviors, they will pull you over and administer various sobriety tests—likely both field and chemical. If you are charged with a DUI, then an officer will take you to the station to record your personal information and details about your crime, search you and your belongings and potentially administer additional BAC tests.

Following your booking, two different processes will be initiated: Administrative penalties from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will be given, and the criminal process will begin. First-time DUI offenders may have their license revoked for up to one year but are given a 10-day temporary permit. They can challenge this revocation within 10 days by booking an administrative hearing.

You will appear before a judge, where your charges will be read against you and you will decide whether to plead guilty. If you plead not guilty, the case will then proceed to trial and you—or your attorney—will defend your position. If you are convicted, a judge will allocate a sentence based on the facts of the case and Florida’s sentencing guidelines.