Miami DUI Attorneys

Our Team Knows What It Takes to Fight Drunk Driving Charges

DUIs are serious matters in Florida. Even for a first conviction, you could be exposed to incarceration and/or fines. If you commit subsequent violations or aggravating factors were present during the offense, the penalties you face increase substantially. Additionally, you may also be subject to a driver's license suspension. The loss of your driving privileges can create various hardships, as you may be unable to take care of your daily tasks. Because the consequences of a driving under the influence conviction in Florida are so great, it is crucial that you aggressively fight your charge with the help of seasoned criminal defense attorneys.

At Jeffrey S. Weiner, P.A., our Miami DUI lawyers have 47+ years of combined legal experience and a solid understanding of the law. Our founding partner, Jeff Weiner, is not only a skilled lawyer, but he also holds seminars and classes for other criminal defense attorneys around the world. He has a wealth of legal insight and can provide the guidance you need to challenge the drunk driving accusation against you. Our lawyers know the Florida court system and the tactics the prosecution uses to attempt to prove guilt beyond a reasonable doubt, which is why we develop innovative strategies for our clients.

Discuss your case during a free consultation by calling us at 305-985-6640 or contacting us online today.

What Is Florida's DUI Law?

Florida Statutes § 316.193 enumerates the elements of driving under the influence. It provides that a person commits the offense when the person drives or is in physical control of a motor vehicle on Florida roads while under the influence of alcohol and/or drugs or with a blood-alcohol level of .08 or higher.

A person is considered under the influence of alcohol and/or drugs if the person’s normal faculties are impaired to the point that the person cannot safely operate the vehicle.

Impairment of normal faculties includes, but is not limited to, the inability to:

• See clearly,
• Hear well,
• Walk properly,
• Judge distances, or
• Perform normally any other mental or physical acts.

Is DUI a Felony in Florida?

For the most part, the first two drunk driving offenses in Florida are misdemeanors. The crime becomes a felony upon a person's third or subsequent violation.

However, under certain circumstances, a first or second DUI (or any violation) may be a felony. These include:

• DUI causing serious bodily injury to another.
• DUI causing death to another.

Whether you have been charged with a misdemeanor or felony drunk driving offense, you need aggressive legal representation. At Jeffrey S. Weiner, P.A., our experienced Miami DUI attorneys are knowledgeable and ready to provide the legal representation you need. Call our office today.

What Are the Penalties for a DUI in Florida?

The penalties for a Florida DUI depend on whether any aggravating factors were present at the time of the offense. Aggravating factors may include things such as having prior violations, high BAC levels, a minor in the vehicle at the time of the offense or causing an accident resulting in damage, serious bodily injury or death.

Below are the potential punishments a court can impose upon a DUI conviction:

• First Violation:
  • Between $500 and $1,000 in fines
  • Up to 6 months of incarceration
  • If BAC was .15 or higher or a minor was in the vehicle:
    • Between $1,000 and $2,000 in fines
    • Up to 9 months of incarceration
  • 10 days of vehicle impoundment
  • Between 180 days and 1 year driver's license revocation
• Second Violation:
  • Between $1,000 and $2,000 in fines
  • Up to 9 months of incarceration
  • If BAC was .15 or higher or a minor was in the vehicle:
    • Between $2,000 and $4,000 in fines
    • Up to 12 months of incarceration
  • If the offense occurred within 5 years of a prior conviction:
    • Mandatory minimum of 10 days of incarceration
    • 30 days of vehicle impoundment
    • Minimum of 5 years of driver's license revocation
• Third Violation:
  • Between $2,000 and $5,000 in fines
  • If BAC was .15 or higher or a minor was in the vehicle:
    • Not less than $4,000 in fines
  • Up to 5 years of imprisonment
  • If the offense occurred within 10 years of a prior conviction:
    • Mandatory minimum of 30 days of imprisonment
    • 90 days of vehicle impoundment
    • Minimum of 10 years of driver's license revocation
• Fourth or Subsequent Violation:
  • Between $2,000 and $5,000 in fines
  • Up to 5 years of imprisonment
  • Mandatory permanent driver's license revocation
• DUI Involving Property Damage or Bodily Injury
  • Up to $1,000 in fines
  • Up to 1 year of incarceration
• DUI Involving Serious Bodily Injury
  • Up to $5,000 in fines
  • Up to 5 years of imprisonment
• DUI Manslaughter
  • Up to $10,000 in fines
  • Up to 15 years of imprisonment
• DUI Manslaughter – Leaving the Scene
  • Up to $10,000 in fines
  • Up to 30 years of imprisonment

To fight your charge and seek to avoid or minimize the penalties you face, contact our Miami DUI lawyers. We will review the details of your case and develop a defense tailored for you.

Experienced DUI Defense in Florida

Being charged with a DUI can be overwhelming and scary. At Jeffrey S. Weiner, P.A., we understand this, which is why our team will deliver the honest and comprehensive legal counsel you need. We're here to answer your questions and explain your options.

Schedule a consultation by calling (305) 985-6640 or submitting an online contact form.