Miami DUI Attorney Blog

Florida is a very popular vacation destination for its beaches, night life and tourist attractions. Unfortunately, all of the recreation can often lead to excessive drinking, or the consumption of drugs, and may result in a driving under the influence arrest.

Our client was on vacation in Florida and stopped by police for weaving between lanes. The North Carolina resident failed field sobriety testing and the police placed her under arrest for Driving Under the Influence, Florida Statute 316.193, as well as, issuing a citation for Failure to Maintain a Single Lane. She submitted to a breath test with results of .158 & .168.

Our attorney's negotiated with the State Attorney's office and the State agreed to dismiss the DUI charge. Our client plead to a lesser charge of Reckless Driving. The Failure to Maintain a Single Lane was dismissed completely.

Whether a person is a resident of Florida, or an out-of-state driver, if caught drinking and driving they can face a possible arrest and DUI conviction. Our experienced Miami DUI attorneys strive to  protect the rights of tourist accused of DUI.

Driving Under the Influence is a serious criminal offense in the State of Florida.  Consequences can include fines, suspension of driver's license, or even jail time. Whether the police had enough evidence to justify a stop, detention, and arrest for a DUI is critical to any case. DUI defense attorneys at Musca Law concentrate on DUI and know the defenses that win. Our team is ready to take on your case and get the justice you deserve by providing a rock solid defense.

The first stage in most DUI cases is the initial traffic stop for a simple traffic infraction, such as the case of our client. He was stopped for speeding after being followed by police traveling 55mph in a 35mph zone. Upon contact the officers noticed signs of impairment including; a strong odor of alcohol, slurred speech and watery eyes. The officers offered our client field sobriety testing and he refused.  An individual has the right to refuse physical sobriety exercises, and should. These "tests" are designed for failure and are often difficult for people to perform when they are sober. Police arrested our client and charged him with DUI, under Fla. Statute 316.193. He refused to submit to a breath test; as a result his driver's license was suspended.

Upon arrest for DUI, or refusal to submit to a breath test, an individual's license will be suspended. Their DUI citation acts as a temporary driver's license. The person has 10 days to file the necessary paperwork to request a hearing from the Department of Safety and Motor Vehicles to challenge the suspension. Failure to request a hearing within that timeframe results in an automatic suspension.

Our attorneys filed the necessary paperwork with the Department of Motor Vehicles on behalf of our client, challenging the suspension of his license. The DMV Hearing Officer agreed with our attorney's argument, finding insufficient evidence to support the suspension of our Client's license, thereby restoring his driving privilege. After aggressive negotiations with the Prosecutor, we convinced the State they would be unable to meet the burden of proof to secure a DUI conviction. The State agreed to dismiss the DUI charge and our client plead to a lesser charge.

Florida law enforcement officers must justify a DUI arrest with legitimate reasons for making the initial traffic stop. Police will make every observation they can to demonstrate signs of intoxication. These observations are included in their police report and video recorded evidence. Miami DUI defense attorneys at Musca Law fight to protect our client's rights. We carefully examine police reports and other evidence claiming that our client appeared drunk. Common signs of intoxication often have legitimate causes unrelated to drinking alcohol. These underlying causes are among the issues our legal team will aggressively challenge on behalf of our client.

Recently one of our clients was accused of running a stop sign and the police officer claimed he showed signs of impairment. These symptoms included bloodshot eyes and a sway while walking. The officer offered him the opportunity to perform field sobriety tests. Upon completion, our client was arrested and charged with Driving Under the Influence (Fla. Statute 316.193).

Our client was adamant in his claim that he did not run the stop sign. The stop sign is set back and because of overgrown shrubbery, there is poor visibility of oncoming traffic at that intersection. He claimed he needed to pull forward in order to get a clear view before he proceeded.  His blood shot eyes were a result of spending the day swimming and soaking in a hot tub. Our client also suffers a permanent physical disability that affects his walking and creates a sway. The disability also affects his balance and coordination. Based upon these facts we created a strong defense strategy.

Our knowledgeable DUI attorneys successfully convinced the State Attorney that they would be unable to secure a DUI conviction. After extensive negotiations the the DUI was amended to Reckless Driving and the running a stop sign violation was dismissed. Experience Counts!

Our client was driving home at midnight and his vehicle was followed by the police for 2 miles. The police felt his vehicle was weaving between lanes and traveling at increasing and decreasing speeds. His vehicle was stopped by the police, as they suspected alcohol intoxication. Our client complied with the officer's request to perform roadside field sobriety tests.

According to the officer who administered the tests, our client's performance was below the standard and he was arrested for Driving Under the Influence, under Fla. Statute 316.193. He was also issued an Open Container violation because he had an open can of beer in his car. Our client refused to take a breath test and was charged with Refusal to Submit, under Fla. Statute 316.1932.

