Dedicated 24/7 To DUI Defense In Miami-Dade County, Florida

Probable Cause And DUI In Florida

When someone has been charged with DUI, they often believe that because they failed their blood alcohol content (BAC) test, they have already been “caught” and must submit to a guilty plea. However, practiced, vigilant counsel can be capable of making another determination that could potentially invalidate the entire case against the accused. This determination involves the lack of probable cause.

Probable cause is observable evidence that law enforcement must cite as their reasoning for taking action against a citizen. In terms of DUI cases, probable cause occurs in any number of ways.

Typical forms of probable cause in DUI cases include:

• Erratic driving (swerving, lane drift, etc.)
• Speeding
• Failure to obey traffic signs/lights
• An accident on the road

Contact us online or call 305-564-4329 today to request your free case review with a Miami DUI lawyer!

DUI Penalties In Miami, Florida

Driving is a privilege in Florida, not a right. In order to be granted a driver’s license, a person must first take a test and prove that they are knowledgeable and responsible enough to operate a motor vehicle.

Driving under the influence (DUI) of alcohol or drugs is considered proof that a person no longer deserves to have the privilege of driving. That is why the penalties for DUI can be very harsh.

First DUI Offense Penalties

• Fine of $500 – $1,000
• Jail sentence of up to 6 months or probation for up to a year
• Mandatory 50 hours of community service or an additional $10 fine for each hour of community service required
• Vehicle impoundment for 10 days
• License revocation for a minimum of 6 months

DUI with Minor First Offense Penalties

• Fine of $1,000 – $2,000
• Up to 9 months

Second DUI Offense Penalties

• Fine of $1,000 – $2,000
• Jail sentence of up to 9 months
• Minimum sentence of 10 days if convicted within 5 years of a first offense
• Vehicle impoundment for 30 days
• License revocation for a minimum of 6 months
  • 5-year revocation if convicted within 5 years of a first offense

DUI with Minor Second Offense Penalties

• Fine of $2,000 – $4,000
• Up to 12 months (if it’s been 5 years since last conviction)

Third DUI Offense Penalties

• Fine of $1,000 – $2,500
• Fine of $2,000 – $5,000 if convicted within 10 years of a first offense
• Jail sentence of up to 12 months
• Minimum sentence of 30 days if convicted within 10 years of a first offense
• Vehicle impoundment for 90 days if convicted within 10 years of a first offense
• License revocation for 5 years
  • 10-year revocation if convicted within 10 years of a first offense

DUI with Minor Third Offense Penalties

• Minimum fine of $4,000

Fourth DUI Offense Penalties

• Minimum fine of $1,000
• Jail sentence of up to 5 years
• Mandatory permanent license revocation (not eligible for hardship license)

Fight For Freedom From Your DUI Penalties In Miami

Speak with Beckham Solis, Attorneys at Law, today and learn how we can help you avoid the penalties of a DUI conviction. Whether this is your first DUI defense case or you have been convicted before, our attorneys can help. We have taken hundreds of cases to trial and can fight aggressively for a reduction of your charges or the dismissal of your case.

Our firm is also highly recognized for its excellence – we have an A+ rating with the BBB, have an attorney who is AV rated* through Martindale-Hubbell, and are members of the National Association of Criminal Defense Lawyers.

How Can I Fight My DUI?

If you believe there was no probable cause to pull you over before your DUI arrest, it is possible to file a motion to suppress, which could result in a dismissal of your case. However, even in these instances, it can be difficult to secure a dismissal: essentially, these cases become the accused’s word against the arresting police officer’s.

What can help support a motion to suppress? Witnesses to your driving can help establish what your driving behavior was like. These can include both passengers or other drivers or pedestrians who may have seen you driving. In rarer cases, security or traffic footage may be used to dispute behavior the officer claims to have seen you conduct before the arrest occurred.

