Multiple DUI Charges
Miami Multiple DUI Charge Attorneys
You’ve been there before: arrested for driving under the influence of drugs or alcohol. If you have been convicted previously, however, a subsequent arrest may result in felony charges and severe penalties, including fines, imprisonment, probation and the loss of your driving privileges. The surest way to fight back against multiple DUI offenses is to hire an experienced Miami DUI attorney.
Valiente, Carollo and McElligott PLLC is a premier criminal defense law firm located in Miami, has extensive experience defending clients against multiple DUI charges in Miami, Fort Lauderdale, West Palm Beach and throughout the state. Whether you have been arrested for a second, third, or fourth offense, we will fully explain all of your rights and the potential consequences of a conviction. Our legal team will work to achieve the best possible outcome — keeping you out of jail and getting you back on track.
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What is DUI?
In Florida, driving under the influence (DUI) is defined as either having a blood alcohol concentration (BAC) of .08 or higher, or not having normal use of your faculties while operating a motor vehicle. The BAC limit for commercial drivers is .04 percent. There is zero tolerance for drunk driving by minors — those under the age of 21 can be charged with DUI for having any detectable level of alcohol (.02 BAC) in their system. Finally, anyone can be charged with DUI for driving while impaired by prescription drugs or over-the-counter medication.
A first DUI offense is considered a misdemeanor, punishable by up to 6 months in jail and 1 year probation, fines up to $500, at least 50 hours of community service, participation in DUI school and a 10-day vehicle impoundment. The penalties are enhanced for having a BAC over .15 or driving under the influence with a minor passenger in the vehicle, as well as for subsequent convictions.
Penalties for Multiple DUI Offenses in Florida
The punishments for second or multiple DUI offenses are as follows:
- Second DUI — May also be charged as a misdemeanor, punishable by up to 9 months in jail, fines between $1,000 and $2,000, and a minimum 5-year license revocation if the first conviction occurred within 5 years. A hardship reinstatement may be available under certain circumstances. Additional penalties include vehicle impoundment for up to 30 days, installation of an ignition interlock device, DUI school and substance abuse treatment. The penalties are enhanced if your BAC is over .15 or an accident occurs, including up to one year in jail and financial restitution for any personal injuries or property damage that occurs.
- Third DUI — Considered a third-degree felony, punishable by up to 5 years in prison, fines between $2,000 and $5,000, and license revocation for up to 10 years. Penalties are enhanced for having a BAC of 0.15 or higher or causing an accident. Additional penalties include 50 hours of community service (or a fee of $10 per hour of community service), vehicle impoundment for up to 90 days, installation of ignition interlock device, DUI school and substance abuse treatment, and restitution for personal injury or property damage.
- Fourth DUI — A conviction for a fourth DUI or higher is a third-degree felony that carries severe penalties and may result in a lifetime license revocation and a habitual offender status on the individual’s criminal record. Punishable by up to 5 years of imprisonment (10 years in prison for a conviction as a habitual offender), up to 5 years probation, and fines between $2,000 and $5,000. Additional penalties include up to 50 hours of community service (or a fee of $10 per hour of community service), vehicle impoundment for up to 90 days, installation of an ignition interlock device, DUI school and substance abuse treatment, and restitution for personal injury or property damage.
- Multiple DUI under 21 — There is a no tolerance law for DUI by minors and an individual under the age of 21 can be charged with DUI for having a BAC of .02 or higher. A first arrest may lead to suspension of driving privileges for up to 6 months; a second or subsequent arrest can lead to a suspension for up to one year.
- Multiple Commercial Driver DUI — The BAC limit for a commercial driver is .04 and a second or subsequent DUI conviction could lead to the permanent revocation of a commercial driver’s license.
Multiple DUI Defense Attorney
If you have been arrested for a second or higher DUI offense, you are well advised to call the experienced attorneys at Valiente, Carollo and McElligott PLLC so that we can quickly mount an aggressive defense. Although a prior DUI record will weigh heavily against you, we have the knowledge and skill to level the playing field and assert any defenses available to you. This includes challenging the basis for your arrest as well as the results of any BAC or field sobriety tests. Above all, we will be totally honest about the potential consequences you face for multiple DUI convictions and work tirelessly to protect your rights.
Very grateful for your service, professionalism, and kindness. I have no words to express everything I feel. God bless you infinitely. Thank you for a very excellent service and even making me feel like family. If I ever need a lawyer again I will call you! Wishing you a lot of success in your career and continue to be that excellent lawyer and person you are. Thank you.
Miami Multiple DUI Defense Lawyer