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Miami Criminal Defense Attorney / Miami DUI Attorney

Miami DUI Attorney

Drinking and driving is against the law, but it still happens. If a person has a blood alcohol concentration (BAC) of 0.08, they can be arrested for a DUI (driving under the influence) charge.

Such charges can affect your ability to drive and even cause you to lose your job. Because of this, you need help from a Miami DUI attorney from Asilia Law Firm. We are familiar with the laws and penalties involved with a DUI and will work with you to defend your case and give you the best results.

DUI Penalties

If you have been arrested for a DUI, your sentence will depend on the following:

  • BAC at the time of the incident. To be arrested for DUI in Florida, your BAC must be 0.08 or higher. BACs over 0.15 generally receive harsher sentences than lower BACs.
  • Whether you have a criminal record, especially prior DUI convictions
  • Whether you have a valid Florida license at the time of the incident
  • Whether property was damaged or people were injured or killed in a crash. The more extensive and severe the damage/injuries, the more severe the sentences.

When convictions occur, possible penalties may include the following:

  • Community service
  • Jail time
  • Probation
  • Court fines
  • Driver’s license suspension
  • Alcohol and drug education classes 

Common DUI Defenses

You don’t have to sit by and agree to a DUI conviction. Here are some defenses your lawyer may try:

  • Challenging the stop. If law enforcement did not have a valid reason to pull you over in the first place (such as no probable cause or reasonable suspicion), any evidence obtained after the stop may be deemed inadmissible.
  • Questioning field sobriety tests. Field sobriety tests such as the walk-and-turn or one-leg stand are subjective and can be influenced by various factors unrelated to intoxication. They can be challenged to weaken the case against you.
  • Contesting Breathalyzer or blood tests. Breathalyzer and blood tests are not foolproof and can produce inaccurate results due to issues with calibration, administration, or other factors. Challenges can be made regarding the reliability and accuracy of these tests.
  • Medical conditions. Certain medical conditions, like gastroesophageal reflux disease (GERD), can affect Breathalyzer results. Diet, medications, and even mouthwash use can influence test results.
  • Violation of rights. If your rights were violated during the arrest process (such as improper Miranda warnings or unlawful search and seizure), evidence obtained as a result of these violations may be suppressed.
  • Duress involves arguing that you drove under the influence because you were threatened with harm if you did not comply.
  • Witness testimony. Presenting witness testimony or evidence that contradicts the prosecution’s case can undermine the credibility of the charges. 

Contact Asilia Law Firm Today 

A DUI offense can affect you in many ways. Even if you have been charged with a misdemeanor, you need to seek legal help.

A Miami DUI attorney from Asilia Law Firm can assist you if you have been arrested for drunk driving. We have the experience and the knowledge you need to get your charges reduced or dropped altogether. Call (786) 420-3014 or fill out the online form to schedule a consultation.

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