Miami DUI Defense Attorney
It can be terrifying to be arrested for driving under the influence (DUI). You’ll need to know what you can do to protect your rights and preserve your future. By working with an experienced and dedicated Miami DUI defense lawyer, you are more likely to minimize the impact of a DUI charge on your life.
Miami DUI Attorney Brian Kirlew is a former public defender who was specially trained in DUI cases after spending 13 months in the DUI jail division of the Miami-Dade Courthouse. Brian’s extensive training and experience trying dozens of DUI trials over the course of his assignment in the jail division gives him a unique understanding of how DUI cases are investigated and prosecuted.
Brian’s extensive training and experience trying dozens of DUI trials over the course of his assignment in the jail division gives him a unique understanding of how DUI cases are investigated and prosecuted. Brian knows how to win DUI cases and also get breakdowns of offenses from DUI charges to reckless driving.
Driving under the influence, commonly known as DUI, is among the most common criminal offenses. Regardless of background, ethnicity, or financial status, DUIs affect people from all walks of life. In Florida, DUIs, even though a misdemeanor, are treated very seriously by the prosecution and the courts. If convicted of a DUI or BUI in Florida you could face; steep fines, mandatory jail time, required the installation of an ignition interlock device, community service, costly education classes, immobilization of your vehicle, and suspension of your driver’s license.
In addition to these significant consequences, the criminal record associated with a conviction can affect many opportunities in your future. The most effective way to avoid these immediate and long-term penalties is to work with a skilled attorney at The Kirlew Law Firm. We can work to minimize your charges or even get them dismissed. We guide you through the process and provide you with straightforward legal counsel.
What is a DUI?
In Florida, there are two specific charges that are typically used in an arrest for DUI:
- DUI, driving under the influence with a BAC (blood alcohol concentration) of .08% or higher.
- DUI, driving while under the influence of drugs, including alcoholic beverages, chemical substances, and any controlled substance. Even prescription drugs can result in a DUI if they influence and impair the driver.
These types of crimes occur when the individual is operating any motor vehicle, including a boat. When the accused is operating a boat, instead of a car, the charge of DUI is called BUI. DUI and BUI are crimes that are prosecuted in county court. They are usually misdemeanor offenses, although aggravating factors can result in felony DUI charges.
If a person has been convicted of more than three DUIs within 10 years, the State of Florida can elect to charge that person with a felony instead of a misdemeanor. The courts mandate certain DUI and BUI penalties depending on the defendant’s prior record, the amount of alcohol consumed, any crimes committed or property damage while under the influence, and whether there were injuries or death as a result of the DUI or BUI.
What are the different types of DUI?
DUIs come in all shapes and sizes. On the misdemeanor level, a person can be charged with a simple DUI. A simple DUI is the most common form of the offense and usually involves a circumstance where someone has no prior record and the evidence is an erratic driving pattern, coupled with either the suspect failing the roadside exercises and/or failing a breath test.
These DUIs do not involve property damage, injury to the Defendant or another, or any other related behavior like leaving the scene of the accident or fleeing and eluding. Those offenses have minimum mandatory sentences that increase if the suspect’s blood alcohol concentration (BAC) is over a 0.15% threshold or if the suspect has been convicted of DUI prior.
If a person has been convicted of three prior DUI offenses within 10 years, the State can elect to charge the offender with a felony. If someone was injured in the accident or there was a fatality, the offender will also be charged with a felony DUI. DUI Manslaughter, in particular, is a very serious offense in the State of Florida. A person suspect of DUI Manslaughter faces a minimum mandatory prison sentence of 4.15 years up to 30 years.
