Florida DUI laws

If you are facing a DUI charge or considering filing a personal injury lawsuit against a drunk driver in Florida, it is important to understand the state's specific laws and regulations. Here’s an overview of Florida's DUI laws, penalties, dram shop liability insurance requirements, the statute of limitations for personal injury lawsuits, and several resources to help individuals who have been injured by an impaired driver.

Florida DUI Laws

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A DUI attorney will review DUI arrest, challenge sobriety tests or breathalyzer results, and argue for reduced penalties including avoiding license suspension.

How To Hire A DUI Attorney

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If you are charged with DUI, it’s important to understand what consequences you might face, how penalties can differ depending on the severity of your charge, and how an experienced DUI attorney can help reduce your penalties.
Here’s a closer look at common DUI penalties, consequences, and legal resources for defendants.


DUI Penalties and Consequences

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Depending on where you live and the complexities of your case, a DUI lawyer could cost an estimated $2,500 to $5,000. 


How Much Does A DUI Lawyer Cost in 2023?

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If you are stopped for a suspected DUI, staying calm, cooperating with the officer, and seeking legal help are essential. After the arrest, it is crucial to protect yourself legally and avoid future legal troubles, such as hiring a DUI attorney, staying away from bars and alcohol, attending court hearings, and following the court's orders. To help you understand how to protect your rights, here’s a closer look at how to handle a DUI stop and legal resources for defendants charged with a DUI.

How To Handle a DUI Stop

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Driving under the influence, or driving while intoxicated, as it is sometimes called, is a criminal offense. According to the CDC, 32 people are killed every day in traffic accidents tied to alcohol-impaired drivers. This accounts for roughly 30% of all traffic-related deaths in the United States. If you’ve been caught driving while under the influence, it may be time to contact a qualified DUI lawyer. 

How Much Does a DUI Attorney Cost? [2023]

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More than 1.28 million drivers were arrested in 2012 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 165 licensed...

4 Steps to Find the Right DUI Lawyer

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If you have been arrested for driving under the influence, you could face a lengthy series of court dates. The following page will inform you about the different steps of a DUI case, various factors that will affect its length, and how a DUI lawyer can help you through the process.

How Long Does a DUI Case Take?

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Driving under the influence (DUI) is a serious crime in the United States. In 2019, there were approximately 10,142 fatalities caused by alcohol-impaired driving, accounting for 28% of all traffic-related deaths in the United States. The penalties for DUI convictions can vary, depending on the state and the circumstances of the offense, but they can include fines, license suspension, community service, and jail time. If you are facing DUI charges, it is important to understand the different defenses that may be available to you. 


DUI Defenses

The Miami Gardens Police Department takes non-emergency calls at (305) 474-MGPD (6473).

To get a copy of a police report, go to the Miami Gardens Police Department Records Unit at 18611 NW 27 Ave. The unit is open Monday to Thursday, 8:30 a.m. to 4:00 p.m. Certified copies of accident and incident reports cost $1 per page, while non-certified copies cost $0.15 per page. The Records Unit accepts debit and credit cards, money orders, checks, and cash. Please note that police reports become available for release 7 to 10 business days after the incident occurred.

Yes, but it will have repercussions. Having a driver’s license issued by Florida comes with your implied consent to take a breath test to determine your blood alcohol content. If you refuse the test, your license will be suspended for one year. A second refusal of a breath test will get your license suspended for 18 months, and it can be considered a misdemeanor. A DUI lawyer in Miami Gardens can help you defend against refusal charges.

Yes, upon arrest, your license will be seized and suspended. The Miami Gardens police will give you a temporary license with 10 days validity. To challenge the DUI charge and prevent the license suspension, you must schedule a hearing with the Department of Highway Safety and Motor Vehicles within 10 days after your arrest. Your license will be suspended for six months if you don't.

Section 316.193 of the Florida Statutes classifies an adult as driving under the influence if with a blood alcohol concentration (BAC) of 0.08 percent or higher while operating a motor vehicle. Commercial drivers are held to a higher standard because they can be apprehended for DUI by the police in Miami Gardens if found to have a BAC of 0.04%. Meanwhile, it is unlawful for anyone below 21 years of age to drive with any level of BAC in Florida.

It depends. If you were driving under the influence and caused an accident resulting in injury to another person or considerable property damage, you may be charged with a third-degree felony DUI. A conviction for this type of crime in Miami Gardens can bring you prison time as long as five years. On the other hand, if your DUI resulted in somebody’s death, you can face up to 15 years of incarceration.

Yes. According to Florida Statutes Section 322.64, you will be disqualified from driving a commercial vehicle for one year if you get convicted of DUI. The same penalty applies if you refuse the breath, blood, or urine tests required by the police in Miami Gardens. Meanwhile, if you get a repeat DUI conviction or refuse the breath for the second time, you will be permanently disqualified from getting a commercial driver's license.

DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:
<ul>
<li>Look for attorneys experienced in DUI case law</li>
<li>Ask for referrals from family and friends</li>
<li>Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike</li>
<li>Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit</li>
<li>Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time</li>
<li>Discuss billing options — the difference between an hourly rate and flat fee can be considerable</li>
</ul>

Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.
Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:
<ul>
<li>It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.</li>
<li>The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.</li>
<li>The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.</li>
</ul>

Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.