Have you been arrested or charged with Driving Under the Influence (DUI)? Our Miami DUI attorneys at AP Criminal Law have extensive experience using legal strategies to challenge the evidence being used to convict you of DUI, and understand the laws and penalties associated with a DUI charge. Driving under the influence in Florida is a serious matter that can have lasting consequences such as fines, license suspension, increased insurance costs, a criminal record, and even jail time. At AP Criminal Law, we provide skilled, strategic DUI defense backed by over 40 years of combined experience, carefully reviewing the prosecution’s evidence presented for your DUI charge.

Driving Under the Influence (DUI) in Florida

Under Florida Statute § 316.193, a person can be charged with DUI if they are:

1. 1. Driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, any chemical substance, or any controlled substance, to the extent that their normal faculties are impaired, OR

   2. if they have a blood-alcohol level (BAL) of 0.08 or higher.

This means you can be charged even if your BAC is below 0.08 IF there’s evidence that your ability to drive was impaired. Florida also enforces enhanced penalties for drivers with a BAC of 0.15 or higher, or for those who have minors in the vehicle at the time of the offense.

DUI Defenses

Depending on the facts and evidence provided in your DUI case, there are various defenses our DUI attorneys at AP Criminal Law can use to defend you and protect your rights. Some of the most common DUI defenses are:

1. 1. Unlawful Traffic Stop: Law enforcement must have reasonable suspicion to stop your vehicle. If the officer lacked a valid reason (like speeding, swerving, or a broken taillight, etc.)the stop may be deemed unconstitutional. This would mean that any evidence obtained after the illegal test, like the breath test, FSEs, or statements made to police, can be suppressed.

   2. Improper Field Sobriety Tests: Field sobriety exercises (like walking a straight line or standing on one leg) are subjective, or from the perspective of the law enforcement officer conducting the exercises. FSEs, however, can be affected by external factors such as prior and current injuries, fatigue, nerves, weather, clothing or shoes worn, or even poor instructions. If the tests weren’t administered properly or under suitable conditions, the results of the FSEs can be challenged.

   3. Inaccurate Breathalyzer Results: Breathalyzer machines used during DUI stops must be properly calibrated and maintained, administered by a certified officer, and used according to strict protocol. Failure in any of these areas could lead to unreliable BAC results that can be challenged in court.

   4. Medical Conditions: Certain medical issues may cause alcohol-like substances to register on the Breathalyzer even if the person hasn’t been drinking. Conditions like GERD (acid reflux) or diabetes can lead to false positives on a breath test.

At AP Criminal Law, we understand that every DUI case is unique. Being arrested does not mean you are guilty—nor does it mean you’re out of options. Our skilled attorneys explore every angle of your case to determine the strongest possible defense.

DUI Penalties

If you have been convicted with DUI for the first time, penalties for a first-time DUI may include:

• • Up to 6 months in jail

  • Fines ranging from $500 to $1,000

  • Driver’s license suspension for 6 to 12 months

  • Probation, community service, and DUI school

  • Alcohol and Drug education classes

  • Vehicle impoundment

These penalties increase significantly for second or subsequent DUI offenses, or if there was property damage or injury involved. DUI charges in Florida can range from misdemeanors to felonies depending on the circumstances, including:

1. 1. Prior DUI convictions (Prosecutors will look to your record to determine the severity of the penalty to recommend to the court.)

   2. Accidents involving property damage, injury, or death

   3. Refusal to submit to a breath, blood, or urine test

   4. Driving with a suspended or revoked license

A DUI charge can feel intimidating, but with A&P, you are not alone. Our dedicated DUI attorneys will thoroughly investigate your case and build an aggressive defense tailored to your specific case.