29 July 2010 0 Comments

DUI Attorney Miami Talks About Ten Day Rule

In any state of United States, driving under the influence of alcohol or drugs is really considered as a serious charge and there is an equivalent consequences and punishment for this case. They may have similarities in dealing with DUI case but each state varies on their laws, limits and others. Laws become stricter because of increasing rate of road traffic accidents cause by drunk driver.

DUI attorney Miami knows that in Florida there is a ten day rule. If you have been arrested in any part of Florida for DUI, you have ten days to request a hearing with the Florida Department of Highway Safety and Motor Vehicles (FDHSMV). Failure to comply with the ten day rule will result into penalty, minimum of six month up to eighteen months suspension and driver’s license suspension. You are facing two cases, the court case and FDHSMV case.

You will be charged DUI if your BAL is .08% or more for adult and .02% for under twenty one years old and your normal faculties is impaired. The consequences and punishment may include driver’s license suspension of FDHSMV and court, minimum of six months up to five years of jail time, impoundment of vehicle for 10 days up to 90 days, mandatory community services of fifty hours and fines that ranges from $200 – $2000 plus penalty assessment. There are some cases that you need to attend DUI School and install an ignition interlock device.
Whether it is your first offense or not, you have injure someone or not, you really need a DUI attorney Miami to help you in defending your case, because your life is at stake. Always remember that in Florida, when you have been charged for DUI, it will stay on your record, because state law prohibits expunging a convicted DUI. If you have an expert DUI attorney Miami, instead of spending your days behind bars, they can request for treatment programs or residential alcoholism where you can spend your imprisonment. They can even help you to dismiss your case.
If you are not from Miami and you been arrested in Miami, it is best t hire DUI attorney Miami because they know the state laws, limits and others specifics in their local state. They can help and defend you more because they have the experience and expertise in handling your case,

25 July 2010 0 Comments

Miami DUI Attorney: Fine Line Between Freedom and Incarceration

In every state in the United States, driving under the influence is a serious misdemeanor.  In Miami, the laws regarding DUI are one of the toughest in the US and if you’ve been charged with a DUI, the Miami DUI attorney that you choose to represent you can make or break your case.  What is at stake in DUI charges is no joke.  It’s your freedom, your future and your life.  The best decision you’ll be making when you’re facing charges for DUI is to retain the services of an experienced and highly skilled attorney.

DUI penalties in the state of Florida are very severe.  It can lead to incarceration and the time frame could a shorter one or a longer one depending on the kind of Miami DUI attorney you get to represent you.  In addition to jail time, penalties also include the suspension on your license and even revocation of this license.  There are also alcohol or drug classes that you have to attend and also fines to pay.  There can even be consequences on your career, insurance and if you’ve an immigrant, immigration consequences.  There is really too much at stake when a person is charged with a DUI.

It is also one of the major occurrences in DUI charges, cases and hearing that your case will be seen as routine by the judge and the prosecutors.  This is because there are just too many other charges that prosecutors and courts have to go through.  With the strong voice of a good Miami DUI attorney, your side of the story will be better heard.  Aside from the court processes that you must go through, innocence or guilt is determined via navigation of the civil license as well as the driving aspects of your DUI case.  There’s no other place as crowded as the DHSMV.  If you have a skilled lawyer, he knows exactly what to do with regard to DUI driving, license suspension issues and how to navigate this crowded system for your benefit.

Charges and processes due to DUI can be very taxing on your time and your quality of life as well.  With a vast working knowledge on implied consent law in your state, the hearing process for administrative license suspension and also the laws that cover the Florida ignition interlock devices, the right Miami DUI attorney can mean that you keep your rights upheld and if convicted of DUI, jail time and penalties can be easier.

15 July 2010 0 Comments

Miami DUI Lawyer: Defendant of the Vice City

Miami, Florida is popularly known as the vice city in many literature, games, TV and Movie; and among its many defendants together with the vice city police, is the Miami DUI Lawyer. Miami is an enormous city, which is mainly why it has tickled the imagination of many writers and entertainers into branding it as the fictional Vice City. It is a major city and is the largest in the state of Florida. Its estimated population is 5.5 million and is considered to be the 4th largest urbanized area in the whole of US.

Miami is also considered as a global city with its extensive reach in the areas of finance, culture, fashion, film, entertainment, trade, commerce, media, education and print. The city hosts the largest concentration of international banks in America. Not only that, Miami is also home to the busiest passenger port in the world. The city has also been called as the gateway to the Americas by the media. Imagine living in as big and busy a city as Miami. Unfortunately, every once in a while, certain accidents are bound to happen. In a place as sunny as Miami, DUI is quite rampant; this is where a Miami DUI lawyer comes in to defend his city.