By taking an aggressive stance for our client, we pushed forward negotiating with the State Attorney assigned to his case. Our highly skilled DUI defense team challenged whether or not the officers had probable cause to make the initial stop. We also challenged his refusal to submit to a breath test. The State agreed with our argument and reduced the DUI charge to Reckless Driving.  The Refusal to Submit charge was dismissed completely.

Miami DUI defense attorneys at Musca Law are extremely knowledgeable in defending breath and blood test refusals, and can also help drivers who have failed field sobriety tests. Having a skilled criminal defense lawyer to assert your rights can make the difference in the penalties imposed for a DUI arrest.

A 1995 white Mercedes with Florida tags caught the attention of the police as it seemed to be speeding. The police decided to follow the vehicle. A few blocks later, they witnessed the driver attempting to make a left hand turn. The driver misjudged the turn and hit the cement curbing. His car landed in shrubbery and he was a bit dazed by the mishap. The police officers made contact with the driver and noticed a strong odor of alcohol along with slurred speech. The driver refused field sobriety tests and refused to take a breath test. He was arrested and charged with Driving Under the Influence (DUI), DUI with Property Damage, and Refusal to Submit to Breath Test.

The Miami DUI attorneys at Musca Law consistently provide winning legal defense strategies to clients who are facing serious DUI charges. Our success is based upon prompt investigation of the facts involved and an aggressive challenge to the evidence against our client.

In this DUI case, we recognize that research conducted by the National Highway Traffic Administration does not include speeding as a possible symptom of DUI. Because of quicker judgment and reflexes involved, speeding may indicate sobriety. Unlike the breath test, where refusal to submit may have serious consequences, our client had the legal right to refuse field sobriety testing. In most situations, police officers have already made up their mind on a DUI arrest and the sobriety tests are just additional evidence to use against the suspect.

Our experienced DUI defense attorneys successfully convinced the prosecutor that they did not have sufficient evidence to support a DUI conviction against our client. The admissibility of his refusal to submit to a breath test was assertively challenged by our defense team. The State Attorney agreed, and the charge of DUI was broken down to Reckless Driving, whereby adjudication was withheld. In other words there was no conviction! This decision meant our client did not have 4 points assessed to his driving record and did not have to bear the burden of increased insurance rates. The charges of Refusal to Submit, and DUI with Property Damage, were dismissed completely.

Driving home from a late night gathering with friends, Monroe County Deputies noticed our client was driving below the speed limit. He was traveling approximately 45mph in a 55mph zone. Deputies also felt his vehicle was swaying from side to side. Upon conducting a traffic stop, they noticed the driver's eyes were glassy, his speech was slightly slurred, and an odor of alcoholic beverages. At the request of the officers, the driver agreed to perform Standardized Field Sobriety Testing.

The Deputies were of the opinion he swayed while performing the tests. Based on the driving pattern observed, the odor of alcohol, his physical appearance, and his performance on the sobriety tests, the Deputies believed the driver was impaired by alcohol. The driver was transported to the Key West DUI room for further processing. After a twenty minute observation, the defendant gave two breath samples of .085 and .080. The defendant was booked at Monroe County Jail for Driving Under the Influence, under Florida Statute 316.193(1).

 
The seasoned Miami DUI attorneys at Musca Law provide aggressive defense strategies for our clients. We investigate every aspect of the charges our client face to make sure fair results are achieved. In this case, we were able to successfully challenge the results of the breathalyzer and its accuracy. After reviewing video of the sobriety testing, we disagreed with the deputy's opinion of our client's performance. We presented a strong argument on his behalf and challenged the evidence the State had against him.

After numerous attempts to negotiate this case, the State finally agreed to reduce the charge to Reckless Driving, with a Withhold of Adjudication. This meant that our client did not get convicted, or have 4 points assessed to his driver's license. We also had further success in winning the formal hearing review with the Department of Motor Vehicles for our client. The Hearing Officer determined that there was insufficient evidence to support law enforcement officers had probable cause to believe our client was driving under the influence. Our client's license was never suspended. Experience Counts!

When a Florida Sherriff's department dispatched a "be on the lookout" (BOLO) alert for a 2007 Chevy Impala, a Monroe County deputy did a sharp u-turn after realizing he had passed a vehicle matching the description, parked on the side of the road. The alert was an attempt to locate a missing person through the assistance of OnStar services. OnStar, the General Motors communication system, can use its' GPS technology to assist police officers in situations where a police report of a missing person has been filed. In this case, it was the OnStar representative who advised the police dispatch of the car's exact location.

