Miami DUI Lawyer
Our Firm Has an Excellent Record with DUI Cases
Perhaps more than any other area of criminal law, Florida’s prohibition on Driving Under the Influence (DUI) has the potential to negatively impact the lives of decent, hard-working, innocent members of our community. The stigma of a DUI on your record can haunt your personal life and affect your employment. With so much on the line, it’s imperative to take these cases seriously.
Let’s face it: results matter—especially in DUI cases. At Fischer Redavid PLLC, we are proud to report that in 2015 to 2016, we had a winning streak. In seven DUI jury trials, 100 percent of our clients have been acquitted. In 2015 and 2016 our Miami DUI attorney was also named among the 10 Best DUI lawyers in Florida.
The simple truth is that not all “criminal defense lawyers” are created equal or equally qualified to defend DUI cases properly. It requires a specialized set of skills, knowledge, and experience specific to DUI. That’s why you can count on Fischer Redavid PLLC. Our team has handled many DUI cases that we were able to actually develop creative litigation strategies—both before and, if appropriate, during trial—to help each client achieve desired results.
Secure the services of our firm by scheduling a free consultation at (305) 400-0074!
Understanding Driving Under the Influence or “DUI”
Under Florida law (Fla. Stat. § 316.193), a person is guilty of DUI if he or she is “driving” or in “actual physical control” of a vehicle while:
- under the influence of alcohol and/or controlled substances to the extent his or her “normal faculties” (i.e. walk, talk, see, drive, judge distances, etc.) are impaired;
- having a breath alcohol level of 0.08 g/210L or higher; or,
- having a blood alcohol level of 0.08 g/100ml of blood or higher.
Although a DUI is generally charged as a misdemeanor, in some circumstances, it could be charged as a felony. Either way, driving under the influence can take many forms, each carrying its own minimum mandatory and maximum sentence.
Why Hire a Miami DUI Attorney?
Florida DUI laws are very complex and there are many misconceptions about them. Unlike many other crimes, DUI cases carry minimum mandatory punishments, meaning, there’s only so much negotiating you can do on your own. Whether it’s your first or third arrest for DUI in the past 10 years, Florida law requires certain minimum mandatory punishments be imposed.
Possible punishments include:
- Suspension of driving privileges
- Jail time
- Community service
- Vehicle impoundment
- DUI school
- Court costs
- And more
Although jail is not required for most DUI offenders, it’s always a possibility—even for first-time offenders. Depending on the facts of your case, the maximum punishment for any DUI can be a few months in county jail to several years in state prison. As if the standard conditions that come with any DUI conviction are not enough, a judge or prosecutor might still seek to “enhance” your sentence. These additional conditions all cost money too that may sometimes reach into the thousands.
Our Miami criminal defense lawyer is creative and thinks outside the box. We are never confined to traditional ways of defending a case if we see that there’s a better way to advocate our client’s rights and best interests.
Our firm is ready to handle any DUI related procedures including:
- Back on track
- Boating under the influence
- DUI defense options
- DUI penalties
- Florida DUI Field Sobriety Test exercises
- Intoxilyzer 8000
- Refusing breath or blood tests
Many Challenges are Possible in A DUI Case
If you were arrested for DUI in Miami or Ft. Lauderdale, odds are, you were asked to provide a sample of your breath for analysis. The machine currently in use in Miami-Dade County is the Intoxilyzer 8000. In theory, these instruments are strictly monitored, calibrated, and evaluated for accuracy. In reality, they are commonly malfunctioning, susceptible to false or inaccurate readings, and are not always operated by experts.
The results of a breath test are critical in prosecuting and defending a DUI case. Launching a successful challenge to them can be the fatal blow for the prosecution. Our firm has successfully defended many DUI cases where our client’s breath test results were over the limit, but we were able to get those results excluded from the court or convince the jury to disregard them.
With our experienced DUI lawyer in Miami, our firm is knowledgeable in the different ways to challenge breathalyzer results. Whether it be against the machine itself, the specific manner in which a particular sample was collected, the credentials of the officer operating or evaluating the machine, or the process taken before the breath was obtained, nothing is off limits, and everything can help mount a proper DUI defense.
Give us a call at (305) 400-0074 to schedule a free consultation today!