Miami takes DUI seriously for residents and visitors. If you are arrested for DUI, you should immediately consult a DUI defense attorney.
The DUI Law in the Sunshine State
Florida law defines DUI as driving a vehicle under the influence of alcohol or drugs or with a blood alcohol level of .08 or higher. For younger drivers (under 21), Miami has an even stricter standard with a zero-tolerance policy. Drivers under 21 can lose their license if caught with a BAC of .02 or higher.
Implied Consent and Testing
When you get a Florida driver's license, you automatically consent to chemical testing. A first-time refusal is a one-year license suspension. A second or subsequent refusal is a misdemeanor and 18-month suspension.
First Offense
A first-time DUI in Miami comes with serious penalties. Courts can fine you between $500 and $2,000. The law requires 50 hours of community service. Probation can last up to one year. The court can sentence you to up to six months for a first offense.
Convicted drivers must complete DUI school, which includes education on alcohol abuse and a substance abuse evaluation.
License Suspension and Hardship Provisions
A first-time conviction usually results in a six-month to one-year license suspension. The hardship license program allows eligible drivers to drive for essential purposes like work, school, and medical appointments.
Second Offense
A second conviction within five years leads to a mandatory 10 days in jail. The maximum sentence is nine months, and you must pay a fine of up to $2,000. Your license may be suspended for up to five years. The court requires an ignition interlock device for two years.
Third and Fourth Offense
A third conviction within 10 years is a felony, punishable by up to five years in prison. A fourth DUI is a felony regardless of the time between offenses.
Impoundment
For a first offense, you usually have your vehicle impounded for 10 days. A second offense leads to a 30-day impoundment. A third offense within 10 years requires 90 days.
Other Consequences
- Insurance rates will increase significantly
- Professional licenses may be suspended or revoked
- Permanently on your record
- Visible to employers, insurance companies, and law enforcement
Impact on Non-Citizens
Non-citizens may face deportation proceedings or denial of naturalization applications.
Legal Defense
Defense attorneys will challenge the initial traffic stop, field sobriety test administration, and chemical test accuracy.
Recovery and Rehabilitation
Treatment programs range from educational interventions for first-time offenders to intensive therapy for those with substance abuse disorders.
Contact a DUI Lawyer Immediately
If you're arrested for DUI, you need help from a DUI lawyer. Call to arrange an in-person consultation.
