In Miami Florida, the team at Paul J. Donnelly, P.A. is positioned to handle your driving under the influence (DUI) case. In Florida, DUI is a serious offense, and repeat offenders risk high fines, prison time, and an extended loss of license.
Thus, the first time you’re charged with a DUI offense, it is important that you take it seriously, and do everything you can to make sure your rights are protected and that you receive fair and equitable treatment under the law.
Florida is an Implied Consent State
If you are pulled over and are being questioned by a law enforcement officer, and they believe you have been drinking or are impaired in another manner, you may be required to take a breath, blood, or urine test. This would occur after you are first arrested for DUI. Drivers are required to take such a test due to the fact that Florida is an “implied consent” state.
Implied consent means that if a law enforcement officer has probable cause to believe you are DUI, and they lawfully arrest you, that you automatically consent to take a chemical test or tests to determine your Blood Alcohol Level (BAL) or if there are drugs in your bloodstream. For these purposes, an officer may utilize a breath, urine, or blood test. That officer may also require that you take more than one type of test. If you refuse to undergo any test presented to you, then you will be penalized.
Refusal of Drunk Driving Test
If you are arrested for DUI, a law enforcement officer must advise you that if you refuse to take a prescribed test that your driver’s license will be automatically suspended, and the refusal may be used against you in court. Additionally, they must inform you that if you have refused the test at a prior time, that your license will be suspended again, and you’ll be charged with a misdemeanor.
The penalty for refusing to take the test the first time is a suspension of your license for one year, and refusing to take a chemical test subsequent times results in an 18 month suspension, plus possible fines and jail time associated with a misdemeanor.
Depending on various factors, including your BAL, the minimum penalty for DUI in Florida is a six-month suspension of your license and a $500.00 fine. The BAL for DUI for someone under 21 is .02% and for a person 21 or older, it is .08%. For those who operate a commercial vehicle, the BAL is .04%
Get a DUI Defense Attorneys Miami Quickly
Contact the experienced DUI Defense Attorneys in Miami at Paul J. Donnelly, P.A. (305) 757-3331 if you are arrested and charged with DUI . We will make sure that your rights are protected in every manner, and that you receive due process of law. The fact is in the State of Florida, as it is throughout the United States, everyone has a right to the same legal process as everyone else, and everyone is innocent until proven guilty in a court of law.
What an Attorney Can Do for You
Working with a seasoned lawyer such as Paul J. Donnelly, P.A. will give you every opportunity to ensure that each aspect of Florida and U.S. law has been properly followed, including procedures regarding any breath, blood, or urine testing that was carried out, your being informed of your Miranda rights, and any other questions regarding due process and your rights.
Contact Miami DUI Lawyer
Also, an experienced DUI defense attorneys Miami who knows the ins and outs of the law in relationship to DUI will be able to identify any circumstances that may mitigate or even negate possible penalties. With DUI cases, even if the evidence against you is very strong, an experienced lawyer, like those in our firm, can often negotiate a reduction in the penalties. That’s why it’s important to have an attorney who knows the Florida DUI laws thoroughly, such as Paul J. Donnelly, P.A., fighting for you. Contact our law office at 305-757-3331.