Answering Your Questions About DUI

Driving Under the Influence (DUI) is a severe criminal charge, but there is a great deal about the process that you might not know. That’s why we at have gone ahead and pulled together some of the most common questions we get about DUIs.

When is a DUI a felony?

Most DUI charges in Florida are considered misdemeanors. However, some conditions would allow the state to charge you with a felony DUI, including:

• Being involved in an accident that caused bodily injury or death
• Having a 3^rd – or greater – DUI conviction within ten years of a previous conviction.

Anyone facing a felony DUI is at risk for over a year in prison. A felony conviction is also highly damaging to your criminal record.

Will a DUI show on a background check?

Yes, it will. Both DUI convictions and arrests can show up on a background check. This means that a single DUI can have long-term effects on your prospects.

Will a DUI affect employment?

Having a DUI conviction or arrest on your background check can affect your employment prospects – depending on your career. If, for example, you are a truck driver, a DUI may mean the loss of your CDL. It may make it harder to find new work in the future. You may see significant difficulty maintaining a regular work schedule if you lose your license because of a DUI conviction.

Can you get a DUI if you’re parked/not driving?

If you are parked in your vehicle, asleep at the wheel – or anywhere that you can be considered “in control of the vehicle” – the state can charge you with a DUI. The key here is how the state defines control of the vehicle, which means if you have your car keys on you and are anywhere in the car, you are in control.

What are the penalties of a DUI?

The basic penalties for a DUI are fines, jail time, license suspension and use of an ignition interlock device. However, the extensiveness of the fines, the length of your license suspension and jail time change depending on the severity of the DUI. You can see increased DUI penalties for a blood alcohol content over .15, multiple convictions and felony DUIs.

Should I submit to a field sobriety test?

You definitely should submit to a field sobriety test. Anyone who drives in Florida automatically consents to a field sobriety test. Refusing a test can automatically result in losing your license for at least 1 year.

Will I lose my license if I get a DUI?

Yes. Even for a first offense of a DUI, you can lose your drivers’ license for at least 180 days and up to a full year. With subsequent offenses, the period of license loss gets longer, and even can become permanent.

Will a DUI affect my citizenship application?

Any criminal conviction can have an adverse effect on your citizenship application. While this is a serious topic, it may not completely derail the application. It is in  your interest to vigorously fight a DUI charge when your citizenship is on the line.

Will a DUI affect a green card?

As it is a criminal conviction, it can have an effect on your green card. Once again, you may not lose your green card or immediately face deportation, you certainly can.

What’s The Difference Between A DUI And A Felony DUI?

Driving under the influence (DUI) is one of the most negligent, reckless and careless things that a person can attempt to do. Every year, thousands of people lose their lives in accidents caused by drunk drivers. The state of Florida does its best to discourage drunk driving through serious penalties, especially in cases of multiple DUI.

If you are convicted of three or more DUIs within a 10-year period, you will face a felony conviction and possibly time in prison. Your best option under this scenario is to hire an experienced Miami DUI attorney who can aggressively fight for you.

Florida’s Penalties For Felony DUIs

Third DUI within 10 years, or a fourth or subsequent DUI

• Third-degree felony
• Fine of up to $5,000
• Prison sentence of up to five years

DUI with Injury

• Third-degree felony
• Fine of up to $5,000
• Prison sentence of up to five years

DUI manslaughter

• Second-degree felony
• Fine of up to $10,000
• Prison sentence of up to 15 years

DUI manslaughter and failure to exchange information or render aid

• First-degree felony
• Fine of up to $10,000
• Prison sentence of up to 30 years

Contact Our Felony DUI Attorneys Today

When faced with charges of a felony, you cannot afford to wait to get legal guidance. Beckham Solis, Attorneys at Law, can provide the caring and capable representation that you need. We have deep roots in the community and practice only DUI in Miami-Dade County. Call 305-564-4329 or fill out our online contact form.

What Happens After Multiple Drunk Driving Offenses?

