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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.
Florida DUI Statistics
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 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.
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.
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.
- 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.
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.
She made the process seamless, she was there for any questions we had, answered our phone calls or emails, and stayed on top of our case.Alfred Pereira
"Erika was an absolute gem, she answered all our questions, was accommodating and let us know she needed to research my wife’s visa before telling us whether she would take our case. After doing research, she thankfully took our case. She made the pro"
So detailed and thorough with getting into the caseKristina Radulovic