First Offense DUI Lawyer in Miami
At Beckham Law Firm, we understand how overwhelming a first-offense DUI charge can be. Whether this is an unexpected consequence of a simple mistake or a complex legal issue, we are here to guide you with compassion and professionalism. Located in the heart of Miami, our firm leverages deep local insights and seasoned legal experience to help you navigate Miami-Dade County’s legal framework. Our goal is to protect your rights, your reputation, and your future.
Understanding First Offense DUI in Miami: The Basics
Being charged with a first-offense DUI in Miami comes with its own set of challenges and consequences. Florida takes DUI offenses seriously, and even a first-time charge can lead to severe penalties. Understanding the specifics of a first offense DUI in Miami can empower you to make informed decisions about your defense strategy.
- License Suspension: A first offense DUI can lead to a driver’s license suspension of 6 to 12 months.
- Fines & Penalties: Fines can range from $500 to $1,000, with additional court costs and fees.
- Jail Time: First-time offenders may face up to 6 months in jail, depending on the circumstances.
- Probation: Up to one year of probation is possible.
- Education & Treatment: Completion of a DUI education program and possible substance abuse evaluation and treatment may be required.
In addition to these state-imposed penalties, a DUI conviction can also result in collateral consequences, such as increased insurance rates and a permanent criminal record. These can affect employment opportunities, travel permissions, and even housing applications. Understanding these broader impacts is crucial, as they highlight the importance of a robust defense strategy to help mitigate not only immediate legal ramifications but also long-term personal and professional consequences.
Hire an experienced Miami DUI attorney who can aggressively fight for you. Contact us online or by calling (786) 244-8010 today!
Reasons to Hire a First Offense DUI Attorney in Miami
Hiring a first offense DUI attorney in Miami is crucial due to the complex nature of these cases and the severe penalties involved. At Beckham Law Firm, our attorneys bring a unique blend of backgrounds, including experience as former prosecutors and public defenders, offering you a comprehensive defense strategy that anticipates the prosecutor’s approach.
Local Knowledge & Insight: Our team’s deep connection to the Miami community means we understand the specific nuances of local DUI regulations and court systems, which can be instrumental in your defense.
Customized Defense Strategies: We do not believe in a one-size-fits-all approach. Instead, we tailor our defense strategies based on the specifics of your case, aiming to minimize potential consequences and achieve favorable outcomes.
Furthermore, engaging a local attorney familiar with Miami-Dade's legal landscape can provide a strategic advantage during negotiations. Our familiarity with local prosecutors and judges allows us to tailor our arguments effectively, potentially reducing charges or obtaining alternative sentencing. This strategic advantage could make a significant difference in the resolution of your case.
The DUI Legal Process: What to Expect
Navigating the legal process after a DUI arrest can be daunting, but understanding what to expect can ease this burden. Here’s a breakdown of the DUI process in Miami:
- Arraignment: Shortly after your arrest, an arraignment will be scheduled, where charges will be formally read, and you will enter a plea.
- Pre-Trial Motions & Hearings: These may involve negotiations with the prosecutor, filing motions to suppress evidence, or requesting a hearing to contest your license suspension.
- Trial Date Set: If your case goes to trial, a date will be set where evidence will be presented in front of a judge or jury.
- Post-Trial Motions: If found guilty, there might be options to file additional motions or seek an appeal.
The pre-trial phase can also include discovery, where both sides exchange evidence and information. This phase is crucial for building a strong defense and often involves your attorney filing motions to exclude certain evidence based on legal arguments. Successfully navigating these pre-trial components may result in reduced charges or even dismissal, showcasing the importance of experienced legal guidance throughout the process.
Miami Resources for DUI Offenders
For individuals dealing with a first offense DUI in Miami, accessing local resources can be an important step in addressing legal and personal challenges.
- Florida Department of Highway Safety and Motor Vehicles (DHSMV): Information on license reinstatement.
