As a Miami DUI Lawyer, I have the skill set to vigorously defend your liberty as well as your right to drive in Florida. Driving Under the Influence (DUI) is a serious offense under Florida law. Florida Statute 316.193 and 316.193(1) creates serious penalties for those convicted of Driving Under the Influence.
So what makes me a unique Miami DUI Lawyer?
There are many Miami DUI Lawyers out there. Many lawyers showcase the number of Miami DUI cases they have handled. Not one of them has ever made a DUI arrest! I have! Not only do I represent those
Before becoming a lawyer, I was a Miami-Dade Police Officer. As a Florida Certified Police DUI Instructor, I trained hundreds of police officers how to conduct DUI stops, how to interview suspects, how to testify in court, and how to take breath samples with the Intoxilyzer. I won an award from M.A.D.D. for investigating impaired drivers. I have also testified as an expert witness in driving under the influence cases.
What does a Driving Under the Influence stop look like?
So, what does it take to get stopped by the police for DUI? Not a lot. For example, one night you are driving home from a South Beach club. Suddenly, you catch the interest of a police officer. Maybe you moved over the center line, did not use your turn signal, driving a little too fast, it can be anything. Next thing you know, the red and blue lights are going off behind you. You pull to the curb and await the officer to appear at your window. Once the officer smells alcohol, the officer is going to ask you to step out of the car. You are nervous, you had a couple of beers, but you are not drunk. Are you Driving Under the Influence?
The next thing you know, you are standing on the side of the causeway, doing some goofy test that is supposed to tell the officer if you are impaired. At about this time, you are scared and worried. Are you going to be arrested? Who is going to let your dog out? All kinds of things run through your mind. Now the officer grabs your hand and says that phrase nobody wants to hear, “You are under arrest for Driving Under the Influence.” DUI stops happen every night, all night throughout South Florida. There are police officers that do nothing but look for DUI drivers.
Happens all the time.
Tens of thousands of people are arrested every year in Florida for Driving Under the Influence of alcohol or drugs. A DUI conviction can wreak havoc in your life. Worse yet, your job, insurance rates, driver’s license suspensions, impound fees, and not to mention legal fees are all problems you are going to have to deal with if arrested for DUI. The most important thing you can do in your life at this point is to hire a great DUI lawyer, like me!
So, what does it take to get arrested for DUI in Florida? Well under Florida statute 316.193(1), if you have a blood alcohol content over .08%, are under the influence of a chemical substance, and you are driving or have physical control of a vehicle, you are going to be spending the night in jail. What does it mean to be in actual physical control of a car as opposed to driving? If you have the keys to a vehicle on or about your person you are in actual physical control.
Should you take a DUI breath test? Click here to find out.
What happens if you are convicted of a first time DUI? If your blood alcohol content is under .15%, you are looking at up to 6 months in jail, a $500.00 to $1,000.00 fine, 50 community service hours, up to a year of probation, vehicle impoundment, and vehicle immobilization. If that is not enough, you are going to have your driver’s license suspended.
That is the minimum a first-time conviction, for subsequent convictions, the penalties are a lot more severe. If you cause an accident, injure or kill someone and the penalties go way up.
The penalties for being convicted of DUI are severe. You need an experienced Miami DUI Lawyer on your side.
Get a third DUI within ten years, or more, you are up to felony level DUI.
Can you get charged with two DUI counts in one incident?
You sure can. As a Miami DUI Lawyer, I see it all the time. Here is how it happened to one client. Mr. Client was backing out of a parking space at a local watering hole. He backed up a little too far and struck the car parked behind him. The damage was minimal, and he did the right thing in finding the owner of the damaged car. The owner was not too concerned because of the degree of damage but wanted an accident report so the insurance would cover the repair. Both decided to call the police for the accident report. Mr. Client did not believe there would be an issue since he had not had much to drink.
The police officer who responded was very active in DUI enforcement. The officer immediately suspected Mr. Client of being impaired and began a DUI investigation. The result was Mr. Client was charged with DUI and DUI Property Damage at the same time.
DUI Manslaughter: The Game Changer
Get popped for a DUI manslaughter charge and the whole game changes. Now, your long term liberty and freedom is at risk. DUI manslaughter cases always involve lengthy prison sentences. I have worked on many DUI manslaughter cases. DUI manslaughter cases are fought differently and more aggressively.
DUI manslaughter cases revolve, mainly, around the causation of the accident. Here is where I come in. When I was a Miami-Dade Police Detective, one of my areas of expertise was accident reconstruction. As a Miami DUI Lawyer, this expertise gives me the skill I need to take apart a DUI manslaughter case and reconstruct it. I can determine pre and post-impact speeds, occupant dynamics, crush analysis, as well as many other vital factors. I can also knowledgeably challenge the State’s expert reconstructionist and engineer’s opinions on how the crash occurred. This is the main way to attack the causation required for a DUI manslaughter charge. This type of experience is what you need in Your Miami DUI Lawyer to successfully challenge a DUI manslaughter charge.
An Actual DUI Manslaughter Case:
Here is an actual example of a DUI manslaughter case. The client was a prominent doctor who killed a 20-year-old man on the beach. The Florida Highway Patrol investigated the case and charged the client with DUI manslaughter and other lesser DUI charges. The FHP determined the client crossed the center line and hit the victims car head on. Further, the FHP determined the client never took any action to avoid the crash, such as breaking or steering away.
As I do in almost all criminal cases and always in all accident cases, I visit the scene with my investigator and accident reconstructionist. While on the scene, we conduct an area canvass, looking for witnesses and other evidence. We also remeasure the scene to verify the investigating officer’s measurements are correct. These measurements are vital to the calculation of vehicle speeds and angles.
In this particular case, we discovered evidence the investigating officer wholly overlooked. We found a mark on the roadway from the left front wheel of the victim’s car. This mark indicated it was the victim who crossed the center line and hit the client’s car. An examination of the FHP photographic negatives confirmed the mark was present when the investigating officer was on the scene.
We also inspected both cars involved in this case. Removed the headlights from both vehicles and had them examined. Something the officer did not do during his investigation.
The end result? The DUI Manslaughter and all other charged were dropped by the State Attroney.
OUR INFORMATIVE DUI VIDEOS
Please see our YouTube channel, “Your South Florida Lawyer, Patrick J. McGeehan,” for more videos explaining legal concepts in easy to understand terms.
Our Blog contains several informative articles on traffic-related crimes.