Miami DUI Attorney

Valiente Law defends people arrested for DUI in Miami and throughout Miami-Dade County. We review the traffic stop, the evidence and the circumstances of the arrest, and help you understand both the criminal case and the issues affecting your driver’s license. Our team can discuss your situation in English or Spanish.

For drivers under 21, our guide to underage DUI and license suspension explains the separate license and criminal issues.

At Valiente Law, we compare the arrest report with the recordings, witness accounts and test records. We explain which issues can be challenged in court and which require a separate challenge to the license suspension.

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Florida DUI Laws

Under Florida Statutes section 316.193, DUI involves driving or being in actual physical control of a vehicle while normal faculties are impaired by alcohol or specified substances, or with a blood- or breath-alcohol level of 0.08 or higher. A DUI allegation can require a defense even without a test result above that level.

The criminal case and your license

An administrative license suspension follows a process separate from the criminal charge. Section 322.2615 provides a 10-day period from issuance of the suspension notice to request review. Have your notice and arrest paperwork reviewed promptly to identify the options, deadlines and eligibility rules that apply to you. Commercial drivers and drivers under 21 may face additional licensing rules.

Florida DUI Penalties

DUI penalties in Florida are determined by factors such as your blood alcohol level, whether you have prior DUI convictions, and the age of any passengers in the car with you. For a standard first DUI conviction without enhanced penalties, the statutory fine is $500 to $1,000 and incarceration may be up to six months. Probation, DUI education, community service, vehicle impoundment and license consequences also require consideration. The exact requirements depend on the applicable law and facts.

For a first conviction, a blood- or breath-alcohol level of 0.15 or higher, or a passenger under 18, raises the fine to $1,000 to $2,000 and the maximum jail term to nine months. An ignition interlock is required for at least six continuous months once the driver qualifies for a permanent or restricted license.

For repeat DUI convictions, the dates matter. If a second offense occurs within five years of a prior conviction, the minimum jail term is 10 days and the license revocation is at least five years. For a third offense within 10 years of a prior conviction, those minimums are 30 days in jail and 10 years of revocation.

Other DUI offenses in Florida include:

• DUI causing serious bodily injury. If a driver operating a vehicle under the influence causes or contributes to causing serious bodily injury to another person, the offense is a third-degree felony. The ordinary maximums are five years in prison and a $5,000 fine. A sentencing scoresheet can call for prison even though this offense has no statutory mandatory minimum prison term. The court generally must order restitution for qualifying losses unless it finds clear and compelling reasons to decline. A conviction ordinarily requires at least three years of license revocation. A longer repeat-offense revocation can apply.
• DUI manslaughter. A driver commits DUI manslaughter when operating a vehicle under the influence causes or contributes to causing the death of another person or an unborn child. It is generally a second-degree felony and can be a first-degree felony in circumstances specified by law. A conviction carries a four-year mandatory minimum prison sentence, an ordinary maximum fine of $10,000, and permanent license revocation. Someone with no prior DUI-related conviction may petition for restricted driving privileges after five years from revocation or release from incarceration, whichever is later, if the other statutory requirements are met.

Defenses Against DUI Charges in Florida

If you have been charged with DUI, we will conduct a thorough investigation to determine the relevant facts of your arrest and work to challenge any sobriety exercises that have been administered:

• Field sobriety exercises. We compare the officer’s account with the video. The instructions, lighting, slope of the road, footwear and any injuries can all help explain what the officer saw during a walk-and-turn or one-leg stand.
• Breath tests. We review the instrument’s inspection and maintenance records, the operator’s permit and the test records to see whether the required procedures were followed.
• Blood tests. Suppressing a blood test result can be difficult, but a court can exclude it when there are legal grounds. We examine what authority police had to obtain the sample, how it was collected and stored, and what the laboratory records show. Those details help determine whether to seek suppression or challenge the reliability of the result at trial.

Need A DUI Lawyer in Miami? Call Now

At Valiente Law, we understand that driving is essential to your livelihood and your way of life. We also know that being convicted for a first offense DUI can have serious consequences, while a conviction for multiple offenses, or causing serious bodily injury or death, may result in a lengthy prison sentence and significant fines. With so much at stake, it is crucial to have a dedicated advocate in your corner and one who knows how to defend a DUI in Florida.

Whether your BAC was found to be over the legal limit, you failed a field sobriety exercise, or the police arrested you without probable cause, we will review your options with you and pursue the defense that fits the evidence. Above all, we will work tirelessly to preserve your driving privileges, your freedom, and your peace of mind.

Read our guide to what to do during a DUI stop in Miami.

Call our office today at 305.764.5460 or complete the online contact form to set up a No Cost Consultation.  

Featured Testimonial

Miami DUI Defense Review

Mr. Valiente from the first phone call, has provided excellent service and knowledgeable service to reduce my charges from a DUI conviction to a Reckless driving. He maintained a positive attitude which calmed my nerves through this process. Mr. Valiente’s experience came into play especially when the State was not ready for my case, he provided them with the information they should have had which led them to agree to the terms without requiring another court date to be set. I have already referred Mr. Valiente to a fellow colleague.

Jason

Miami DUI Attorney

5/5