Miami DUI First Offense Attorney
Getting pulled over for drinking and driving may not seem like a big deal. After all, it’s just a misdemeanor. However, Florida is strict when it comes to DUI laws. You could face a slew of penalties, including fines, prison time, license revocation, probation, and community service.
The courts are not always lenient on first-time offenders. But with the right lawyer and your case having the right criteria, a reduction in penalties or even dismissal is possible.
Even if this is your first time, you should not handle the case on your own. You need a strong defense from a Miami DUI first offense attorney from Asilia Law Firm.
Can a First-Time DUI Get Dismissed?
In some cases, your DUI case may be available for dismissal and subsequent expungement through a pretrial intervention program. If you are a first-time offender who has never participated in a pretrial intervention program in the past, then you may be eligible.
Dismissal of a first-time DUI can also occur if there are errors in the case. These may include insufficient or inadmissible evidence, DUI test errors, or a violation of constitutional rights.
A plea bargain can help reduce your charges. Instead of jail time, for example, your lawyer may be able to fight for probation, community service, or DUI school.
Otherwise, as a first-time offender, you could face as much as $1,000 in fines, up to six months in jail, 50 hours of community service, and the possibility of losing your driver’s license for up to six months. If you have no significant prior criminal history, you could receive fewer penalties.
Defenses to DUI Charges
Here are several defenses that your lawyer may use:
- Lack of probable cause. If law enforcement officers did not have a valid reason to stop your vehicle or lacked probable cause to suspect you were driving under the influence, any evidence obtained during the stop may be inadmissible in court.
- Improper administration of field sobriety tests. Field sobriety tests such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus must be administered correctly to be considered valid. If the officer did not administer the tests properly, the results may be challenged.
- Inaccuracy of Breathalyzer or blood tests. Breathalyzer and blood tests can be subject to error due to improper calibration, maintenance issues, or operator error. Challenging the accuracy of these tests can be a defense strategy.
- Medical conditions. Certain medical conditions or medications can affect Breathalyzer or blood test results. If you have a medical condition or were taking medication that could have influenced the test results, this may be used as a defense.
Contact Asilia Law Firm Today
A first-time DUI may seem like no big deal, but there are potentially many penalties involved. You’ll need the right legal help to protect your legal rights.
A Miami DUI first offense attorney from Asilia Law Firm can assess your case and see if the charges can be reduced or even eliminated. Schedule a consultation with our office to learn more. Fill out the online form or call (786) 420-3014.