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DUI Basics In Miami, Florida


August 15, 2014

If you're arrested for DUI in Miami or the South Florida area you have some important decisions to make. As lawyers who represent clients charged with DUI, there are some questions we want to know about your case so we can help guide you in making decisions about your case.

The first question we want to know is whether you have ever been arrested for DUI before? The answer to this question will affect the decision tree matrix in your DUI case. If you have a prior DUI arrest, even if it was not a conviction, you will not be eligible for the DUI diversion program in Miami that is called "Back on Track" or BOT. If you have a prior DUI conviction, then you will be facing enhanced minimum mandatory penalties, possibly including jail.

The second question we want to know is whether there was an accident and whether anyone was hurt. Again, the answer to this question can affect the options for how we handle your DUI case.

The third question we want to know is whether you provided a breath sample? This will affect the possible license suspension in your case as well as whether you are eligible for the BOT DUI diversion program.

Many clients want to know if they have to provide a breath sample when stopped and arrested for DUI. The answer is contained on your Florida Driver's license. It's on there in small print: in exchange for the privilege of getting a driver's license in Florida, you agree to provide a breath, blood or urine sample when lawfully requested by a police officer. If you do not provide a breath sample, then you face a one year driver's license suspension by the Florida Department of Highway and Safety and Motor Vehicles. Look for a separate blog post of the issues of DUI license suspension and how you can obtain a work permit and a hardship license.

Back on Track DUI Diversion Program:
If you qualify for the BOT DUI diversion program, then by agreeing to enter and complete the program, you can guarantee that your DUI will be reduced to a reckless driving. NOTE: The BOT diversion program is available only in Miami-Dade County. If you are arrested for DUI in other Florida counties, those counties may or may not have a similar diversion program.

BOT REQUIREMENTS:
1)No prior DUI convictions or reductions from DUI to reckless driving.
2) A breath sample below .20. If you refused to provide a breath sample, you may still may be eligible for BOT diversion.
3) You must have a valid driver's license at the time of the arrest.

We successful place many clients every month into the DUI BOT diversion program. For clients that do not qualify or who do not want to enter the program, we offer a variety of ways to defend your DUI case. You can read more about the BOT program on our page DUI Defense.

TIME IS OF THE ESSENCE:
From the moment you are arrested for DUI, a clock starts ticking that can result in the suspension of your driver's license for up to a year weeks before you ever have a court date. That is why you need to call us as soon as possible after your or somebody you know has been arrested for DUI. We can guide you through the labyrinth of laws, rules, and seemingly bizarre regulations and help you get driving with a valid driver's license as soon as possible after your DUI arrest.

Sometimes people make a mistake and drive after having too much to drink.
Sometimes police officers make a mistake and arrest someone who has not been drinking or is not impaired.
In either event, call us: When Bad Things Happen To Good People, We Can Help.