Facing a Driving Under the Influence (DUI) charge in Florida is a serious matter that can have profound effects on your life. The consequences of a DUI conviction can include hefty fines, loss of driving privileges, increased insurance premiums, mandatory counseling, installation of ignition interlock devices, and even imprisonment. At the Law Office of Adriana P. Santiesteban, we understand the stress and uncertainty that come with DUI charges. Our law firm is dedicated to providing aggressive and effective legal representation to protect your rights and minimize the impact on your future.
Attorney Santiesteban brings extensive experience and a deep understanding of Florida’s DUI laws to each case. We offer personalized legal strategies tailored to your unique circumstances, working diligently to achieve the best possible outcome. Whether it’s your first offense or you have prior convictions, we are committed to defending you with professionalism and integrity.
Understanding DUI Charges in Florida
In Florida, it is illegal to operate a motor vehicle if your blood alcohol concentration (BAC) is 0.08% or higher, or if you are under the influence of alcohol, chemical substances, or controlled substances to the extent that your normal faculties are impaired.
Key Aspects of DUI Laws:
- Per Se DUI: A BAC of 0.08% or higher is sufficient for a DUI charge, regardless of visible impairment.
- Impairment DUI: Even if your BAC is below 0.08%, you can be charged if law enforcement believes your abilities are impaired.
- Zero Tolerance for Underage Drivers: Drivers under 21 can be charged with a BAC of 0.02% or higher.
- Enhanced Penalties: Higher BAC levels (0.15% or above) or having minors in the vehicle can lead to more severe penalties.
Consequences of a DUI Conviction
A DUI conviction carries both criminal and administrative penalties that can escalate with subsequent offenses.
First Offense:
- Fines: Between $500 and $1,000; up to $2,000 if BAC is 0.15% or higher or a minor was in the vehicle.
- Imprisonment: Up to 6 months; up to 9 months with elevated BAC or minor passenger.
- License Suspension: Minimum of 180 days up to 1 year.
- Probation: Up to 1 year, with a combined sentence of imprisonment and probation not exceeding 1 year.
- Community Service: Mandatory 50 hours or an additional fine of $10 per required hour.
- Vehicle Impoundment: 10 days.
- Ignition Interlock Device (IID): Required for at least 6 months if BAC is 0.15% or higher or a minor was in the vehicle.
Subsequent Offenses:
Penalties increase significantly with each additional DUI conviction, including longer imprisonment, higher fines, extended license suspension, and longer IID requirements.
Additional Consequences:
- Criminal Record: A DUI conviction results in a permanent criminal record.
- Employment Impact: Difficulty obtaining or maintaining employment, especially in jobs requiring driving.
- Insurance Rates: Significant increases in auto insurance premiums.
- Educational Opportunities: Potential impact on scholarships or admissions.
Our Legal Services for DUI Charges
At the Law Office of Adriana P. Santiesteban, we offer comprehensive legal services to address all aspects of your DUI case.
Case Evaluation
- Initial Consultation: Reviewing the details of your arrest and charges.
- Evidence Analysis: Examining police reports, breathalyzer results, field sobriety test procedures, and any video or audio recordings.
- Legal Assessment: Identifying constitutional violations, procedural errors, and weaknesses in the prosecution’s case.
Defense Strategies
- Challenging the Traffic Stop: Determining if the officer had probable cause or reasonable suspicion to initiate the stop.
- Questioning Field Sobriety Tests: Scrutinizing the administration and interpretation of field sobriety tests for accuracy and compliance with standardized procedures.
- Breathalyzer and Blood Test Accuracy: Investigating the maintenance and calibration records of testing devices and the qualifications of the administering personnel.
- Medical Conditions: Presenting medical issues that could have affected test results or behavior (e.g., diabetes, neurological disorders).
- Improper Procedure: Identifying violations of your rights, such as failure to read Miranda warnings or unlawful search and seizure.
- Negotiation: Working with prosecutors to reduce charges, potentially to reckless driving (“wet reckless”) or secure alternative sentencing options.
Representation in Administrative Hearings
- License Suspension Hearings: Representing you in hearings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge administrative license suspensions.
