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Miami DUI Defense Lawyer
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Driving under the influence (DUI) of drugs or alcohol is one of the most frequent causes of arrest in Florida. In most cases, alleged offenders did not have a specific criminal intent to hurt people or place others at risk, but they can still be charged for having the general intent to break the law because they knowingly consumed alcohol or drugs and drove motor vehicles
Not all DUI cases necessarily have to involve driving, as alleged offenders may also be charged with being in “actual physical control” of an automobile—meaning they were in or near a motor vehicle with the key and ability to operate it. While a DUI arrest can be a tremendously embarrassing and stressful experience, it is important to remember that being taken into custody for allegedly drunk driving is not the same as being convicted.
Instead of immediately resorting to a guilty plea, take solace in the fact that flawed testing or a number of other issues may result in the criminal charges being reduced or even dismissed.
If you were recently arrested for driving while you were allegedly under the influence of alcohol or a controlled substance (even if you believe that you were legally drunk at the time of your arrest), The Hoffman Firm may still be able to get the criminal charges reduced or dismissed. Evan Hoffman is a Miami DUI defense attorney who aggressively defends his clients.
Call (305) 928-1669, for Miami, 954-737-3004, for Broward County, or contact us online to schedule a free, confidential consultation that will allow our lawyer to review your case and answer any of your legal questions.
What Is Considered a DUI in Florida?
Florida Statute §316.193 establishes that a person is guilty of DUI if he or she is driving or in actual physical control of a motor vehicle and is either under the influence of alcohol or any controlled substance to the extent that his or her normal faculties are impaired or he or she has a blood alcohol concentration (BAC) of 0.08 or more.
When an alleged offender has a BAC of 0.08 or greater, it is commonly referred to as a “per se DUI” because the level of alcohol in the person’s system makes them legally intoxicated—even if that person’s normal faculties do not appear to be impaired. While the 0.08 BAC limit applies to most adult drivers, certain circumstances warrant lower thresholds.
For example, commercial drivers in Florida can be charged with DUI if they have BACs of 0.04 and minors are considered legally intoxicated when their BACs are 0.02 or above. An alleged offender’s BAC is most often determined by a breath test, but blood tests may also be used in certain circumstances.
Some of the most common cases that our Miami DUI defense attorney handles include:
- First DUI
- Second DUI
- Third DUI
- Fourth DUI
- Felony DUI
- Driving under the influence of drugs
- DUI checkpoints
- DUI test refusal
- Field sobriety testing
- License suspension hearings
- Administrative license suspension
- Underage DUI
- DUI causing serious bodily injury
- Boating under the influence (BUI)
- DUI causing property damage
- Out of state DUI
- DUI manslaughter
- DUI with a child passenger
- Commercial DUI
- Wet reckless
Types of DUI Defenses
Alleged offenders facing DUI charges in Florida often feel as though they are presumed guilty and can only hope for some form of mercy from judges or prosecutors. In reality, all arrests for drunk or drugged driving involve several complicated requirements for how police officers are supposed to handle certain elements of the cases.
If law enforcement errs in any seemingly routine aspect of a DUI arrest, the criminal charges can dramatically be affected. Key evidence may become inadmissible and alleged offenders could see their cases being thrown out.
A few of the most common DUI defenses include, but are not limited to:
No Probable Cause
If a police officer did not have a valid reason for the traffic stop that initiated the DUI arrest, then all evidence obtained during the traffic stop can become inadmissible in court.
Improperly Administered Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) defines the Standardized Field Sobriety Test (SFST) as consisting of three specific tests:
- The Horizontal Gaze Nystagmus test
- The One Leg Stand test
- And the Walk and Turn test
These three tests are already flawed and may be challenged, but any use of other non-standardized field sobriety tests (such as reciting the alphabet backward, the Rhomber balance test, or the finger-to-nose test) can be inadmissible in court.
Chemical Test Errors
The administration of any breath or blood tests is subject to numerous requirements. The machine that a breath test is being conducted with must be regularly maintained and properly calibrated. It must also be operated by a licensed individual.
Alleged offenders who consumed:
- Certain foods
- Or other products can have inaccurate test results
Videos Contradict the Officer’s Reported Observations
Authorities typically include many standard observations about alleged DUI offenders in their police reports, including supposed bloodshot eyes and alleged staggering when getting out of a vehicle.
Many of these observations can have perfectly reasonable alternative explanations, and some of the supposed actions of alleged offenders can actually be countered by the dashboard or booking room videos of the alleged offender.
Officer’s Failure to Comply With Implied Consent Law
Before a police officer in Florida asks an alleged offender to submit to a chemical test, he or she must read a specific warning before conducting the test. Any failure to read this warning or an improperly issued warning can lead to evidence gained from any testing or any refusal to be inadmissible.
Turn to The Hoffman Firm For Experienced Legal Representation
If you have been arrested in Florida for DUI, it is in your best interest to seek legal representation as soon as possible. When you choose The Hoffman Firm, we will fight to get the most favorable outcome with as few penalties as possible.
Our Miami DUI defense lawyer has over 40 years of experience and numerous positive case results. Call us today at (305) 928-1669 to arrange your free consultation. We also serve clients in Fort Lauderdale.
Client-Focused RepresentationOur Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense FirmExperienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track RecordClient satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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