DUI: Frequently Asked Questions

Beckham Solis, Attorneys at Law practices driving under the influence (DUI) defense only exclusively in the Miami-Dade County. Our partners have over 60 years of combined experience and are recognized for their knowledge and experience in DUI defense. Our firm is more than capable of answering any questions that you may have about our experience, your case, or the DUI process.

Questions About Our Firm & DUI Defense

Do you speak Spanish?

Yes, we are fluent in both written and spoken Spanish.

The police just arrested my friend for DUI. How do I get him / her out of jail?

Call an attorney or a bondsman. The amount of the bond will depend on the severity of the alleged crime. For lesser crimes or for individuals with no prior record, the court may not require a bond and may release the individual on pre-trial services. Otherwise, you will need someone to post 10% of the total bondable amount set by the court. For a standard DUI, the bond amount is $1500.

I've just gotten out of jail for DUI. What do I do next?

Once you are out of jail, you will have two separate "cases" to deal with:

• The suspension of your license by the Florida Department of Motor Vehicles (DMV)
• Your criminal case, handled by the Dade County State Attorney's Office

In order to fight your license suspension, you must file for a formal administrative review with the DMV within 10 days of your arrest. A lawyer can help you with this paperwork and can later represent you in front of the DMV during the formal review. This is separate from the DUI criminal case with the State Attorney's Office, but oftentimes it is a more important step toward getting your license back or obtaining a hardship license.

What penalties am I facing regarding my driver's license? What penalties am I facing in the criminal court?

In criminal court, you will be facing up to one year in jail for a DUI conviction. You could be facing more time depending on the charges and the nature of the facts in your case.

Depending on the case and whether or not you submitted to the breathalyzer, you will be facing at least a 90-day license suspension. There are several potential punishments for each individual case. For example, if you refuse the breathalyzer for a second time, your license could be suspended for 18 months without the possibility of a hardship license.

Does it matter if I hire a lawyer?

YES. A lawyer can begin to work on your defense immediately and can let the state attorney and DMV know that you are serious about defending your case. Memories fade over time, and critical witnesses can be lost, which is why it is important to have an attorney helping you from the beginning.

Every person who is arrested has the choice to represent themselves without a lawyer; however, we have seen countless situations where, by merely hiring an attorney, things change for the better. Considering the various implications regarding your license and possible suspensions, it is crucial to hire a lawyer sooner rather than later.

How much will this cost?

Every case is different. Just like everything in life, "you get what you pay for." You will choose your attorney based on what is most important to you and according to your financial situation. We will always make our most competitive offer to earn your business based on the case and your possible defenses.

How many DUI cases have you handled?

We have defended more than a thousand DUI charges. As former public defenders, we handled large caseloads for years at a time in multiple Dade County courtrooms. Together, we have appeared before every Dade County DUI judge on the bench. Please see our previous cases for a small sampling of the cases we have handled.

How many trials have you handled?

Our combined experience includes more than 100 trials. With our clients' approval, we push EVERY case to trial. Trial is the best part of our job.

How long will it take until my case is resolved?

It is our goal to resolve your case as soon as possible; however, a case will usually take at least a few months to be properly resolved depending on the complexity of the issues and the amount of work to be done.

Will I have to go to court?

We will do everything we can to keep you out of the courtroom as much as possible. For most DUI cases, we can appear in court for you and even resolve your case without your presence.

Will you be available to me?

Yes. You will find it is very unique that we give all our clients our personal cell phone numbers for 24 / 7 access. We are selective in who we choose to defend and we provide a high level of service and accessibility to our clients.

How will you try to win my case?

There are several ways to obtain a dismissal in a DUI case. The most important thing you can do is to hire a firm that is familiar with the various issues, cases, and legal precedents that will help your case. During our first meeting with you, we will provide an in-depth questionnaire for you to fill out in order to preserve some issues you might forget later.

Questions About the DUI Process

What signs of drunk driving do police officers look for?

According to research by the National Highway Traffic Safety Administration (NHTSA), the following driving behaviors are common indications that the driver is intoxicated:

• Turning with a wide radius
• Straddling center of lane marker
• "Appearing to be drunk"
• Almost striking object or vehicle
• Weaving
• Driving on other than designated highway
• Swerving
• Speed more than 10 mph below limit
• Stopping without cause in traffic lane
• Following too closely
• Drifting
• Tires on center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Signaling inconsistent with driving actions
• Slow response to traffic signals
• Stopping inappropriately (other than in lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off

However, speeding is not considered a sign of driving while intoxicated. Drunk drivers do not have the quick reflexes necessary to speed without crashing.

What should I tell a police officer if he stops me and asks if I've been drinking?

You are not legally obligated to answer a question that could be incriminating against you. You may politely respond that you would like to speak with an attorney before answering any questions. However, it is not incriminating to say you had one or two beers; that would not be enough to get you drunk. In fact, if the officer smells alcohol on your breath, this explanation might prove satisfactory

What signs of intoxication does an officer look for after he pulls someone over?

The traditional symptoms of intoxication taught at the police academies are:

• Flushed face
• Red, watery, glassy and / or bloodshot eyes
• Odor of alcohol on breath
• Slurred speech
• Fumbling with wallet trying to get license
• Failure to comprehend the officer's questions
• Staggering when exiting vehicle
• Swaying / instability on feet
• Leaning on car for support
• Combative, argumentative, jovial or other "inappropriate" attitude
• Soiled, rumpled, disorderly clothing
• Stumbling while walking
• Disorientation as to time and place
• Inability to follow directions

What should I do if I am asked to take field sobriety tests?

There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Romberg's Test), fingers-to-thumb, hand pat, and other tests. Most officers will conduct three to five of these tests.

Although you are legally obligated to submit to a chemical test, you are not legally required to submit to a field sobriety test. In fact, submitting to a FST might add to the evidence the officer will use against you.

Recently, many states have begun following the federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests (SFSTs). These consist of a battery of three tests:

• Heel-to-toe (also referred to as "walk and turn")
• One-leg stand
• Horizontal gaze nystagmus

All other field sobriety tests are disapproved. Also, unlike non-standardized tests in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively - that is, a numerical score is assigned according to specific errors or "clues."

What about the breathalyzer? Should I blow into that machine?

When you receive your driver's license, you agree to submit to a breathalyzer test should an officer believe that you are driving while impaired. Refusing the breathalyzer will subject you to an automatic suspension of your license for one year from the date of the refusal. However, within 10 days of your refusal, you can petition for a review with the DMV so that you can attempt to invalidate the suspension of your license. Should your attorney be successful at the review, you will get your license back.

Hire a DUI Attorney in Miami

At Beckham Solis, Attorneys at Law, we are dedicated to the Miami-Dade community and will go the extra mile to meet your needs and fight your charges. Our accolades include an AV Preeminent® Rating with Martindale-Hubbell®, and both Justin Beckham and Helmuth Solis were selected for inclusion in the 2010 list of Florida Super Lawyers® Rising Stars℠. Partners with our firm have been selected for inclusion in Super Lawyers ® every year since. Your initial consultation with a Miami DUI attorney from Beckham Solis, Attorneys at Law is free, so you have nothing to lose.