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Miami DUI Defense Attorneys

Trusted Legal Representation You Can Rely On

Woman Taking Breathalyzer Test

If you are arrested for driving under the influence of drugs or alcohol (DUI) in Miami-Dade County or anywhere throughout Florida, you face serious consequences, including driver’s license suspension, jail/prison time, steep fines, and more. You need an experienced Miami DUI defense attorney who can help you understand your charges and work to protect your rights; you need Hubbs Law Firm.

Our founding attorney is Board Certified in Criminal Trial Law by the Florida Bar and both our attorneys are former prosecutors with extensive trial experience. We understand what is at stake, and we are prepared to aggressively advocate for you.

Contact Hubbs Law Firm onlineor call (305) 570-4802for a free consultation with one of our attorneys. Se habla español.

Florida DUI Statistics

According to recent statistics from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), 44,001 individuals were arrested for DUI in 2022. Approximately 23,668 (54 percent) of those cases resulted in a guilty conviction and approximately 6,381 (15 percent) of the cases resulted in a not guilty verdict, nolle prosse, or dismissal. 

In Miami-Dade County alone, 1,930 people were arrested for DUI in 2022. Only about 269 (14 percent) of those cases resulted in a guilty conviction which is far below the state average.  In contrast,  about 482 (25 percent) of those cases resulted in a not guilty verdict, nolle prosse, or dismissal which is well above the state average. DUI can be a deadly crime.  Serious injuries or property damage may also occur as a result of an alcohol- or drug-related DUI incident.  

According to the National Highway Transportation Association, there were 13,384 DUI related deaths in 2021.  DUI charges that involve death or serious bodily injury can result in an increased penalties for offenders.

Types of DUI Cases We Handle

Hubbs Law Firm 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.

Our Miami DUI lawyers can assist you with the following:

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:

  • That the defendant drove or was in actual physical control of a vehicle, and
  • 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 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 Firm 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.

Understanding Florida DUI Penalties

Being convicted of a DUI in Florida can result in severe penalties, including fines, license suspension, and even jail time. It's important to understand the potential consequences of a DUI conviction and how to avoid or minimize these penalties.

Some of the typical DUI penalties in Florida include:

  • First-time DUI: Up to 6 months in jail, fines up to $1,000, and license suspension for up to 1 year
  • Second DUI: Up to 9 months in jail, fines up to $2,000, and license suspension for a minimum of 5 years
  • Third DUI: Up to 12 months in prison, fines up to $5,000, and license suspension for a minimum of 10 years.
  • Fourth DUI or More: Up to 5 years in prison, fines no less than $2,000, and permanent license revocation.

These penalties can change depending upon aggravating factors such as if a minor was in the vehicle, if injuries were caused, the amount of alcohol detected in your system, and the amount of time between your current charge and last conviction for a Florida DUI.

Our experienced DUI defense attorneys at Hubbs Law, P.A. can help you understand the potential penalties you face and work to build a strong defense to protect your rights and minimize the impact of a DUI conviction.

Avoiding the Typical DUI Penalties in Florida

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, like the ones at our firm, 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 Firm 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.

Get in touch with our team today for a free, confidential case evaluation: (305) 570-4802.

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.
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Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

  • He handled all the legal details, represented me in court and had my case dismissed.

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