- Hardship License Applications: Assisting in obtaining a temporary or restricted license to maintain your ability to drive for essential purposes.
Court Representation
- Pre-Trial Motions: Filing motions to suppress evidence obtained unlawfully.
- Trial Advocacy: Defending you vigorously in court, presenting a compelling case to the judge or jury.
- Sentencing Advocacy: If conviction is unavoidable, advocating for reduced penalties or alternative sentencing like rehabilitation programs.
Our Approach
Personalized and Strategic Defense
We recognize that every DUI case is unique. Our approach involves:
- Client Collaboration: Working closely with you to understand your perspective and concerns.
- Transparent Communication: Keeping you informed about your case’s progress and explaining legal strategies in clear terms.
- Aggressive Defense: Utilizing all available legal avenues to challenge the charges against you.
- Compassionate Support: Providing guidance and support throughout the stressful legal process.
Utilizing Expert Resources
- Expert Witnesses: Collaborating with toxicologists, medical professionals, and accident reconstruction experts when necessary.
- Legal Research: Staying up-to-date with the latest developments in DUI law to strengthen your defense.
Why Choose the Law Office of Adriana P. Santiesteban
- Extensive Experience: Attorney Santiesteban has a proven track record in successfully defending clients against DUI charges.
- Dedication to Clients: We prioritize your needs and work tirelessly to protect your rights and future.
- Local Knowledge: Familiarity with Miami-area courts, judges, and prosecutors enhances our ability to navigate your case effectively.
- Bilingual Services: Fluent in English and Spanish, we serve Miami’s diverse community with understanding and respect.
- Accessible and Responsive: We are readily available to address your questions and concerns promptly.
Contact Us
Protect Your Rights—Act Now
If you’ve been charged with a DUI, time is of the essence. The Law Office of Adriana P. Santiesteban is here to provide the aggressive legal defense you need. Contact us today for a confidential consultation to discuss your case and explore your options.
Phone: (786) 360-2122
Cell: (305) 202-4171
Fax: (305) 735-7663
Email: Adriana@Attorneyaps.com
Address: 11890 SW 8th Street, Suite 406, Miami, FL 33184
Frequently Asked Questions (FAQs)
Q: Should I plead guilty to a DUI charge?
A: You should consult with an experienced DUI attorney before making any decisions. Pleading guilty without legal advice can result in unnecessary penalties and a permanent criminal record.
Q: What happens if I refuse a breathalyzer test?
A: Under Florida’s implied consent laws, refusing a breathalyzer or other chemical test can result in an automatic license suspension of up to 18 months and may be used against you in court.
Q: Can a DUI charge be reduced or dismissed?
A: Yes, with effective legal representation, charges can sometimes be reduced to a lesser offense or dismissed entirely, depending on the circumstances and evidence.
Q: How long will a DUI conviction stay on my record?
A: A DUI conviction in Florida remains on your criminal record permanently. However, in some cases, it may be possible to seal or expunge the record.
Q: Will I lose my license after a DUI arrest?
A: You may face administrative license suspension by the DHSMV separate from criminal penalties. You have 10 days from the date of arrest to request a formal review hearing to contest the suspension.
Q: Can I get a hardship license to drive to work or school?
A: Possibly. We can assist you in applying for a hardship license, allowing limited driving privileges during your suspension period.
Q: What are the costs associated with a DUI conviction?
A: Beyond fines, costs can include court fees, probation fees, DUI school expenses, increased insurance rates, ignition interlock device installation and maintenance, and more.
Q: Do I have to install an ignition interlock device?
A: Installation of an IID may be mandatory, especially for higher BAC levels or repeat offenses.
Q: How can a DUI affect my employment?
A: A DUI conviction can impact professional licenses, security clearances, and employment opportunities, particularly in positions that require driving.
Q: What is a “wet reckless” plea?
A: A “wet reckless” is a plea bargain to a reckless driving charge involving alcohol. It carries fewer penalties than a DUI but still reflects alcohol involvement.
Don't face DUI charges alone.
Contact the Law Office of Adriana P. Santiesteban today to secure skilled legal representation and protect your future.