The potential consequences for DUI cases are as follows:
First DUI
$500 – $1,000 fine
Up to 6 months in jail; 9 months if blood/breath alcohol level .15 or higher, or minor children were in the car
Up to 1-year probation
Mandatory 50 hours of community service
Six-month license revocation for blood/breath alcohol level of .08 and above
One-year license revocation for refusal to submit to breath, blood, or urine test
10-day vehicle impoundment
Second DUI
$1,000 – $2,000 fine
Up to 9 months in jail; 1 year with BAL of .15 or higher, or minor children in the vehicle
If second convicted within 5 years of the first, mandatory 10 days jail
30-day vehicle impoundment
Minimum license revocation of 6 months
5-year license revocation if convicted within 5 years of your first DUI offense
Third DUI
$1,000 – $2,000 fine; or fine of $2,000 – $5,000 if convicted within 10 years
Up to 12-months jail if the conviction is more than 10 years
Minimum jail sentence of 30 days if convicted within 10 years
Felony DUI if within 10 years of a prior conviction
10-year license revocation if convicted within 10 years of second DUI offense; may apply for hardship reinstatement after two years
90-day vehicle impoundment if within 10 years of the first conviction
Fourth DUI
$2,000 fine (minimum)
Up to 5 years in prison, or as provided in § 775.084, Florida Statutes as a habitual/violent offender
Mandatory permanent license revocation; no hardship reinstatement
Third DUI within 10 Years or DUI with Injury
Third-degree felony
Fine of up to $5,000
Prison sentence of up to 5 years
Third DUI within 10 Years or DUI with Injury
Third-degree felony
Fine of up to $5,000
Prison sentence of up to 5 years
DUI Manslaughter
Second-degree felony
Fine of up to $10,000
Prison sentence of up to 15 years
DUI Manslaughter & Leaving the Scene of the Accident
First-degree felony
Fine of up to $10,000
Prison sentence of up to 30 years
Got a DUI while on vacation?
When Is a DUI Enhanced to a Felony in Florida?
A DUI charge is often more serious when the offender has prior DUI convictions in the lookback period. Having an especially high BAC can also increase the penalties you may face if convicted. Enhancements that typically result in felony charges include:
- It is the third DUI charge within the lookback period.
- It is the fourth DUI charge within a person’s lifetime.
- The individual charged with a DUI caused an accident that led to serious bodily injury, organ injury, or disfigurement of another person.
- The individual charged caused an accident that resulted in the death of a person or a fetus.
The Process of a DUI Arrest and Charge
It can be overwhelming to face a DUI, and it may be helpful to understand what you can expect, as well as how to handle an initial DUI stop and arrest. The steps of a DUI case generally are the following:
- Traffic Stop
A police officer must have reasonable suspicion to perform a traffic stop unless it is a DUI checkpoint. You may be subject to a traffic stop for reasons such as weaving between lanes erratically, failing to signal, not stopping at a red light or stop sign, improper lane changes, or other errors. Police officers can also conduct a traffic stop for expired tags or unlit tail lights.
During a traffic stop, your conduct is very important. If the officer has further reason to believe that you are intoxicated, they may arrest and charge you. It’s important to remain calm and be respectful to avoid giving an officer further reason to suspect you are under the influence. An officer may administer field sobriety tests or chemical tests to determine intoxication levels.
- Field Sobriety Tests
Field sobriety tests are tests administered by an officer if they believe you are under the influence. Some examples include walk-and-turn tests, eye-tracking tests, and standing on one leg. These tests are, unfortunately subjective and can be affected by many issues other than impairment. Medical conditions, fatigue, general lack of balance, or road and weather conditions can result in positive results, even when a driver is not impaired.
Field sobriety tests are not mandatory, although officers may act as if they are. You can refuse the tests legally. Even if you do take the tests, this evidence can be challenged by a skilled attorney.
- Chemical Tests
Chemical tests, which could include a blood, urine, or breath test taken after an arrest, are mandatory. Florida has an implied consent law, meaning that by holding a driver’s license in the state, you are giving consent to submit to chemical testing if you are arrested on suspicion of a DUI.
If you refuse the chemical test, it can result in legal consequences and more severe penalties if you are convicted. The chemical test does provide the prosecution with strong evidence, but there are still options. Your attorney can give you legal advice relevant to your case.
