Miami DUI Attorneys

Criminal - DUI

Driving under the influence (DUI) is currently the crime or offense of driving or operating a motor vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely.

  • Aggravated DUI
  • Commercial DUI Regulations
  • Drunk Biking
  • Felony DUI

Is a dui a felony in Florida?

A Florida DUI is prosecuted as a felony when:

The defendant has been convicted of a third DUI within a 10-year time period.
The defendant is convicted of a fourth or subsequent DUI.
The defendant seriously injured someone else as a result of driving under the influence.
The defendant killed someone else while driving under the influence.

What are the different types of dui charges?

First Time DUI
Multiple DUI
Felony DUI
DUI With Serious Bodily Injury
Aggravated DUI
Drug DUI/Driving Under the Influence of Drugs
DUI with Property Damage
DUI Manslaughter
Commercial Vehicle DUI/CDL DUI
DUI Under the age of 21/Zero Tolerance
BUI/Boating under the Influence

What happens if you get a dui under 21?

If you are convicted of under 21 DUI, your sentencing could include the following penalties:

Under 21 Driver with BAC of .02% or above: If a first offense, the driver’s license will be suspended for 6 months. If the driver has previously been convicted of DUI, their license will be suspended for 1 year.
Under 21 Driver who refuses breath or blood test: For refusal to submit to a chemical BAC test the driver’s license will be suspended for 1 year. If a second or subsequent refusal, the driver will lose their license for 18 months.
Under 18 Driver with a BAC of .02% or above: Minors charged with DUI will face a 6 month license suspension for a first offense as well as mandatory evaluation at an addictions facility or completion of an alcohol education program.
Under 21 Driver with BAC of .08% or above: If an underage driver is convicted of DUI with a BAC of .08% or above they face the same penalties as a driver aged 21 or older. The penalties for a first DUI offense in Florida include fines of $500 to $1,000, driver’s license suspension of 180 days to 1 year, vehicle impoundment, incarceration in county jail up to 6 months, and 50 hours of community service.

What misdemeanor is a dui?

By case law, a first time DUI in the state of Florida is considered a first degree misdemeanor, even though (assuming no accident) it is a maximum of 6 months jail.

What is the dui arrest procedure?

Initial Observations
Vehicle Stop
Contact Driver
Driving or Actual Physical Control
Field Sobriety Tests
Disposition/Location of Vehicle and Keys
Disposition of Passenger and/or Property
Evidential Test
Implied Consent/Miranda Warning
Witness Statements
Notification of Offender’s Attorney or Other Party
Incarceration or Release
Additional Chemical Test


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