Miami DUI Lawyer
Facing DUI charges in Miami? You need an experienced and aggressive Miami DUI attorney on your side. At Padula Law, we understand the complexities of DUI cases and are dedicated to protecting your rights.
Michael Padula, founder of Padula Law, brings a unique perspective to DUI defense. He has an insider’s understanding of the legal system, due to his experience as a prosecutor and his work in the Department of Justice
Now in private practice, Michael focuses solely on defending individuals facing criminal charges, including DUI. He is committed to providing personalized and strategic representation to help you achieve the best possible outcome.
Understanding Florida DUI Laws
Florida has strict DUI laws with serious consequences. It’s crucial to understand what you’re up against:
- Legal Limit: Driving with a blood alcohol level (BAL) of .08% or higher is illegal in Florida. For drivers under 21, there’s a zero-tolerance policy (.02% BAL).
- Implied Consent: By driving in Florida, you automatically consent to a breath, blood, or urine test if an officer suspects you’re driving under the influence. Refusal can lead to an automatic license suspension.
Navigating these laws and potential defenses can be complex. It’s essential to have an experienced Miami DUI attorney who can protect your rights and guide you through the legal process.
Penalties for DUI in Miami
A DUI conviction in Miami can lead to severe consequences, including:
- First Offense:
- Fines ranging from $500 to $1,000 (higher if BAL is .15% or above, or a minor was in the vehicle)
- Up to 6 months imprisonment (9 months if BAL is .15% or above, or a minor was in the vehicle)
- Impoundment (or immobilization) of vehicle for 10 days
- License revocation for up to one year
- Second Offense:
- Increased fines (up to $4,000)
- Longer imprisonment (up to one year)
- Impoundment (or immobilization) of vehicle for 30 days
- License revocation for a minimum of 5 years if the second offense is within five years of the first conviction
- Third Offense:
- Even higher fines (up to $5,000)
- Mandatory 30 days imprisonment if the third conviction is within 10 years of a prior conviction
- Up to 12 months imprisonment
- Impoundment (or immobilization) of vehicle for 90 days in the third conviction is within 10 years of a prior conviction
- License revocation for a minimum of 10 years if the third offense is within ten years of the second conviction
- Fourth, or Subsequent Offense:
- Minimum fine of $2,000 (minimum of $4,000 if BAL is .15% or above, or a minor was in the vehicle)
- Increased imprisonment (up to 5 years)
- Permanent license revocation
Other penalties, or requirements, you may face depending on the circumstances of your case could include:
- DUI School
- DUI supervision program
- Mandatory ignition interlock device
- No alcoholic beverage consumption for 12 months
Please note, these are just some of the potential penalties. Aggravating factors like causing an accident or property damage, having a high BAL, or having a minor in the vehicle can lead to harsher consequences.
Long-Term Consequences of a DUI Conviction
Beyond the immediate penalties, a DUI conviction can have lasting repercussions:
- Increased Insurance Rates: Your insurance premiums will likely skyrocket, and you may even have difficulty finding an insurer willing to cover you.
- Employment Difficulties: A DUI conviction can show up on background checks, potentially hindering your job prospects or even leading to job loss.
- Travel Restrictions: Some countries may deny entry to individuals with a DUI conviction on their record.
- Social Stigma: A DUI can damage your reputation and affect your personal relationships.
- Financial Hardship: The combined costs of fines, legal fees, increased insurance premiums, and potential loss of income can create significant financial strain.
Don’t let a DUI define your future. Our DUI defense attorney can help you understand your options and fight for the best possible outcome.
Why Choose Padula Law?
- Former Prosecutor’s Insight: We know how the other side thinks.
- Extensive Legal Experience: From the local to the federal level.
- Aggressive Defense Strategies: We fight tirelessly for your rights.
- Personalized Attention: Your case is our priority.
Don’t face DUI charges alone. Contact Padula Law today for a free consultation by calling (305) 701-9296.
Frequently Asked Questions For Our Miami DUI Lawyer
What should I do immediately after being arrested for a DUI in Miami?
After a DUI arrest, it's crucial to contact a DUI lawyer as soon as possible. They can advise you on your rights and help you navigate the legal process.
What happens if I refuse to take a breathalyzer test in Miami?
Refusing to submit to a breathalyzer test in Florida will result in an automatic license suspension. Under Florida’s "implied consent" law, you are consenting to take a breathalyzer test when asked by law enforcement.
How can a Miami lawyer help me with my DUI case?
A DUI lawyer can help you understand your rights, investigate the circumstances of your arrest, negotiate with the prosecutor for a reduced sentence, and represent you in court.
How much does it cost to hire a DUI lawyer in Miami?
The cost of a DUI lawyer varies depending on the lawyer's experience, the complexity of your case, and whether the case goes to trial.
Will I go to jail for a DUI in Miami?
Jail time is possible for a DUI, even for a first offense. The likelihood of jail time depends on factors such as BAL, if an accident occurred, or if minors were in the car.
How long will a DUI stay on my record in Florida?
A DUI conviction will remain on your driving record for 75 years in Florida.
In Florida, can I get my DUI expunged from my record?
Florida law does not allow for DUI convictions to be expunged or sealed from your record.
In Florida, what is the difference between a misdemeanor and a felony DUI?
In Florida, a first-time DUI is typically a misdemeanor. However, a DUI can become a felony under certain circumstances, such as having multiple prior DUI convictions or causing serious bodily injury to another person while driving under the influence.
Can I get my Florida driver's license back after a DUI suspension?
You may be able to get a hardship license, which allows you to drive to work, school, or medical appointments, after a certain period of suspension.
In Florida, how long will it take to resolve my DUI case?
The time it takes to resolve a DUI case varies depending on the complexity of the case and the court's schedule.