Recent Posts in DUI Category

New Year's Eve

Police agencies in South Florida will be out in full force, specifically targeting DUI and other alcohol-related offenses. Whether you are celebrating on South Beach, Downtown Miami, Fort Lauderdale, or West Palm Beach, expect a large police presence. DUI Checkpoints may also be conducted. With an abundance of ride-sharing apps and other options to choose from, there is no reason to risk a DUI. If ...

What Types of DUI Cases Will Not Qualify For Back On Track?

You already know that some first-time DUI offenders in Miami-Dade County may qualify for the Back On Track program. If you qualify and you complete the conditions of Back On Track, that may take anywhere from nine months to a year, your DUI charge will be reduced to a reckless driving and you will receive a withhold of adjudication - not a DUI conviction. The Back On Track program does not exist ...

Getting Your DUI Vehicle Immobilization Requirement Waived

When you are sentenced for a DUI charge, Florida law requires that you submit to a ten-day vehicle immobilization at your own expense. However, Florida law also permits a waiver of this requirement if you meet the following criteria. Under Florida law, a judge may waive the immobilization requirement if the defendant's vehicle is the only vehicle in the household, the vehicle needs to be used by ...

Common DUI Probation Violations

If you plead guilty or no contest to DUI in Miami-Dade County, Broward County, or Palm Beach County, you will be placed on probation for a minimum term of six months, for a first DUI . You can be placed on probation for twelve months for second and subsequent DUIs (so long as they are charged as misdemeanors). The conditions for DUI probation are standard - DUI school, community service hours, ...

The Importance of Timing in a DUI Case

As a South Florida criminal attorney, I do not like to rush things. I believe that time is your friend when you are facing criminal charges. I believe that time permits a good criminal lawyer to do a complete investigation of the case. However, when you are arrested for a DUI in the State of Florida, your driver's license is suspended upon the issuance of the DUI citation. In fact, there is (or at ...

Eric Matheny Among 23 Miami Attorneys Voted Best For DUI Defense!

Attorney Eric Matheny is honored to be named one of the Best DUI Lawyers In Miami by expertise.com . Their 2018 list evaluated 116 Miami-Dade County DUI defense attorneys and selected 23. The 23 DUI attorneys who were selected for 2018's list were included based upon the following criteria: 1. Reputation 2. Credibility 3. Experience 4. Availability 5. Professionalism Attorney Eric Matheny is ...

Where Does Florida Rank Among Other States For DUI Penalties?

It is my opinion that Florida is one of the tougher states when it comes to DUI penalties. However, according to the website wallethub.com. Florida ranks number 17 overall and number 24 when it comes to the severity of DUI sentences. For a first DUI , Florida does not require mandatory jail time. However, a first DUI will carry a mandatory conviction (adjudication), six months of probation, a ...

DUI Driver's License Suspensions: The Administrative Suspension And the Court Suspension

There are TWO different types of driver's license suspensions that you need to be concerned about when facing a DUI charge in the State of Florida. The first type of suspension is the administrative suspension. This is the suspension that automatically occurs when you are arrested for a DUI. The officer will seize your driver's license and your DUI citation will act as your temporary driver's ...

What Happens When You Complete Miami-Dade County's "Back On Track" Program

When you finish the Miami-Dade DUI diversion program " Back On Track ," it's important to remember that you DUI charge WILL NOT result in your DUI charge being dismissed. This is a common misconception about Back On Track. What will happen if you successfully complete Back On Track is that the State Attorney's Office will amend your DUI charge to a charge of reckless driving . The judge will ...

Locating DUI Checkpoints in Miami-Dade County

New Year's Eve is a night when DUI checkpoints will be conducted throughout Miami-Dade. While you should do everything in your power to avoid driving a car after drinking alcohol, you may also want to avoid DUI checkpoints as they give law enforcement officers an opportunity to detain you, which could lead to your arrest if you are suspected of impaired driving. Below is a link to a website that ...

Teen To Be Sentenced In DUI Manslaughter Case

The Miami Herald reports that a 19-year old man will soon learn his punishment after he pleaded guilty to DUI manslaughter and other charges in a crash which killed a 45-year-old man. On the day the young man's jury trial was to begin, he entered a guilty plea. This was an open plea to the court without an offer from the State. The teen is scheduled to be sentenced at 1:30 p.m. on January 27, ...

Is This Legal? No Refusal DUI Checkpoints

Check this out... As we all know, New Years Eve is one of the deadliest weeks of the year on the roads. There is no question that law enforcement will be in full force looking for DUI suspects. But now a new weapon is being used in the fight against drunk driving. It's a change that could make you more likely to be convicted. Florida is among several states now holding what are called "no refusal" ...