Upon a second DUI, an individual could face a fine of $1,000 to $2,000, a jail sentence of up to nine months, vehicle impoundment for 30 days, and license revocation for up to six months.

If charged with a third DUI, the fine increases to $1,000 to $2,500, the jail sentence can be up to 12 months, and the license suspension can be up to five years.

A fourth DUI will result in a minimum fine of $1,000, a jail sentence of up to five years, and a mandatory license revocation for life. These penalties increase even more if the conviction occurs within 10 years of the person’s first DUI. It is important to know that if this happens, the charge will change from a misdemeanor to a felony. This will result in a 15-year prison sentence and a $10,000 fine.

If You’re Under The Age Of 21, We Can Help With A DUI Charge

If you are charged with a DUI under 21 in Florida, you could be facing frightening and serious consequences. It is illegal for a person under 21 to purchase and consume alcohol, much less get behind the wheel of a vehicle while under the influence. The state of Florida has a zero tolerance policy for those under 21 who are believed to have been operating a vehicle while under the influence of drugs or alcohol.

Drivers under suspicion of DUI must submit to breath and blood tests. As a part of the zero tolerance policy for underage drivers, the maximum blood alcohol content (BAC) is .02%, far lower than the .08% for drivers at 21 or older. Essentially, you could be arrested by consuming just one ounce of alcohol.

What Is The Penalty For Conviction Of DUI Under 21?

If you are found guilty of underage DUI, the penalties imposed will have a heavy impact on your future. In Florida, the punishments for under 21 drivers on a first offense will include:

• Mandatory six-month license suspension
• Mandatory alcohol education
• Community service
• Fines

You may have a viable defense case, based upon wrongly administered breath or blood tests, police errors or rights violations, faulty testing units or other factors. In the event that you are charged with an under 21 DUI, it is important that you retain legal representation right away. As an underage driver, it could not be more important that you have a skilled lawyer on your side.

Trust A Knowledgeable Hit-And-Run DUI Lawyer

Hit-and-run crimes in Florida can be considered a felony according to Florida Statute § 316.062, which states a driver’s duty to give information and render aid, and § 316.027, which requires the same for any accident resulting in death or personal injury.

Additionally, § 316.061 applies to accidents involving occupied vehicles or attended property and § 316.063 involves damaging an unattended vehicle or property.

During a DUI accident, an individual can face a first-degree felony conviction if they are accused of leaving the scene of a DUI accident without giving information or rendering aid. The only condition is that they must have been aware or had reason to be aware that the accident occurred. Felonies of the first degree can result in a fine of up to $10,000 and may land you in prison for up to 30 years. Make sure that you have an aggressive and skilled Miami DUI attorney on your side if you are facing charges.

1,000+ Clients Defended – See How We Can Help You

We waste no time in creating an aggressive strategy that can help save your license, protect your freedom, and safeguard your future. From meticulous investigations to challenging breathalyzer results or questioning police tactics, we do everything possible to champion your side of the story.

Whether you have been arrested due to refusing a breathalyzer test, failing a field sobriety test, or at a sobriety checkpoint, do not think you have to face your charges alone. You can find aggressive, effective, and strategic defense representation at Beckham Solis, Attorneys at Law.

DUI Defense In Miami-Dade County

Contact a Miami DUI lawyer from Beckham Solis, Attorneys at Law, right away to learn what our skilled firm can do to defend your case. We have taken more than 100 cases to trial and are more than capable of handling your case before a judge and jury. We offer a free case evaluation, so you have nothing to lose by speaking with an attorney today!

At Beckham Solis, Attorneys at Law, we specifically handle DUI cases exclusively in Miami-Dade County. We have more than 35 years of combined experience and our attorneys have been recognized for their knowledge and experience in the DUI defense arena. Our firm is more than capable of answering any questions that you may have about your experience, your case, or the DUI process.

To get started, call 305-564-4329 or fill out our online contact form.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.