DUI Cases

There are many types of DUI or Driving Under the Influence cases. If you drive or are in actual physical control of a vehicle and your alcohol level is .08 or above you can be convicted of DUI. See below for a list of some DUI cases and potential punishment for each:

  1. First DUI - This crime is a first degree misdemeanor. A first time offender can be imprisoned up to six months or up to nine months if you blew a .20 or higher. If convicted, a person can be placed on probation for up to one year, lose their license for six months to a year, be ordered to perform a minimum of 50 community service hours, and have their vehicle will be impounded for 10 days

  2. Second DUI within 5 years - This is also a first degree misdemeanor, however, if convicted a person will be required to serve ten days in jail, lose their license for 5 years, and will have their car impounded for thirty days.

  3. Felony DUI - This is a third degree felony and is punishable by up to five years in jail. It requires that you have been convicted of DUI three times within 10 years. If a person is convicted their license will be suspended for a minimum of ten years.

  4. DUI Manslaughter- This is the most serious form of DUI which results when someone dies as a result of an accident involving alcohol. This is punishable by up to fifteen years and punishable up to thirty years if a person leaves the scene of the accident knowing someone was injured.

Did you know?

  1. DUI cases are very scientific, particularly DUI Manslaughter cases. You should seek a lawyer who has extensive experience in this area of law, including presenting accident reconstruction testimony and attacking breathalyzer results. Ask how many motions or trial your potential attorney has argued in DUI cases.

  2. Unless you apply for a formal review hearing at the Department of Motor Vehicles your license will be suspended until your DUI case is closed. You must apply for a formal review hearing to try to get your license back within 10 days of getting arrested for DUI.

  3. You may be able to have the evidence against you as a result of blowing into a breathalyzer suppressed, or kicked out of court, if the breathalyzer wasn't working correctly or wasn't maintained in the right way.

  4. The road side sobriety tests administered to drivers are nearly impossible for most people to perform even when they are not impaired. Your lawyer should be prepared to argue that these results are unreliable.

  5. If the police didn't have a good reason to stop you, all of the evidence that they collected as a result of the stop can be thrown out of court.

Have you been charged with DUI?

When choosing a DUI lawyer, experience is most important. Patrick Trese was the Chief of the DUI unit in Miami Dade County for five years. He has litigated thousands of DUI motions and has litigated numerous DUI Manslaughter cases, including the Dante Stallworth case. Call Williams and Trese today for a free consultation with Patrick Trese.