Don’t hire any regular lawyer when you can have a former DUI Prosecutor!
At Pagan & Stroleny, P.L., one of Miami’s prominent DUI defense firms, our trial lawyers understand that clients come first. Any Miami DUI lawyer you choose from our office will be a former Miami Dade DUI prosecutor with intimate knowledge of the prosecution’s game plan. A Miami DUI lawyer is the only thing standing between you and the State Attorney’s Office trying to take away your freedoms.
Miami DUI Attorneys Christopher Pagán and Julian Stroleny are available to meet with you and discuss your legal options, so call today and schedule a free consultation. As former state prosecutors who handled numerous DUI cases, our attorneys have the experience and skills necessary to get the best possible result in your case. Call Pagán & Stroleny, P.L. at (305) 615-1285 today for all of your Miami DUI Defense needs. Trust a top DUI law firm in Miami to help you throughout the entire legal process.
After your arrest, you’re certain to have questions and concerns. While there is no substitute for a meeting with an attorney, we have answered some of the most common questions below. If you have unanswered questions or you’re ready to fight the DUI charge you’re facing, give us a call at (305) 615-1285 or fill out the free case evaluation and a member of our team will get back to you.
Does a DUI count as a felony?
In Florida, a common DUI is a misdemeanor and does not qualify as a felony because first time offenders only face a maximum of 6-9 months in jail. However, if you’ve had multiple DUI arrests in the past or due to the injury of another, a DUI can be charged as a felony.
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?
Miami is an adventurous city where situations can get out of hand and the next thing you know you’ve been arrested for DUI. Of course what makes it worse is when you need to be back to work in your hometown on Monday morning. For misdemeanor DUIs, we may be able to resolve your DUI without the need to have you show up for court. Contact our Miami DUI lawyers to discuss your options about resolving your case without having to take a trip back to Miami.
If you find yourself with DUI charges and don’t know how to deal with the situation, call an experienced DUI law firm in Miami, FL. Since your case will be handled by a former prosecutor, you can rest easy knowing that your case is handled by a criminal defense lawyer that knows that knows the ins and outs of the law, as well as your case.
Call the DUI lawyers at Pagan and Stroleny for help from Miami’s best reviewed DUI firm in Miami, FL. We’ll work with you to find out the details of your case, keep you informed throughout proceedings, and make sure that your DUI charges don’t define your future.
Florida DUI Penalties
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 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 conviction is more than 10 years
- Minimum jail sentence of 30 days if convicted within 10 years
- Felony DUI if within 10 years of 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 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
Sealing and Expunging of a DUI
Those arrested for DUI are often concerned about the future consequences of having a DUI on their record. In some cases, DUIs can be sealed or expunged. While different in theory, sealing or expunging a DUI both have the same effect of removing any trace of the charge from the court record. In the event your case closes with a DUI conviction, the case cannot be sealed or expunged. It is important to speak immediately with a Miami DUI lawyer to get the best possible results in your case.
Is my license suspended after the DUI arrest?
Once arrested for DUI your license is suspended and the DUI traffic ticket serves as a temporary and limited use 10 day license. Once the DUI traffic ticket is issued the defendant has 10 days to request a DMV hearing to contest the circumstances of your arrest and license suspension. For a standard .08 level DUI there is a 30 day period of “hard time” before you can qualify for a hardship license. In the event you refused the breathalyzer test there is a 90 day period of “hard time” before you can qualify for a hardship license.
Without a hardship license, your license is suspended for 6 months when arrested for DUI with a breath test reading of .08 or above. This suspension is increased to a period of 1 year if you refused to submit to a breath, blood or urine test. In the event you have previously refused to submit to a breath, blood or urine test your license can be suspended for 18 months.
I refused the breathalyzer, what are the consequences?
For a standard .08 level DUI there is a 90 day period of “hard time” before you can qualify for a hardship license. Your license will also be suspended for a period of 1 year and most plea deals will have increased conditions.
What does the .08 standard mean?
The legal limit in Florida is .08. In Florida, the Intoxilyzer 8000 is the breath test machine approved and used by all law enforcement officers in the event they need to test a driver’s blood alcohol level. The machine can only be operated by a law enforcement officer certified to use it. This .08 limit is a standard adopted by the State and does not take into account an individual’s personal tolerance to alcohol and is therefore a poor indicator of whether the driver was impaired or not.
Do I qualify for the Back on Track Program?
The Back on Track program is a great option for many first time offenders in Miami Dade County to complete a program rather than be prosecuted for their first DUI. Those who qualify for the Back on Track program and successfully complete it have their DUI charge switched to a reckless driving charge.
Criteria:
- This must be the driver’s first arrest for DUI
- No car accident or injury to another person
- No minor children in the car during the incident
- No open alcohol containers in the vehicle
- The driver’s criminal record cannot exceed one prior, nonviolent felony or two prior misdemeanor convictions
- The driver cannot have completed more than one misdemeanor diversion program
- The driver must not have been driving on a suspended license when arrested for their DUI
- Other disqualifying factors include reckless driving, high rate of speed, etc. during the DUI arrest
- The driver has too many previous point on their driving record
Or if the driver blows in the breath machine higher than a .25
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UNDERAGE DUI PENALTIES EXPLAINED BY A MIAMI DUI LAWYER
DUI’s below the legal drinking age of 21 can have serious if not life-changing consequences for the person accused.
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