- Miami-Dade County Court System: Access to court locations and proceedings information.
- Alcohol & Drug Treatment Services: Listings of local programs for mandatory evaluations and treatment, like Miami Counseling Services.
Additionally, support groups such as Alcoholics Anonymous offer community and support for those seeking to avoid further DUI incidents. Engaging in such resources not only aids personal growth and recovery but can also be viewed favorably by courts and prosecutors as a sign of sincerity and proactive behavior, potentially influencing the outcome of your case.
FAQs: Navigating a First Offense DUI in Miami
What Should I Do After a DUI Arrest in Miami?
Immediately after a DUI arrest, it’s essential to remain calm and courteous to law enforcement. Do not admit guilt or make any statements without your attorney present. Your next critical step is contacting an attorney who focuses on DUI charges. At Beckham Law Firm, we offer a free consultation to discuss your next steps, which you can schedule by calling (786) 244-8010.
Can I Avoid License Suspension After a First Offense DUI?
Florida law mandates that your license will likely be suspended upon a DUI charge, but there are ways to contest this. By requesting a formal hearing with the DHSMV, you might challenge the suspension and potentially reinstate your license under certain conditions. In some cases, Florida allows for a “hardship license,” which may be used for work, school, or religious purposes. Our attorneys in Miami can guide you through this process and represent your interests at the hearing.
How Can a First Offense DUI Attorney Help My Situation?
A first offense DUI attorney in Miami can critically analyze each aspect of your arrest and charges, identifying weaknesses or errors in the prosecution’s case. For instance, they may challenge the validity of the traffic stop, breathalyzer accuracy, or arrest procedures. This could result in reduced penalties or even dismissal of charges. At Beckham Law Firm, we possess a unique insider view from our team’s backgrounds as prosecutors and public defenders, allowing us to anticipate and counter prosecutorial tactics effectively.
What Are the Long-term Effects of a DUI Conviction?
A DUI conviction can have far-reaching consequences beyond immediate legal and financial penalties. It may impact your employment, professional licenses, and even personal life due to social stigma. Understanding these implications and proactively addressing them with a sound legal strategy is crucial. Our firm offers comprehensive assistance in managing these potential impacts, including record sealing or expungement options where applicable.
Additionally, the presence of a DUI on your permanent record may affect your ability to travel internationally and could influence custody arrangements in family law cases. Addressing these potential challenges early through legal counsel ensures you are aware of and prepared for any hurdles you might face as a result of a DUI conviction.
Are There Programs to Reduce DUI Sentencing in Miami?
Yes, Miami offers several programs aimed at reducing DUI sentencing through rehabilitation rather than punishment. These may include substance abuse programs, community service, and DUI school. Completing such programs can lead to reduced penalties. At Beckham Law Firm, we emphasize a solution-focused approach to DUI charges, advocating for program participation as part of our defense strategy when beneficial to our clients.
Participation in these programs not only aids personal rehabilitation but also demonstrates to the court a commitment to corrective behavior, which can be influential during sentencing. Our legal team will explore all possibilities of integrating such programs into your defense strategy, working towards a resolution that considers both the legal and personal aspects of your life.
Take the Next Step with Beckham Law Firm
Your first DUI offense doesn't have to define your future. At Beckham Law Firm, we are passionate about defending your rights in the aftermath of a DUI charge. Our team’s extensive legal experience within the Miami community ensures a robust and strategic defense tailored to your unique circumstances.
Don’t let this turn of events overwhelm you—reach out today at (786) 244-8010 to schedule your free consultation. Let us stand by you and fight for your rights, your reputation, and your peace of mind.
