Miami DUI Lawyer
DUI FAQs
1. What does BAC refer to?
BAC is an acronym for blood (or breath) alcohol concentration, which refers to the amount of alcohol found within your body. In Florida, it is illegal to drive or operate a vehicle if your BAC is .08% or higher. If you are under 21, you cannot drive with a BAC higher than .01%. If you are caught driving with a BAC that exceeds the legal limit you will be arrested and charged with DUI.
2. Can I refuse a breath/blood/or urine test?
Yes you can. However, if you refuse to submit to a breath, blood, or urine test, you will automatically lose your license for at least one year. Furthermore, if you are later convicted of your DUI charges, the judge will most likely increase or enhance your sentence. On the other hand, if you take the test and fail it, the prosecution will have more evidence to use against you in court. Basically, it comes down to deciding whether the consequences of refusing a breath, blood, or urine test is better or worse than taking the test and failing it.
3. Will I lose my driver’s license?
If you have been arrested for DUI there is a good chance you will lose your driver’s license, at least for a little while. As soon as the police officer arrests you for driving under the influence, he will confiscate your driver’s license and issue a temporary permit. You then have 10 days to schedule a hearing with the Florida Department of Highway Safety & Motor Vehicles. This hearing gives you and your attorney the opportunity to contest the suspension of your driver’s license. If you are successful, your driver’s license will be given back to you. If you are not successful at the DHSMV hearing, your driver’s license will remain suspended for at least one year.
4. Will I go to jail?
The answer is maybe. Going to jail largely depends on the circumstances of your DUI arrest. Generally, for a first-time DUI offense, it is often possible to avoid jail. However, a judge may sentence you to jail if any of the following circumstances are true:
You have more than one DUI offense on your record
You caused an accident that resulted in serious injury or death
You drove under the influence with a minor in your vehicle
Your BAC was .20% or higher
You drove under the influence of other drugs
5. What are the penalties for a DUI?
If you are convicted of DUI, you will be subjected to a number of legal penalties. Common penalties for DUI include driver’s license suspension, fines, probation, community service, mandatory DUI School, a mark on your permanent record, and possible time in jail. In addition, your insurance premiums are likely to increase, you may be required to install an ignition interlock device on your car, and your car may be temporarily impounded.
6. What are some signs of intoxication that police officers look for when they pull you over for DUI?
There are clear signs of intoxication that police officers look for when they pull you over on suspicion of DUI. These signs include flushed cheeks, slurred speech, bloodshot eyes, loud or offensive behavior, inability to follow directions or respond coherently, the scent of alcohol on your breath, open containers of alcohol in the car, disheveled appearance, staggering, and swaying. In addition, they will also look to see if you are swerving, weaving in and out of traffic, breaking erratically, making wide turns, following all traffic signs and signals, hovering over two lanes, driving erratically, etc.
7. Why should I hire an attorney?
It’s extremely important to hire a DUI attorney to handle your case and protect you in court. The DUI process can be complex, and there are many important steps that must be taken. DUI cases involve tight deadlines, and you have many rights which must be exercised timely and tactically. A knowledgeable DUI lawyer can provide you with invaluable advice and guidance at each stage of your case. Before you head to court, your attorney will apply his knowledge and resources to develop a solid defense that will increase your chances of prevailing against your DUI charges. Furthermore, your attorney will aggressively defend you against the prosecution, and vigorously advocate for you both in court and at your DHSMV hearing. Above all, your DUI attorney will provide you with the guidance and professional defense you need to best protect your rights.