DUI Probation: Community Service Hours

If you accept a guilty or no contest plea to a charge of DUI or even a reduced charge of reckless driving, you will be required to complete community service hours. For first-time DUI offenders, the statutory requirement for community service hours is 50. For enhanced DUI offenders (.15 breath reading or higher), the number is 100. However, Florida law permits community service hours to be "bought ...

Drinking And Driving?

"Drinking and driving" is a common misnomer. It is not a crime to drink and drive. If you are 21 or older, you may consume alcohol and then drive a car. There is no law in the State of Florida that makes it illegal to drink alcohol and then operate a vehicle. It is a crime, however, to be impaired while driving. The crime of DUI is committed when somebody operates a motor vehicle on any roadway in ...

DUI Breath Cases

A lot of people who submit to a breath test feel like they have no chance of winning their DUI . I get a lot of people who come into my office lamenting as if they have already been convicted of DUI...and they haven't even been arraigned yet! The breath test is scary because we put so much darn faith in it. The prevailing opinion seems to be that if you blow over a .08 (the legal limit in ...

DUI Refiles

DUIs can be refiled. It is unfair, but it can happen. And it does. Criminal defense attorneys strive for dismissal in a DUI case. And with a good strategy, legally-sound motions, and perseverance, a "nolle prosse" on the day of trial or before trial is the best possible outcome. However, sometimes DUI cases are dismissed due to the State being unable to prove its case because a witness, or several ...

DUI: Implied Consent & Miranda Warnings

Take a look at your Florida driver's license and read the fine print at the bottom. It states that when you receive a Florida driver's license, you are giving your consent to submit to a breath test . This is called the "implied consent" law, because you imply your consent to submit to a breath test by maintaining a driving privilege in the State of Florida. As you know from previous posts, ...

DUI: Double Refusal

A "double refusal" is when a DUI suspect refuses to perform the field sobriety exercises and refuses to submit to the breath test . In that situation, the only evidence the State of Florida will have on which to prosecute you are the observations of the police officer(s) and statements, if any. Refusing a breath test is not without consequences. When you obtained your Florida driver's license, you ...

Enhanced Penalties For First DUI

Even on your first DUI , you can face enhanced penalties. Specifically, the Miami-Dade State Attorney's Office and Broward State Attorney's Office enforce the increased sentences as mandated by the Florida Legislature. On a first DUI, you are looking at the following sentence if you accept a guilty or no contest plea: An adjudication (conviction), court costs, 6 months of reporting probation , a ...

Horizontal Gaze Nystagmus (HGN)

The Horizontal Gaze Nystagmus, or HGN test, is a field sobriety exercise (or roadside test) conducted by police officers during the course of a DUI investigation. This is the test where officers place a stimulus, usually a pen, in front of your face and have you follow it with your eyes. Nystagmus is an involuntary twitching of the eye muscle. If you are impaired by alcohol or drugs, your eyes ...

Getting A DUI Dismissed

As a DUI attorney who practices in the Miami and Broward courts, I always accept a new client's DUI case with one goal in mind: getting that DUI dismissed. I believe that the key to getting a DUI dismissed is persistence and tenacity. You have to fight. You have to push forward. You cannot simply sit back and let the State Attorney's Office call the shots. You must be aggressive in your approach. ...

DUI Enforcement During Holiday Weekend(s)

One of my recent posts dealt with the subject of DUI checkpoints throughout Miami-Dade and Broward County. In fact, just last weekend, there was a DUI checkpoint on Collins and 96th in Bal Harbour. DUI checkpoints are ways for police officers to lawfully stop cars on a busy road in order to determine whether the drivers are impaired. Specific guidelines and notice of pending checkpoints must be ...

DUI Manslaughter

DUI Manslaughter is a very serious crime in the State of Florida. Both the Miami-Dade State Attorney's Office and the Broward State Attorney's Office assign only the most experienced prosecutors to handle these sensitive charges. In order to prove an accused person guilty beyond a reasonable doubt on the charge of DUI manslaughter, Florida law states: 1) The Defendant drove or was in actual ...

Felony DUI: 3rd Or Subsequent, Serious Bodily Injury, and DUI Manslaughter

Under normal circumstances, a DUI is a misdemeanor. However, I want to discuss three situations in which a DUI becomes a felony. If this is your 3rd DUI within 10 years of your last DUI conviction, or your 4th DUI at any point in time after your last DUI conviction, the charge becomes a third-degree felony punishable by up to 5 years in prison. For a 3rd DUI within 10 years, there is a mandatory ...

DUI Field Sobriety Exercises

If you are stopped, and the police officer suspects that you are DUI , he or she may ask you to perform Field Sobriety Exercises (FSEs), also known as "field sobriety tests," or simply "roadsides," due to the fact that these tests are conducted along the side of the road. When you are pulled over for a suspected DUI, the officer will usually ask you to step out of the car and perform these tests. ...