Driving under the influence or DUI is the specialty of a Miami DUI lawyer. DUI is the act f driving a vehicle while impaired from alcohol or other forms of drugs; this is a criminal offense in many countries and is a very serious matter as this often results to tragedies and deaths. DUI can occur in a car, boat, bicycle, plane, tractor and even a wheelchair. Serious DUI offenses can lead to big fines and very long prison sentences.

DUI comes in many forms: DUII or driving under intense influence, DWI or driving while intoxicated, OMVI or operating a motor vehicle while intoxicated, OVI or operating a vehicle under while impaired, OWI or operating while intoxicated, and DWAI or driving while ability impaired. Part of vice city’s defendants are the Vice city police, who is responsible for conducting field sobriety tests on motorists to determine their sobriety. Some of the tests include walking in a straight line for 30 seconds, standing on one leg, and interviews. There are also chemical tests conducted on a person’s breath to determine the alcohol concentration on the blood. It is not a Miami DUI lawyer’s responsibility to conduct these tests and make arrests.

9 July 2010 0 Comments

What Miami DUI Lawyer Says About DUI Record?

If you are convicted of DUI, the first question that may pop in your head is “how long will it stay on your driving record?” It is consider a challenge for those convicted one especially if you are applying for job, looking for new car insurance policy, or anyone who is asking for driving record check.

According to Miami DUI lawyer, a DUI record can stay indefinitely. If you believe that it may automatically fall off for a period of time, then it is not true. DUI laws vary on each state, some DUI record will stay for a period of time and some may stay indefinitely. So, if you have charged few years ago, it is very important to check your DUI record, if it still there.

Believe it or not, DUI record can be expunged or erase depending on the state laws and rules where you live. In order to expunge your DUI record, you will need to talk with DMV or the Department of Motor Vehicles to find out how are you going to remove you DUI record. If you are having a difficulty, seek help of Miami DUI lawyer to clean your driving record, free from DUI.

In some cases, employer only ask for three year driving record so if your DUI record is four years ago, the employer will not be able to see it. If the employer asks for longer period, that is the only time your DUI record will be revealed. You also need to check your driving record to see your DUI record, what it says about your driving record information. In some cases, you can go to DMV, fill out a form and show your identification, on the same day you can get it but in some cases you need to order it first, it has a minimal fee.

It is not easy to remove your DUI record, so if you are arrested and charged of DUI, it is best to hire a Miami DUI lawyer who can defend you, they have the expertise and knowledge in defending DUI case. They know and understand that punishment and consequences that you may face, consequences that will really change your life.

Miami DUI lawyer can speak to you for free initial consultation to evaluate your case and discuss the strength of DUI case if you do not have budget to retain DUI lawyer.

2 July 2010 0 Comments

Challenges of a Miami DUI Lawyer

A Miami DUI Lawyer faces a lot of heavy challenges everyday. Being so, they should be experts in the given field of law in their respected localities due to the complexity and sensitivity of the issue. Miami is a major city in Florida; it is its main county seat. It has a population of approximately 5,415,000 and is the seventh largest city in the United States! It is also the 4th most urbanized city in the United States. Miami is well known globally due to its popularity in commerce, entertainment and fashion. Because of all these, Miami is a top spot for unfortunate negative behavior like drunk driving or driving under the influence.

DUI is a serious criminal offense, whether it be under the influence of alcohol or prohibited drugs. Whether you are driving a bicycle, boat, airplane, tractor, car, wheelchair, etc., it is punishable by law in many countries including the United States, especially in Miami. These are the challenges that a MiamiDUI lawyer has to face.

In 2009 in Miami alone, there are around 2000 registered cases of DUI. Miami follows the state of Florida’s laws on DUI. Aside from crashing or hitting someone, you also get a lot of different penalties for DUI in Miami. If you refuse to take the sobriety test from an arresting officer even, you may get 1 – 1 ½ year of suspension on your license. Among the many different penalties you get from DUI in Miami are: a fine of $250 up to $500; community service of 50 hours; probation for almost a year; imprisonment of not more than 6 months; imprisonment with BAL of .08 up with a minor for not more than 9 months; license revocation; and DUI school – 12 hours. And all these are from just DUI misdemeanor offenses, DUI felony and murder cases are not yet included here. These are only some of the things that a MiamiDUI lawyer must know.

Even celebrities and rich people are not immune to DUI. Shia Lebuff, Charles Barkley, and Michael Phelps are just some of the most recent stars caught with DUI. Another Florida law that is followed by Miami that is related to DUI is the Implied Consent Law. This law basically gives an officer the right to perform state approved sobriety tests to get physical evidence from you to prove driving under the influence. Another important thing to note is that the Miranda warning does not apply to these tests because they are just used to gather information or evidence against you. These are only a few of the important challenges that a MiamiDUI lawyer must know and face.