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Facing DUI Charges? Protecting Your Rights Through a Personalized Approach

Fight DUI Charges in Miami

Arrested for Drunk Driving? Call Mitchell & West LLC!

In Florida, cases of driving under the influence (DUI) are very serious and those who are found guilty can face punishments including time in jail, costly fines, and license suspension. The potential consequences of a DUI can complicate your life for years to come and may even affect where you are able to live and work. Whether you are being charged with your first DUI or have a prior offense, it is vital to contact the Miami DUI lawyers at Mitchell & West LLC. Our trial-tested attorneys will work to reduce or dismiss the charges against you so that you can move forward with your life.

Questions about your case? Call (305) 783-3301 and talk to an attorneFy today.

What Constitutes a DUI?

In Florida, drivers can be charged with DUI for operating a vehicle while mentally or physically impaired due to alcohol or drugs. Alcohol is one of the most common substances involved in DUI convictions and individuals can face criminal charges for driving with a blood alcohol content (BAC) of more than .08%. For commercial vehicles, this amount is restricted to .04%, and drivers under the age of 21 cannot have a BAC of more than .02%.

If convicted of a DUI, drivers can face criminal and administrative penalties including:

  • Community service
  • License suspension or revocation
  • Steep fines
  • Installment of an ignition interlock device

A DUI can be charged as either a misdemeanor or felony depending on the circumstances of the crime. Typically, DUI can be charged as a felony in cases where (1) serious bodily harm or death occurred, (2) this is the third DUI offense within 10 years, or (3) the defendant has 4 or more DUI convictions.

Charges and penalties can increase in severity depending on factors such as:

  • Number of prior DUI convictions
  • Exceptionally high BAC levels
  • Involvement of child passengers
  • If serious bodily injury occurred

Florida has a “look-back” period of five years. This refers to the amount of time which a DUI conviction will count towards determining the punishment for subsequent offenses. This means that if you are convicted of a second DUI more than 5 years after a first offense, punishments such as minimum jail sentences will be similar to those of a first offense.

Fighting DUI Charges

An accusation of DUI and the threat of punishment can be intimidating, however, with a proper defense, even the most severe charges can be defeated. Many of the methods commonly relied on by police to determine intoxication are far from absolute and are not always accurate. Law enforcement often uses standardized field sobriety tests (SFST) in an attempt to gauge a suspect's level of inebriation. However, the most reliable of these tests has been found by the National Highway Traffic Safety Administration (NHTSA) to be accurate in determining a BAC of over .10 percent only 76% of the time.

While SFSTs exist for the attempted detection of alcohol, other drugs such as prescription medication or controlled substances do not have a set amount determining impairment. It is up to the prosecution to prove impairment in each case. These tests are highly subject and our attorneys can work to limit their impact against you in court.

Top-Tier DUI Defense Lawyers – (305) 783-3301

The severity of DUI charges demands the attention of a skilled and knowledgeable legal team. Our Miami DUI attorneys have more than 100 years of combined experience protecting the rights of our clients and are ready to fight for you. When your reputation and freedom are on the line, look no further than Mitchell & West LLC, and rest assured that your case is in experienced hands.

Start building your defense today. Schedule a free consultation and discover the legal options available to you.

About Mitchell & West

  • In Super Lawyers®

    No more than 5% of Florida attorneys are included in Super Lawyers®. It takes significant experience, results, reputation, and many other qualifications to pass the rigorous, patented selection process.

  • Dedicated to the Community

    In addition to providing sterling legal representation, which includes pro bono services to indigent clients, we also strive to be active in the local community, generous with our time and other resources.

  • Trial-Tested Advocacy

    We are true trial lawyers, ready for any and all challenges of litigation. No matter how complex your case is, we have the resources and insight to protect your rights in the toughest legal arenas.

  • Known for Personalized Service

    We understand that each case is unique, and every client deserves individualized attention. We commit to provide one-on-one counsel so we can create a legal strategy that is tailored to your needs and goals.