What We Do

DUI Arrest

Few crimes affect the people in Miami as broadly or deeply as DUI, or Driving Under the Influence. The definition of DUI here in Florida is when a person is accused of driving under the influence of drugs or alcohol to the point that their faculties are impaired. The legal limit for blood-alcohol level (or BAC) is .08. If you end up deciding to submit to a Breathalyzer test (or, colloquially, to "blow")and your blood-alcohol level is above a .08, this creates a presumption that you are intoxicated to the point that your faculties are impaired.

However, there are times when the police and the State Attorney won't have access to a breath sample. This is generally referred to as someone refusing - specifically, refusing to take the breath test. This has certain very immediate and real consequences. If you refuse to blow, the DHSMV will suspend your license for one year from the date of your refusal. This suspension can be challenged, but it is very helpful to have an experienced criminal attorney in Miami like Richard A. Stern to guide you through that process. For example, did you know that a request for an Administrative Hearing to challenge that suspension must be submitted within 10 days of your arrest?

Also, simply refusing doesn't mean you will be let off from the DUI. The police have other methods to show a person's faculties are impaired, such as physical characteristics like a flushed face, bloodshot eyes or the smell of alcohol. They also request that a person perform certain roadside tests like the finger-to-nose test or the heel-to-toe walking test. These are all tools the police use to help collect evidence of someone's suspected intoxication.

Consult a Miami Criminal Attorney

The reality is that if you are reading this material, you have already been arrested for DUI; it is the type of crime people don't plan on committing. If you have already been arrested and charged with DUI, the important things to remember are to contact a Miami criminal lawyer like Richard A. Stern as soon as possible to fight to get your license back, and also for a free consultation to discuss the best ways to challenge the DUI. Remember, a DUI arrest in Miami is a very different animal than a DUI conviction in Miami, and it is Richard A. Stern's job and passion to stop one from becoming the other. Call him at (305) 274 - 5777 today.

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We are prepared to help you after any type of arrest. Fill out an Online Consultation or call us at (305) 274 - 5777 and Richard Stern will discuss your case with you personally. Contact us today so we can get started investigating the charges and planning your defense.