VICTORY BEGINS WITH Beckham Law Firm
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The State DISMISSED the DUIAt 3:12 AM, Police observed the Defendant accelerate through a stop sign and across an intersection. Upon stopping the Defendant’s vehicle, Police smelled a strong odor of alcohol emitting from the vehicle and asked the Defendant to step out. The Defendant had a flushed face and bloodshot eyes and agreed to perform roadside exercises. After failing to perform the exercises to standard, the Defendant was arrested and refused to blow into the breath machine to determine his blood alcohol level.
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The State DISMISSED the DUIAround midnight, Police were operating a checkpoint on Coral Way near 27th Avenue. The Defendant entered the checkpoint, and displayed bloodshot eyes and slurred speech. She also had difficulty balancing when she stepped out of the vehicle, and could not complete the roadside exercises safely. Police arrested the Defendant for DUI, and the Defendant later admitted to drinking wine earlier that night at a party with friends. The Defendant blew .152 and .143 into the breath machine.
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The State DISMISSED the DUIAt 8:45 pm, the Defendant was observed driving 20mph in a posted 45 mph area, as well as failing to safely maintain within a single lane. The officer conducted a traffic stop and noticed the Defendant had glassy eyes, an odor of an alcoholic beverage coming from her breath, and slurred speech. The Defendant performed the standardized field sobriety tests but did not meet the standards and was placed under arrest. The Defendant provided breath samples of .188/.186.
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The State DROPPED the DUIAt 12:04 am, officers observed the Defendant make an improper right turn as the Defendant went into the left lane, rather than the proper right lane when she made the right turn. The Defendant was further observed as she swerved into a sidewalk, and then abruptly turned back into the driving lane, colliding into the rear of a parked vehicle. The officers went to check if she was okay, at which time they noticed the Defendant had bloodshot, watery eyes, and a strong odor of an alcoholic beverage was emanating from her breath. The Defendant agreed to perform the field sobriety exercises, but was unable to perform the exercises to standard. The Defendant was arrested, and while being transported to the station, she spontaneously stated that she had only had a few beers. The Defendant provided breath samples of .151/.149 into the breathalyzer.
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The State DROPPED the DUIAt 11:55 pm, an officer observed the Defendant come to a complete stop in his westbound lane without reason as there were no stop signs, signals, or pedestrians. The Defendant stayed stopped for a moment and then continued on. The vehicle that was behind the Defendant’s vehicle flagged down the officer and told him that the Defendant had been weaving all over the road and that he was scared the Defendant would crash. The officer began to pursue the Defendant and at the green light, the Defendant made a wide left turn and entered the right lane without using his turn signals. The Defendant almost hit the cars parked on the street and violently jerked his vehicle twice. The Defendant almost struck a curb and had to abruptly swerve into the correct lane. The officer finally turned on his emergency lights to signal the Defendant to stop. The Defendant, however, only slowed down and continued driving until the officer got on his p.a. system to tell him to stop. When the Defendant finally stopped and the officer approached him, the officer noticed the Defendant had bloodshot red eyes, and a noticeable odor of an alcoholic beverage coming from his breath. The Defendant told the officer that he had a firearm in his center console. The officer asked the Defendant to step out of the vehicle, and as he did so, the Defendant lost his balance getting out of the car. The Defendant spoke with a slurred speech and did not go where he was directed, even after multiple attempts of telling him where to go, the Defendant only seemed confused. The Defendant was offered to complete the standardized field sobriety exercises which he did not perform to standards, leading to his arrest. The Defendant further refused to blow into the breathalyzer.
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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
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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.
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How Can I File a Motion to Suppress?
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.
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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.
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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.
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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.
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Is My DUI Arrest Valid?
If You Answer “YES” to Any of the Questions Below, You May Have An Excellent Defense To Your DUI Case
Regarding The Stop
Did the police pull you over for no reason?
Did the police tell you a reason, but issued you a citation for a different reason?
Was your vehicle parked when the police first came in contact with you?
Did you pull over as soon as you became aware you were being stopped?
Did you pull over without weaving or swerving?
Were you stopped by the police at a DUI checkpoint?
