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DUI Defense in Miami

Hubbs Law Firm DUI Defense Attorney Miami Florida

Recent statistics from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) show that, on average, nearly 1,000 people per week (49,776) were arrested for DUI in Florida in 2014. Approximately 63 percent of the cases resulted in a guilty conviction, and about 5 percent of the cases were dismissed, although more than 7,000 cases (15 percent) were unresolved and listed as pending.

Approximately 63 percent of the cases resulted in a guilty conviction, and about 5 percent of the cases were dismissed, although more than 7,000 cases (15 percent) were unresolved and listed as pending.

In Miami-Dade County alone, 4,387 people were arrested for DUI (Driving Under the Influence) in 2014. Only about 29 percent of those cases resulted in a guilty conviction and 29 percent of those cases were dismissed, with a disposition pending in 14 percent of the cases.

According to the National Highway Transportation Association, Florida ranks third in the U.S. (behind Texas and California) in the number of traffic fatalities attributed to DUI, with 676 DUI-related deaths in 2013 — an average of about one DUI-related death every 13 hours. Serious injuries or property damage may also occur as a result of an alcohol- or drug-related DUI incident.

It is not surprising that Florida's laws impose harsh penalties for a DUI conviction, with punishments more severe than most other types of traffic crimes. A person impaired by either alcohol or drugs may face a DUI charge. The penalties for a DUI conviction are usually both criminal and civil, with a court judgment followed by a long list of administrative consequences.

DUI Attorney in Miami, FL

Hubbs Law is experienced in defending clients from South Miami to North Miami and the surrounding areas throughout Miami-Dade County who are charged with DUI, drunk driving or drugged driving.

Criminal defense attorney, E.J. Hubbs, is Board Certified by the Florida Bar in criminal trial law. Board certification is the highest level of evaluation by the Florida Bar of competency and experience within an area of law, as well as professionalism and ethics in practice.

Attorney E.J. Hubbs uses his extensive knowledge of Florida DUI laws to defend against DUI charges for clients who are accused of a variety of DUI crimes under Florida Statutes § 316.193, including:

Elements of Section 316.193

Section 316.193, the driving under the influence statute, provides that, before a person may be found guilty of this offense, the State must prove the following two elements beyond a reasonable doubt:

  1. That the defendant drove or was in actual physical control of a vehicle, and
  2. While driving or in actual physical control of the vehicle the defendant was either:
    • under the influence of [alcoholic beverages][a chemical substance][a controlled substance] to the extent that [his][her] normal faculties were impaired, or
    • had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Florida's DUI statute defines the term "actual physical control of a vehicle” to mean the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he/she is actually operating the vehicle at the time. See Fla. Std. Jury Instr. (Crim.) 28.1.

The Administrative Driver's License Suspension in a DUI Case

DUI charges are often accompanied by an administrative driver's license suspension. A person accused of DUI has only 10 days to request a formal review hearing before the Florida Board of Administrative Reviews (BAR), a division of the state's DHSMV.

The administrative suspension can last six months for a first DUI involving a blood-alcohol concentration (BAC) of 0.08 or higher or for twelve months for a first DUI involving a refusal to submit to testing. The administrative suspension can increase to 18 months for a second or subsequent suspension involving a refusal to submit to testing.

Hubbs Law can assist you in demanding a formal review hearing and obtaining a 42-day temporary driving permit while your attorney fights to invalidate the administrative suspension.

Avoiding the Typical DUI Penalties in Miami

Although a DUI charge is a serious matter, it is by no means the end of the road. When a capable defense is presented, a DUI charge may be reduced or dismissed. A first-time DUI offender may be able to be diverted to the Back on Track program, minimizing the adverse circumstances.

A skilled DUI attorney in Miami, Florida may be able to find any number of problems with a DUI arrest, including the problems with the reason for the traffic stop, the way any DUI tests were conducted, or the handling of evidence.

Hubbs Law proudly serves DUI clients all over Miami-Dade County, including South Miami, Kendall and Cutler Bay to the south, Kendale Lakes and Tamiami to the west as well as communities north of Miami International Airport such as Hialeah and Miami Gardens.

DUI Arrests Statistics in Miami and Miami-Dade County

Across the entire county of Miami-Dade, only 3,609 DUI arrests were made in 2015 which is nearly 20 percent less than the number of DUI arrests made in 2014. In 2010, officers throughout Miami-Dade County arrested 6,321 people for DUI.

The Miami-Dade Police Department, the county’s largest police department, made 1,530 DUI arrests in 2015 which was higher than the number of arrests in 2014 but down significantly from the number of DUI arrests a few years ago.

DUI enforcement officers with the Miami Beach Police Department made 1,299 arrests back in 2010. The most recently released Miami-Dade court statistics show that in 2015, the Miami Beach Police Department made just 138 DUI arrests. Many in the law enforcement community consider this number to be low considering the fact that Miami Beach is a city filled with world-famous nightclubs and bars.

Miami Beach isn’t the only agency to have dipped in DUI arrests. In the city of Miami, officers had 466 arrests in 2015 which is down from of high of 1,013 arrests in 2012. The number of DUI arrests by the Florida Highway Patrol was less than 400 DUI arrests in 2015, which is 30 percent less than in 2014.

The Pinecrest Police Department, the small South Miami-Dade department with just 48 sworn officers made 125 DUI arrest in 2015 which is almost as much as the Miami Beach Police Department.

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Additional Resources

Florida Statutes, Title XXIII (Motor Vehicles), Chapter 316, § 316.193 — Driving Under the Influence — Read all the Florida laws related to DUI and drunk driving offenses.

Florida DHSMV — Find information about administrative driver's license suspensions from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and the rules related to a DUI in Florida.

MADD Florida — The Florida website for Mothers Against Drunk Driving (MADD) contains information, statistics, laws and reports about drunk driving and drugged driving both in Florida and across the U.S. MADD's mission is to stop drunk driving by supporting victims of drunk driving and raising awareness about underage drinking.

Find a DUI Defense Attorney in Miami, FL

If you were charged with DUI anywhere in Miami-Dade County, consider contacting Hubbs Law for a confidential review of your case.

At Hubbs Law, we always offer a free initial consultation for potential clients where we can discuss your DUI case and explain the charges, as well as the possible penalties that may be imposed and any possible defenses that may be pursued — before you make a decision to hire us as your legal counsel.

Some first-time DUI offenders are eligible for the Back on Track program, which could result in avoiding a trial, or we may be able to find mistakes made by the police during a DUI arrest or in alcohol or drug tests that were conducted that could result in a reduction or dismissal of charges. Our goal in every DUI case is to avoid a conviction. We are always prepared to confront charges of DUI (also known as DWI or OWI in other states) at trial if necessary.

Call Hubbs Law today at (305) 665-9040 to schedule an appointment to discuss your DUI case. We are prepared to fight for you.

This article was last updated on Friday, May 12, 2017.

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