- Booking and Bail
After the chemical test, you may be held and booked. Contact an attorney if you haven’t already. Bail may be allowed once the driver is not under the influence.
- Hearing for License Suspension
After being arrested for a DUI, your license may be automatically suspended. You can contest this suspension within a short window after the arrest. The length of time for which your license will be suspended will vary based on the severity of your charges. Your attorney can help you with this process and defend you against license suspension.
- Arraignment
At the arraignment, the formal charges against you are read. You can also enter your guilty, not guilty, or no-contest plea at this time. Your attorney can then determine options for your defense, including filing a motion to suppress evidence or negotiating a plea deal with the prosecution.
- Criminal Trial
If charges are still being pressed after actions taken by an attorney, a criminal trial will occur. The court will hear the evidence and determine whether you are guilty or not guilty. If you are found guilty, the court will sentence you to penalties that could vary based on your circumstances.
Possible Defenses Against DUI Charges
Being charged with a DUI does not mean you will be automatically convicted. The earlier you speak with a skilled DUI attorney, the sooner they can begin protecting your rights. Don’t make the mistake of not exercising your right to legal representation. An attorney may be able to reduce the significance of your charges or have them dropped.
The most common option for criminal defense includes challenging evidence or the circumstances of an arrest. An attorney may file a motion to suppress evidence if it was wrongfully obtained. There are many reasons an arrest or evidence can be challenged, including:
- There was no reasonable suspicion to pull you over for a traffic stop.
- There was no probable cause for your arrest.
- There were errors in administering the field sobriety tests.
- Other conditions during the arrest impacted the accuracy of field sobriety tests.
- Chemical tests were inaccurate or improperly administered.
- You had a rising BAC.
- The arresting officer’s testimony is inaccurate.
By suppressing and challenging evidence, your attorney could prevent the prosecution from having a strong enough case to convict you. The prosecution may choose to drop the case as a result.
Your attorney may also point out that there were other reasons for what the officer deemed to be impairment, such as fatigue, sickness, or inclement weather. You may not have been driving under the influence, and your attorney can use evidence to prove it.
If appropriate, an attorney can also mitigate the consequences of a DUI through plea bargaining. This involves you pleading guilty to a lesser charge.
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
FAQs
How much a DUI lawyer costs in Florida can vary based on many factors. Most attorneys charge for DUI defense on an hourly basis. Because of this, the amount of time it takes to resolve your case will significantly affect the cost. Other factors include:
- The case complexity, as more complicated cases and cases that go to trial will likely have a greater workload and a higher rate
- The attorney’s experience, as a more skilled attorney with significant success in the field is more likely to charge more for their services
- Other expenses in the case, including court costs and fines
The most effective way to win a DUI case in Florida is to work with an experienced DUI defense attorney. An attorney can look at the specific circumstances of your DUI to determine the ideal defense strategy. If you were pulled over without reasonable suspicion, an attorney can challenge the evidence gathered at the stop. If your medication affected the results of a breathalyzer, an attorney can challenge that evidence.
By challenging evidence or police conduct, an attorney can limit the strength of the evidence against you, which could result in the charges being minimized or dropped.
Florida treats an out-of-state DUI as if the same offense were committed in the state. Florida is part of the Driver License Compact, which states that out-of-state offenses are applied to a driver’s license as if the offense were committed in their home state, with applicable consequences. This extends from minor traffic violations to DUI charges. Even if a DUI offense occurred out of state, you could still face the same penalties in Florida.
How long a DUI case can stay open in Florida without charges being pressed is between one and two years for misdemeanor offenses, depending on the severity of the misdemeanor. For felony offenses, the amount of time the case can stay open without charges being pressed is three to four years. If legal proceedings aren’t initiated in that period of time, the prosecution is unable to press charges, with some exceptions. However, if charges have already been pressed, these limitations are not relevant.
