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Defense for Drunk Driving Charges in Florida

Driving under the influence of alcohol or another controlled substance, commonly known as DUI, is a serious offense. Florida authorizes law enforcement to stop a vehicle based on indicators of DUI including erratic, reckless or careless driving among others. Upon speaking with the driver, the officer can make additional determinations as to whether intoxication exists, and may request a blood alcohol test.


The standard limit for DUI is a blood alcohol level of .08 which can be determined through a variety of different methods such as blood test, urine sample or the breathalyzer test. A field sobriety test may also identify common aspects of intoxication, although tests that measure blood alcohol level can generally be considered much more solid evidence through the DUI process in court.

What happens if you fail a field sobriety test?

If the driver fails a field sobriety test, or a test that measures blood alcohol level, then the law enforcement officer may immediately place the driver under arrest for DUI. This is a critical time for an offender, because any decisions made after arrest can have significant positive or negative consequences.

According to the Florida Statutes §316.193 (2011), the penalties will vary based on whether it was a first conviction, whether an accident was caused, or how high the driver's blood alcohol content was. When the stakes are high, turn to an attorney who understands and can effectively handle these cases.

Contact a Miami DUI lawyer at the Tomas Law Firm today.

dui administrative hearing florida

Drunk driving not only carries criminal penalties, but administrative penalties as well. These administrative penalties primarily concern your right to drive. If you are arrested for a DUI, you will face the possibility of a license suspension. Florida has a ten day rule when it comes to requesting an administrative hearing. While these are not required, if you request a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days, you can contest your driver's license suspension. If you fail to request this hearing, then your license will go into suspension for the required period of time.


Standard DUI suspension and revocation periods are as follows:

  • First DUI conviction: 180 to one years' suspension
  • Second DUI conviction: within five years, a 5 years' minimum revocation
  • Third DUI conviction: within ten years, a 10 years' revocation
  • Fourth DUI conviction: mandatory permanent revocation
  • DUI with injury: minimum 3 years' revocation
  • DUI manslaughter conviction: minimum 3 years' revocation


Hardship reinstatement of your driver's license is available for first, second and third DUIs, and some DUI convictions that involve injury or death of another. A Miami DUI attorney will be able to tell you if hardship reinstatement is available in your situation. The state of Florida aggressively prosecutes DUI offenders.

Legal Defenses for DUI in FL

If you have been arrested or charged with this offense, then Attorney Tomas may be able to help. This firm can contest the evidence that warranted your charge, such as the field sobriety test evidence, chemical test evidence (breath, blood or chemical test) and the lawfulness of the police stop itself. You are innocent until proven guilty and you have the right to legal representation after a DUI arrest.

When You Need a Miami DUI Lawyer On Your Side

When you call the Tomas Law Firm, you can find the insight and legal experience you need to fight your first-time DUI or multiple DUI charges. The Miami DUI attorney provides aggressive and proactive defense that is tailored to each individual's situation so that their clients can achieve favorable outcomes for their criminal charges. From DUI's involving motor vehicle accidents to other serious felony DUI charges, Attorney Tomas understands what is at stake with your case and will vigilantly defend your rights.

Contact Attorney Tomas today for the aggressive defense you need with out Miami DUI lawyer!

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