DUI Defense - Miami DUI Lawyers
Each Miami DUI lawyer at DMT has successfully representing clients arrested and charged with a Miami DUI. DUI is a common offense that occurs to many individuals across all walks of life. The implications of a DUI conviction can be more far reaching than that of a felony conviction. While a DUI is only a misdemeanor, the Miami DUI lawyers at DMT recommend that you seek out a defense lawyer with many years of experience in defending DUI cases. Our Miami DUI attorneys will use their 40 years of combined experience to fight your DUI case. Initially, a person may think, "why fight the case, I was drinking and driving." As bleak as your situation seems, there are always defenses to a Miami DUI criminal case. Let a Miami DUI lawyer at DMT give you a fighting chance.
Why choose DMT to be your Miami DUI lawyer?
DMT has years of experience defending DUI and BUI (boating under the influence) cases. We use our combined 40 years of experience to vigorously defend these alcohol related driving and boating offenses. We have successfully defended hundreds of DUI cases in the Miami and South Florida area. Anyone arrested for DUI must understand that each case is different due to the subjective nature of these types of cases. Despite our success in defending DUI and BUI cases, the Miami criminal defense firm at DMT can offer no promises as to the end result. Each DUI is different, depending on the many factors (i.e., the law enforcement agency and in particular the officers making the arrest, whether law enforcement obtained a breath reading and the results of that breath reading, whether the driver performed roadside exercises, whether any statements were provided by the driver and whether there were witnesses to the alleged DUI).
To defend your case, you need a Miami DUI defense lawyer at DMT to protect your rights. Over the years, we have gained the knowledge necessary to evaluate and defend intoxication cases. Our experience allows us to determine the strengths and weaknesses in all DUI and BUI cases. Each Miami DUI attorney at DMT is a former DUI prosecutor, which gives us the insight into how the prosecutor intends on building and proving a DUI case against you. At DMT, we are confident in our ability to defend DUI cases. The majority of our clients receive dismissals or receive plea offers to lesser offenses, such as reckless or careless driving.
A DUI Conviction is Permanent and Life-Changing
Although a DUI is a misdemeanor, it often carries penalties that are more onerous and far-reaching than a felony. A conviction by way of plea or trial to a DUI will lead to a permanent criminal record. Other possible penalties that come with a DUI are jail time, probation, driver's license suspension, community service hours, vehicle impoundment, ignition interlock, fines and court costs. The DUI penalties that go along with a conviction can be increased depending on the level of the breath of alcohol reading and how many prior DUIs an individual has on their record. The most serious impact of a DUI is that it is considered to be a conviction under Florida law. A DUI conviction will preclude you from ever sealing or expunging your record. Unfortunately, you will carry the DUI conviction until the day you die. Let our Miami DUI attorneys prevent this from happening to you.
Defending the Criminal Case
To prove an individual guilty of a DUI, the prosecutor must prove that the person charged was: 1) in actual physical control of the motor vehicle, and 2) was driving while their normal faculties were impaired or 3) was driving with an unlawful breath or blood alcohol level of .08 or greater.
Of course, the best defense to a DUI arrest is to refuse to submit to a breath test and the field sobriety exercises. The first line of defense in a Miami DUI case is to show that the police officer violated your rights by making an illegal stop. If it can be shown that the officer stopped you without a reasonable suspicion that you committed a traffic offense, all other subsequent evidence obtained by the police officer will be suppressed, including the results of your breath test or roadside exercises. Each Miami DUI lawyer is highly skilled in the law involving illegal stops and arrests in DUI and BUI cases.
Field Sobriety Exercises
Assuming the officer had grounds for a legal stop, a Miami DUI defense lawyer at DMT can challenge the admissibility of the field sobriety exercises. Field sobriety exercises will be suppressed, if the police officer did not give you the option to refuse to take them. Keep in mind that field sobriety tests are subjective and many times the officers are not qualified to give them and the results are meaningless.
Even if a breath reading was obtained, our Miami DUI defense team leaves no stone uncovered. We check the maintenance records of the breath machine used to determine whether or not it was functioning properly at the time the breath test was administered or whether the machine had recently received maintenance prior to the breath test. The police officer is also required to follow other rules when giving the breath test such as: a 20 minute observation period before performing the test, correctly reading the implied consent law and correctly calibrating the machine. Any shortfalls in the procedure can lead to the suppression of the breath results. Just because you have a high breath reading, do not lose hope. Each Miami DUI attorney at DMT has won cases with high breath readings.
Even in a DUI case, you have the right to remain silent. Do not make any spontaneous statements to the police; they may be admissible against you. Once at the police station, the officer will read you Miranda rights. Refuse to answer any questions and request the assistance of a Miami criminal lawyer. If the officer illegally obtains any statements against you, a DUI lawyer at DMT will get them suppressed, so they will not be admissible against you.
If all else fails, the Miami DUI lawyers at DMT are ready to take your case to trial. Above and beyond everything else, we are trial lawyers at DMT. We excel in jury selection and cross-examining police officers. We have tried dozens of DUI trials to verdict with an 85% success rate. Our experience and knowledge of DUI enables us to raise reasonable doubt in any case. With any trial, comes risk. With that knowledge, we will expend all efforts in resolving you case favorably, prior to taking the case to trial. The criminal defense team at DMT will guide you every step of the way.
Administrative Driver's License Suspension
If an individual is arrested for DUI, a driver's license suspension will result, if the person arrested has a blood alcohol level in excess of .08 or refuses to submit to a breath, urine or blood test. If your license is suspended, you can appeal the suspension within 10 days of your arrest by requesting a formal review with DHSMV (Department of Highway Safety and Motor Vehicles). If you appeal, you will receive a temporary permit, which allows you to drive until your hearing date. A Miami DUI defense lawyer at DMT will appear at the hearing and attempt to get the suspension invalidated. If DMT is successful at the hearing, you will be entitled to have your license reinstated immediately. If the DHSMV hearing is lost, your license can be suspended between 6 and 18 months depending on the reason for the suspension. Even if the suspension is upheld, you will most likely be entitled to a hardship license, which enables you to drive for employment purposes.
To speak with a skilled Miami or South Florida DUI lawyer at DMT, or if you have questions regarding your DUI or BUI case that need to be answered, please contact DMT to schedule your free consultation. You can call our office at (305) 444-0030 or contact us online.
- Drastic Changes for DUI Cases The state attorney's office has finally come to its senses and realized that first-time DUI offenders should not be scarred with a permanent criminal ....
- Homestead Man Pleads Guilty to DUI Manslaughter Charges A local man entered a guilty plea in circuit court to three counts of DUI manslaughter. DUI manslaughter is a second degree felony punishable up to ....
- Local Public School Teacher Charged with DUI A local South Florida elementary school teacher was arrested on August 4, 2010 for the offense of driving under the influence (DUI) and other felony ....