Few crimes lead to more arrests in Miami than driving under the influence (DUI). These charges might be common, but that doesn’t make them any less serious. A conviction for a DUI not only brings the risk of jail time and fines, but it can also impact things like your ability to find employment.
If you’ve been accused of drunk driving, now is the right time to explore your defense options. Our skilled defense attorneys are ready to review the police report and answer your questions. Reach out to a Miami DUI lawyer today to get started.
Drunk Driving Laws in Miami
Florida law makes it illegal to drive or be in actual physical control of a vehicle while impaired. In most cases, the legal limit is a blood alcohol concentration (BAC) of 0.08% or higher. However, you can still be charged with DUI even if your BAC is below that level if the officer believes your normal faculties were impaired.
A DUI charge can be based on a number of substances, including illegal drugs and prescription medication, but most cases are based on alcohol. Florida has implied consent laws, which means that by driving, you agree to submit to a lawful breath, blood, or urine test. Refusing a test can lead to immediate license suspension and may be used against you later.
Can I Beat a DUI Charge?
You should not assume that a DUI charge automatically leads to a conviction. It can feel helpless after being arrested on these charges, but the reality is that a Miami DUI attorney could help you fight back. These cases often depend on how the evidence was gathered and whether your rights were respected during the stop and arrest.
DUI cases are rarely as simple as they seem, and small errors can make a big difference. The sooner you hire legal counsel, the more likely your team can identify a viable defense in your case. Even when the evidence appears strong, a lawyer may be able to negotiate reduced charges or secure a fair plea offer. In some cases, they might be able to get a fair outcome you never knew was possible.
Common DUI Defense Strategies
While there are multiple types of defense strategies in a criminal case, our Miami DUI attorneys generally focus on two common approaches: Challenging the legality of the traffic stop and the accuracy of the test results.
Challenging the Stop
Police must have a valid reason to pull you over, but some officers will make a stop without one. If the officer did not observe a traffic violation or have reasonable suspicion that you were impaired, a court might determine your traffic stop was illegal. This is important, given that any evidence collected during an unlawful stop could be excluded at trial.
Challenging the Test Results
The state will usually build its case around the results of a breath, blood, or urine test, but in some situations those results shouldn’t be relied upon. Breath testing devices must be properly maintained and calibrated, and officers must follow strict procedures when administering them. If the device was used incorrectly, the results may not be admissible in court. The same is true if samples of blood or urine are mishandled before testing, as outside factors could alter the results of a BAC concentration test.
Talk to a Miami DUI Attorney Today for Guidance
Riving under the influence is a common criminal violation but you should not assume it can be easily countered in court. If you’ve been charged with a drunk driving offense, it’s important that you have a legal team in place as soon as possible. To discuss your options for pushing back against this charge, reach out to a Miami DUI lawyer today.