The officer approached the parked car and found a woman sitting in the driver's seat with the keys in the ignition and car running. A man was outside the vehicle, leaning against it. The officer made contact with the woman and asked her for identification. Her ID matched the information of the woman reported missing. The woman, a North Palm Beach resident, told the officer she had an argument earlier in the day with her husband and decided to take a trip to Key West with her friend. They had been driving for a while and decided to stop and rest. She felt her husband was making an attempt at getting back at her by reporting her as missing.

According to the deputy, the woman had bloodshot and watery eyes, slurred speech, and a strong odor of alcohol on her breath. He also noticed inside the vehicle there were open containers of alcoholic beverages. The woman noted she was taking medication for bipolar disorder and depression. The deputy asked the woman to perform voluntary field sobriety testing. Based on his investigation he placed the woman under arrest for Driving Under the Influence (DUI) under Fla. Statute 316.193. The 41 year old woman was also issued a civil citation for Open Container, Fla. Statute 316.1936(2)(a) and transported to Key West Jail. The Department of Motor Vehicles suspended the woman's license.

The woman was a first time offender and turned to the highly seasoned Miami DUI attorneys at Musca Law for legal counsel. Our experienced attorneys handle DMV proceedings in addition to representing DUI clients in the criminal phase of their case. We conduct a thorough investigation and exhaust every legal option in an effort to devise an effective defense strategy for DUI arrests.

Our DUI attorneys actively engaged in negotiations with the State Attorney in an attempt to resolve our client's case as expeditiously as possible. First, we researched the facts to determine whether the State Attorney could prove our client was the driver of the vehicle. The issue of the BOLO alert was also called into question by our DUI defense team. The alert was generated by a 3rd  party source, OnStar. The alert was based solely on statements of a 3rd party and had numerous levels of hearsay.

The officer originally drove by the parked car, but for the alert, the officer would not have made the arrest. The sole credibility for the stop/approach of our client's vehicle was the OnStar BOLO. We questioned the State's ability to ultimately admit the OnStar BOLO into evidence, or otherwise use it to support the officer's stop/approach investigation and questioning of our client. The State Attorney realized the officer's observation may not have been enough to legally justify the stop. As a result, the DUI charge was reduced to Reckless Driving. The misdemeanor charge of Open Container was dropped.

When Miami police spotted a black Audi bearing Florida tags that seemed to be weaving in and out of the left lane and almost striking the curb, a traffic stop was performed at the 800 Block of Washington Ave. At 5am, the occupant of the car a 34 year old Israeli citizen, appeared to the officers as disheveled and speech impaired. The officers suspected the individual was under the influence and offered him the Standardized Field Sobriety Test (SFST). 

The officers claimed the driver's performance did not meet the standards of the SFST test and took him to the Miami Broward Police Department for a Breath Test. The driver was compliant with the officers throughout the process. Under Florida Statutes the operation of a motor vehicle constitutes consent to any sobriety test required by the law. The officers arrested the individual and charged him with Driving Under the Influence (DUI) resulting in the suspension of his driver's license.

An arrest under Florida Statute Section 316.193, Driving Under the Influence, can have serious consequences. A conviction on DUI charges will result in criminal penalties in the form of fines, license suspension and perhaps even imprisonment. These criminal penalties for DUI apply to a person who is driving the vehicle or who is in actual physical control. Under strict Florida law, if a person is intoxicated and just sitting in the car with the keys in their possession, they could be arrested for the crime of DUI. In addition to the criminal sanctions that might be imposed, insurance rates may increase to unmanageable levels. 

This case came to the attention of the rock solid criminal defense team at Musca Law. The defendant sought the assistance of experienced attorneys to defend him against the impaired driving charge. With his driver's license suspended because of this charge, he would be unable to maintain his employment, jeopardizing the welfare of his family. 

In an attempt to invalidate the suspension of his license, Musca Law attorneys requested a hearing on behalf of our client with the State of Florida Department of Highway Safety and Motor Vehicles. Upon reviewing the facts, the Department agreed with our attorneys, determining there was insufficient evidence supporting law enforcement officers had probable cause to believe the defendant was driving while under the influence of alcohol. The attorneys also convinced the Hearing Officer that there was insufficient evidence to conclude the defendant had had unlawful blood-alcohol levels.  The favorable decision from the Department Hearing Officer gave the defendant eligibility to receive a duplicate license, continue driving and maintain his employment. 

Our Miami based DUI attorneys, using an aggressive defense philosophy, had further success in this case. Our client had a heavy foreign accent; often police officers mistake an accent for slurred speach and suspect DUI. By presenting a strong defense on behalf of our client, the charges of DUI, carrying severe penalties and fines under Florida laws, were reduced to lesser charges of Reckless Driving under Florida Statutes 316.192 (1) (B).