Miami DUI Frequently Asked Questions (FAQ)
DUI Lawyer Serving Miami, Florida
If you have been arrested for DUI (driving under the influence) in Miami, Florida, you most likely have many questions that you would like answered. Miami DUI attorney Michael Mirer offers a free initial consultation to help you get started, and we have also included some frequently asked questions for your convenience:
What is DUI? DUI stands for driving under the influence and is a criminal offense, most often charged as a misdemeanor, which involves operating a motor vehicle while under the influence of alcohol and/or a controlled substance. To be considered "under the influence" a driver must have a blood alcohol concentration of .08% or greater and/or must have normal abilities that are impaired due to alcohol or drugs. This is typically proven by way of a blood or breath test and field sobriety tests.
What are the penalties for a first DUI conviction? In Florida, a first DUI conviction may result in the following penalties (although specific sentencing may vary on a case-to-case basis):
- 180-day to 1-year license revocation
- Up to 6 months imprisonment
- Up to 1 year of probation
- Mandatory 50 hours of community service, or fine of $10 per hour of community service
- Fine of $500 to $1,000
Will I lose my license? Being arrested for DUI and failing or refusing a breath or blood test will result in the commencement of license suspension proceedings by the Florida Department of Highway Safety and Motor Vehicles. The good news is that you have the opportunity to challenge this suspension by requesting a DMV hearing (also referred to as "DHSMV hearing") within 10 days of your arrest. Failure to schedule your hearing will result in the suspension of your license.
Do I need a lawyer for my DMV hearing? Although legal representation is not required, it is highly recommended that you have a lawyer to represent you at your DMV hearing. A lawyer will understand the specific procedure involved with these hearings and will therefore be able to better protect your interests.
If you are interested in learning more about DUI in Miami, Florida, contact attorney Michael Mirer today. Your initial consultation is free!