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Miami DUI Defense

From first offenses to felony DUI, George Law attorneys know Florida DUI law — and how to challenge it.

Florida DUI Law — What You Need to Know

In Florida, a DUI (Driving Under the Influence) charge can result from operating a vehicle while impaired by alcohol, controlled substances, or chemical substances. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers 21 and over, 0.04% for commercial drivers, and 0.02% for drivers under 21.

Being charged is not the same as being convicted. Many DUI charges can be challenged, reduced, or dismissed entirely — but only with an experienced attorney who understands the science, procedure, and law behind these cases.

Types of DUI Cases We Handle

First Offense DUI
Misdemeanor — Up to 6 months jail
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A first DUI in Florida carries fines of $500–$1,000, possible jail time of up to 6 months (9 months with BAC over .15), 50 hours community service, and license revocation of 180 days to 1 year. However, many first-time DUIs can be resolved favorably with the right defense strategy, particularly if there are issues with the traffic stop, breathalyzer, or field sobriety testing.

Second & Third Offense DUI
Enhanced penalties — Possible felony
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A second DUI within 5 years of a prior conviction carries mandatory minimum jail time of 10 days. A third DUI within 10 years is a Third-Degree Felony. These cases demand immediate, aggressive legal action. George Law has successfully defended numerous repeat-offense DUI clients in Miami-Dade and Broward counties.

DUI with Serious Bodily Injury
Third-Degree Felony — Up to 5 years
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When a DUI results in serious bodily injury to another person, it becomes a Third-Degree Felony in Florida. This carries penalties of up to 5 years in prison, $5,000 in fines, and up to 5 years of probation. These cases require an attorney with criminal trial experience and an understanding of both DUI law and personal injury proceedings.

Florida DUI / DUI Manslaughter
Second-Degree Felony — Up to 15 years
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DUI Manslaughter is among the most serious charges in Florida, carrying up to 15 years in prison if the driver failed to render aid (First-Degree Felony carrying up to 30 years). These cases require immediate, comprehensive legal defense — challenging every element of the prosecution’s case from BAC evidence to causation.

Underage DUI (Zero Tolerance)
BAC of .02% or higher — Immediate suspension
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Florida’s Zero Tolerance law means drivers under 21 face an automatic 6-month license suspension for a BAC of just 0.02%. A conviction can devastate a young person’s future, affecting college admissions, scholarships, and early career opportunities. We fight hard to protect young clients’ futures.

Florida DUI Penalties at a Glance

Offense Fines Jail Time License Suspension
1st Offense $500–$1,000 Up to 6 months 180 days – 1 year
1st Offense (BAC ≥ .15) $1,000–$2,000 Up to 9 months 180 days – 1 year
2nd Offense $1,000–$2,000 10 days – 9 months 5 years (if within 5 yrs)
3rd Offense (within 10 yrs) $2,000–$5,000 30 days – 12 months 10 years
DUI w/ Serious Injury Up to $5,000 Up to 5 years 3 years minimum
DUI Manslaughter Up to $10,000 Up to 15 years Permanent revocation

How We Challenge DUI Charges

A DUI arrest does not mean a DUI conviction. There are many powerful legal defenses available in Florida DUI cases:

Illegal Traffic Stop

If police lacked reasonable suspicion to stop you, all evidence gathered afterward can be suppressed.

Breathalyzer Challenges

Breathalyzers must be properly calibrated, maintained, and administered. Any failure can invalidate your BAC reading.

Field Sobriety Test Issues

FSTs are subjective and often improperly administered. Medical conditions and uneven terrain can affect results.

Rising BAC Defense

Your BAC may have been below 0.08% while driving and risen by the time you were tested.

Blood Test Challenges

Chain of custody, storage, and laboratory errors can make blood test results inadmissible.

Miranda Rights Violations

Statements made without proper Miranda warnings may be suppressed from evidence.