In the state of Florida, it is illegal to drive or operate a vehicle if your blood alcohol concentration (BAC) is .08% or higher. If law enforcement officials in Florida catch you driving under the influence, you will be arrested and booked on DUI charges. When you drive under the influence of drugs or alcohol your chances of causing a serious or fatal accident increases significantly. As a result, lawyers for the state will aggressively prosecute you to the fullest extent of the law, and will seek the most severe penalties possible. To best protect your interests, you must contact a DUI lawyer who will work relentlessly to protect your rights. When you come to the Law Offices of Bret Lusskin, you can be confident that Mr. Lusskin will vigorously defend you against your DUI charges, and work hard to see you through your crisis.
A DUI arrest will generate two separate legal processes: an administrative DHSMV Hearing, and a criminal case in court.
DHSMV Hearing
After you have been arrested for DUI, you will be brought back to the police station where you will be booked on DUI charges. As soon as you are released from police custody, you will have 10 days to schedule a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This hearing gives you and your attorney a chance to prevent your driver’s license from being suspended. However, you only have 10 days from the date of your arrest to schedule this hearing. If you do not timely schedule this hearing, your driver’s license will automatically be suspended for an extended period of time.
Criminal Case
In addition to the DHSMV hearing, you will also have to appear in criminal court to answer for the crime of driving under the influence. The criminal case is conducted to determine whether you are “guilty” or “not guilty” of driving under the influence. If you are found “not guilty” of DUI, all charges brought against you will be dropped and you will be free to move forward with your life without any legal repercussions. If you are found “guilty” the judge will impose a sentence he or she sees fit.
Penalties for DUI
Common penalties for a DUI in Miami include jail sentences, fines, probation, community service, alcohol awareness workshops, driver’s license suspension, and a mark on your permanent record. Furthermore, depending on the circumstances of your arrest, the penalties may be enhanced. For instance, if there was a minor in the vehicle, if your BAC was above .20%, or if you caused an accident that resulted in death or injury, the severity of your penalties will be significantly increased.
Contact Miami DUI Defense Lawyer
If you have been arrested for DUI in Miami, do not leave yourself unprotected! Miami DUI attorney Bret Lusskin will review your case, thoroughly investigate your arrest, and aggressively attack the evidence brought against you. Furthermore, Mr. Lusskin will provide you with personalized attention, dedicated representation, and compassionate care throughout the entire DUI process.
To set up a free consultation with Miami DUI defense attorney Bret Lusskin, please contact the office at (954) 454-5841 or (888) 662-4828. Mr. Lusskin provides DUI representation to residents of Miami-Dade County, Broward County, and Palm Beach County, Florida.