Were you outside the vehicle when the police arrived?
Regarding The Field Sobriety Tests
Did the police officer fail to inform you that the field sobriety tests are voluntary?
Did nervousness or exhaustion affect your performance on the field sobriety tests?
Did you have any physical problems, which would affect your performance on the field sobriety tests?
After you were placed under arrest, did the police read you your Miranda warnings?
Were the field sobriety tests performed close to or on the roadway?
Did the officer administer the tests on a surface which was not well lit, clean and flat?
Did you perform the tests with high heels on?
Regarding The Breath Test
Did the police “persuade” you into taking the breath test?
Did the police tell you to “keep blowing” during the breath test?
Did the police need several breathalyzer attempts to get a final reading?
Did the police fail to observe you for 20 minutes prior to the test?
Were you wearing removable dentures during the breath test?
Did you consume your last alcoholic drink within one hour of taking the breath test?
Is your breath reading below a .11?
Is there a variation in the breath readings?
What Should I Do If I Face a Criminal Charge?
The criminal courts in Miami-Dade County have their own procedures, prosecutors,
and judges. Familiarity with these local dynamics can give your defense a significant
edge. A Doral criminal defense attorney understands the nuances of the regional court
system, giving your case the tactical advantage it needs.
Why Partner with Beckham Law Firm?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
Stay In The Know
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The effects of heat and dehydration on your blood alcohol content -
Sleeping in a car while under the influence can get you a DUI
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Does implied consent apply to DUI stops in Miami?
Beckham Law Firm's Blog
Want all the latest news or updates? Browse through our blog to read our most recent posts and featured articles.
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The effects of heat and dehydration on your blood alcohol content
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Sleeping in a car while under the influence can get you a DUI
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Miami’s breakup with spring break and its DUI crackdown
hear how we made a difference
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"They went above and beyond with closing everything in a timely manner."
The staff at Beckham Solis did an amazing job handling my case. They went above and beyond with closing everything in a timely manner. They were very reasonable with pricing and very flexible with payment. Barbara was very helpful answering any questions or concerns that I had. I highly recommend these law professionals to handle any legal matters you may need resolved.
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"They made a difficult situation better."Few years back I ran into some legal trouble and was recommended to Beckham Solis by a friend. I had never had to deal with any of this so, it was quite terrifying, to be honest. I walked into his office a nervous wreck, walked out confident and taken care of. Great service. Answers all calls whenever you need help and advice; they made a difficult situation better. I greatly recommend this firm the best !- Carlens E.
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"Great response rate, amazing customer service."Beckham Solis, Attorneys at Law, has always been available to answer all my questions. They offer a great response rate, amazing customer service, and a team that genuinely cares about its clients. Thank you, everyone, for everything!- Fabrizio Q.
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"Professional, attentive, and efficient."Service has been top-notch since February. Beckham Solis, Attorneys at Law, are professional, attentive, efficient, experienced, and qualified. My case was quickly resolved, and I'm very thankful. Extremely happy with the outcome and highly recommend this firm.- Carolina G.
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"Experience, expertise, and support."I worked with Beckham Solis, Attorneys at Law, for two years. Their experience, expertise, and support helped me make the best decision to save my life. I was facing serious time, but it was all adjudicated. They got me out of the worst time of my life. Th- J.D.
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"Knowledgeable, skilled professionals!"I'm so happy I found these lawyers on the Internet. I was very nervous and scared when I walked into the office, thinking a bad outcome could change my life drastically. They were able to get my case dismissed! I highly recommend Beckham Solis, Attorneys a- Leonel D.
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"Thanks to their experience and hands on attitude my case was dismissed."
I highly recommended Beckham & Solis, for a top notch professional & straight forward criminal defense representation. They are fast, on point & available at anytime. Thanks to their experience and hands on attitude my case was dismissed. It is a total life changer. Thanks so much to the whole team you are the Best!
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