Top-Rated South Florida DUI Lawyer In Florida

When arrested for a DUI, you will be involved in two proceedings: Criminal (Court) and Civil (DMV).

You need to request a DMV hearing to determine if your license should be suspended if your BAC was at least 0.08% or you were driving while under the influence. For drivers under 21, the BAC limit is 0.01% and for commercial drivers, it is 0.04%. If you don’t request a DMV hearing in time, your license will be suspended automatically.

Our Florida DUI lawyers from Weinstein Legal can represent you at this hearing and challenge any probable cause assertions to stop and arrest you, as well as the results of any breath or blood test.

Aggravating circumstances include: driving at least 20 mph over the limit; the presence of a child 14 or under in your car; if your BAC was 0.15% or greater; if you injured or killed someone in an accident; if you damaged someone’s property; if you left the scene of an accident; or if you have multiple prior DUI charges.

If there are aggravating circumstances in your case, you could face jail time or state prison time.

Also, you could lose your driver’s license for more than a year without the opportunity for a restricted license.

A first-time DUI can cost you $10,000 or more in legal fees, fines, court and DMV costs and increased insurance costs. Consult with a DUI lawyer from the Weinstein Legal Team.

Under Florida law, there are mandatory minimum penalties that must be imposed should you be convicted of a DUI charge. Based on your prior criminal history, the charges in the current case, and if there are any aggravating factors, the mandatory penalties differ.

Consider what a first time DUI conviction entails:

• Possible jail time of 2 to 4 days (or community service in some cases).
• Jail or state prison time if you had an accident that injured or killed someone.
• Fine of $500 to $5,000.
• License suspension from 6 months to lifetime.
• Installation of ignition interlock device or SCRAM monitor on your ankle.
• Mandatory participation in a 3-month DUI class (or 9 months if testing was refused or aggravating circumstances were present).
• Probation for at least 6 months.
• Requirement to have expensive insurance called FR-44

• You do not have to do field sobriety tests
• You do not have to provide a breath sample; however, if you don’t, you could face increased license suspension and potentially additional criminal charges
• You don’t have to speak to the officers about anything other than your biographical and contact information
• Don’t provide evidence to the police
• Provide your name, registration, insurance, and be respectful

Florida law stipulates that drivers are considered to be driving under the influence if they have a BAC of 0.08% or higher. Commercial drivers have a lower limit of 0.04%, and drivers under the age of 21, the legal drinking age, have a limit of only 0.02%.

An officer’s observations can lead to DUI charges based on perceived impairment, even if your BAC is below the legal limit. These observations may include erratic driving, slurred speech, or failed field sobriety tests. A DUI defense lawyer can scrutinize the subjective nature of these observations and field tests, often challenging their reliability and the officer's interpretations in court.

A first-time DUI conviction in Florida can result in a variety of penalties, including fines, license suspension, vehicle impoundment, community service, DUI school, probation, and even jail time. The severity of the consequences depends on the specifics of the case, such as BAC levels and the presence of minors in the vehicle. In some cases, an experienced DUI lawyer can negotiate or argue on your behalf to minimize these penalties to reckless driving.

Refusing a breathalyzer test can lead to an automatic suspension of your driving privileges due to Florida’s implied consent laws. However, refusal can also prevent the prosecution from obtaining potentially incriminating BAC evidence against you. One of our DUI lawyers can explain the potential consequences and strategies following a refusal, possibly using the lack of chemical evidence as a part of your defense strategy.

Yes, a DUI charge can have severe implications for professional licenses and immigration status. For instance, healthcare workers, lawyers, and real estate agents may face disciplinary actions from licensing boards, and non-citizens may encounter immigration issues like visa denials or deportation. Your best option is to speak with a DUI attorney about your charges so that they can provide the best guidance.