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Miami DUI Attorney

Have you been charged with your first drunk driving offense? Or do you have a juvenile charged with minor in possession? Florida is cracking down hard on both adult and juvenile offenders, in an effort to reduce the number of fatal accidents. If you have been accused of a DUI in Miami or anywhere in Miami-Dade County, you could be facing jail time, hefty fines, driver’s license suspension or revocation, counseling classes, mandatory installation of an ignition interlock device, or even vehicle impoundment. Contact experienced Miami DUI attorney, Julia Kefalinos.

See Julia Kefalinos interviewed by CBS 4 about Justin Bieber’s DUI arrest

Miami DUI Defense Attorney

If you do not want to be saddled with a DUI conviction that can have life-changing consequences, you need the help of a seasoned DUI attorney. Together, we will rapidly develop a strategic DUI defense to keep the negative impact of a DUI charge to a minimum.

Depending on the circumstances, and number of repeat offenses, a Miami DWI/DUI can be charged as either a misdemeanor or felony. Let the Miami criminal defense attorney Julie Kefalinos help you to achieve a favorable outcome.

There are numerous defenses a Miami DUI attorney can pose:

  • Was there probable cause for the police to stop the motorist?
  • If there were witnesses to the crime, are they credible?
  • If your child was under 21, a juvenile, are the DUI Defenses in Miami different for those under the legal drinking age?
  • Did you really refuse to “blow”?
  • Did police follow standard operating procedure?
  • If you did blow, is the reading accurate? Does the breathalyzer machine work?
  • Were roadside tests accurate? Recorded on video? Do you have a physical problem that might prevent you from performing roadside exercises properly according to police standards?
  • Were you under the influence of drugs? Prescribed?  Were drugs found in the car? Were they illicit drugs?Do you have a history of real illness?

These are just some of the possible defenses strategies Kefalinos can argue if you are facing criminal charges. Just know this:  If there is a defense, Kefalinos will find it and use it to its maximum potential.

Florida’s DUI Definition

Under Florida Law, a DUI is defined as follows:

An individual is guilty of driving under the influence if he/she is driving or in actual physical control of a vehicle within this state, and:

  • He/she is under the influence of alcoholic beverages, any chemical substance, or any substance, when affected to the extent that the person’s normal faculties are impaired; or
  • He/she has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood (over .08 BAC); or
  • He/she has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath (over .08 BAC).

Florida’s DUI Penalties

The penalties in Florida vary depending on whether it’s your first offense, or a repeated offense and what your BAC results show:

1st Offense

(First) Misdemeanor DUI Penalties

  • Jail for up to 180 days;
  • Probation for up to 1 year (however; the total period of probation and incarceration may not exceed 1 year);
  • A fine of $250 – $500;
  • License suspension for 6 months – 1 year;
  • 50 hours of community service (in the alternative may pay $10 per hour of community service);
  • DUI School, Level 1;
  • One of Defendant’s cars will be impounded for 10 days.

1st Offense Enhanced DUI

(BAC Over .15%) Misdemeanor DUI Penalties

The penalties will be the same as if there was no enhancement, with the exception of those listed below

  • Jail for up to 270 days;
  • A fine of $500 – $1000;
  • An Interlock Ignition Device must be installed in Defendant’s car, and remain for up to 6 months.

* If there is an accident, the defendant may be sentenced to up to 364 days in jail.

Second Offense Florida DUI Laws & Penalties

Second (2nd) Offense (1st more than 5 years earlier) Florida DUI Penalties-Misdemeanor

  • Jail for up to 270 days;
  • Probation for up to 1 year;
  • A fine of $500 – $1000;
  • License suspension for 6 months – 1 year;
  • DUI School, Level 2;
  • All of the Defendant’s cars will be impounded for 10 days;
  • The Interlock Ignition Device must be installed in Defendant’s car, and remain for 1 year.

Second (2nd) Offense Enhanced (the 1st offense having occurred more than 5 years prior) Florida DUI Penalties – Misdemeanor

The penalties will be the same as if there was no enhancement (above), with the exception of those listed below

  • Jail for up to 364 days;
  • A fine of $1000 – $2000;
  • The Interlock Ignition Device must be installed in Defendant’s car, and remain for 2 years.

* If there is an accident, the defendant may be sentenced to up to 364 days in jail

Second (2nd) Offense (the 1st offense having occurred within the past 5 years) Florida DUI Penalties – Misdemeanor

  • Mandatory 10 days in jail, but may be up to 270 days;
  • Probation for up to 1 year;
  • A fine of $500 – $1000;
  • License suspension for 5 years; – DUI School, Level 2;
  • All of the Defendant’s cars will be impounded for 30 days;
  • The Interlock Ignition Device will be installed in Defendant’s car, and remain for 1 year.The penalties will be the same as if there was no enhancement as above, with the exception of those listed below

Second (2nd) Offense Enhanced (the 1st offense having occurred within the past 5 years) Florida DUI Penalties – Misdemeanor

  • Mandatory 10 days in jail, but it may be up to 364 days;
  • A fine of $1000 – $2000;
  • The Interlock Ignition Device will be installed in Defendant’s car, and remain for 2 years.

* If there is an accident, the defendant may be sentenced to up to 364 days in jail.

Third Offense Florida DUI Laws & Penalties

Third (3rd) Offense Florida DUI Penalties (the 2nd offense having occurred more than 10 years prior) Misdemeanor

  • Jail for up to 364 days;
  • Probation for up to 1 year;
  • A fine of $1000 – $2500;
  • License suspension for 6 months – 1 year;
  • – DUI School, Level 2;
  • All of the Defendant’s cars will be impounded for 10 days;
  • The Interlock Ignition Device will be installed in Defendant’s car, and remain for 2 years.

Fourth (4th) Offense Florida DUI Penalties

(the 3rd offense having occurred more than 10 years prior) 3rd Degree Felony

All 4th Offense DUIs should be reviewed to determine if the offense is coupled as a 2nd DUI within 5 years, and/or a 3rd DUI within 10 years.

  • Jail up to 5 years;
  • Probation for up to 5 years;
  • A fine of $1000 – $5000;
  • Permanent loss of license;
  • All of Defendant’s cars will be impounded for 10 days;
  • No Interlock Ignition Device as the Defendant’s license will be permanently suspended.

Julia Kefalinos — Dedicated Miami DUI Attorney

Contact an experienced Miami DUI attorney as soon as possible. At your first court appearance in a Miami-Dade courtroom, a judge will read your charges, bail will be set and you can enter a guilty, not guilty or no contest plea. The process can be very intimidating because a lot is at stake.

As your Miami DUI defense attorney, Kefalinos’ skills will be instrumental in protecting your rights and interests in regards to criminal charges or court appearances. Kefalinos will contact the Florida DHSMV to request a deadline within 10 days of your DUI arrest to discuss your license status. She will work to negotiate a favorable outcome on your Miami DUI charges, to minimize the consequences to your employment or family life.

With more than 20 years of experience with Florida’s DUI laws, Kefalinos will skillfully negotiate or litigate DUI cases involving underage DUI charges, misdemeanor DUI charges, felony DUI charges, out-of-state DUI cases, DUI with injury cases, multiple DUI offenses and DUI plus drug charges.

Email or call Miami DUI Defense attorney, Julia Kefalinos today at (305) 856-2713 for an initial consultation.