Defense to Depend On Call the Miami criminal defense attorneys at Hager & Schwartz, P.A. to get started on your defense!

DUI Lawyer in Miami

Two Ways the State May Seek to Prove DUI

Florida law permits the prosecution of persons who are charged with DUI in either of two ways:

1. The State can prove driving under the influence charge by proving that the driver was driving a motor vehicle while his normal faculties were impaired. This type of case can be pursued even if no alcohol content test result exists from a blood, breath or urine test. These are commonly called refusal cases. Proving a driving under the influence charge in this manner usually requires the State to rely upon the subjective opinion of the arresting officer(s) in proving that the defendant had a suspicious driving pattern, smelled like alcohol, and/or performed poorly on the field sobriety tests. These characteristics alone often lead to an arrest for driving under the influence.

Unfortunately for the defendant, Florida's implied consent law requires submission to a breath test when under suspicion of driving under the influence. As a result, the state will in a refusal case argue to a jury that the defendant's refusal of a breath test should be considered as what they commonly call "consciousness of guilt." In other words, the state will ask the jury to consider what the defendant was afraid of in their decision to violate the law by refusing to provide a breath sample. They will argue that if he/she was really not impaired, then providing a breath sample to prove such would have prevented the prosecution of the case. This is an argument that is often permitted by judges in a refusal case.

2. The second way that the State may attempt to prove some DUI cases is where there is a chemical sobriety test result (blood, breath or urine) over the applicable legal limit of .08. This type of case is commonly known by lawyers as the DUBAL. It would be more accurate to call this driving with an unlawful breath/blood alcohol level. To prove this type of DUI, the State must prove either that the defendant was driving a motor vehicle while his normal faculties were impaired (see above) and/or that he was driving with a breath/blood alcohol level above the legal limit of .08. In other words, the offense is committed simply by having an unlawful blood alcohol level of over a .08 and being in actual physical control of an automobile.

Defending Against DUI Convictions in Miami

A DUI conviction or plea of "guilty" or nolo contendere will be a permanent part of your driving record and your criminal history. It never comes off your record since a guilty or no contest plea on a DUI charge requires a conviction in the State of Florida. DUI is the only charge in the State of Florida that requires a conviction upon the entering of a guilty or no contest plea.

Are you facing criminal charges of a DUI?
Contact a Miami DUI Lawyer from our firm today!

Client Testimonies

  • I will be forever grateful.

    “I cannot thank you enough for what you have done for me. I realize you are and to know that you took this time to help me when I needed you the most is just amazing. I will be forever grateful.”

    - B. D.
  • Couldn't have done it without him!

    “John Hager went above and beyond!! He was very understanding and sympathetic to my situation and helped me get through everything without me having to panic. I never waited for a phone call back nor ...”

    - Erika
  • I strongly recommend John Hager.

    “I strongly recommend John Hager. He was very professional since our first meeting until my case was declined. Not only he gave me his professional advice, but walked me step by step on all possible ...”

    - Sara
  • So grateful to have found Brett Schwartz!

    “I knew in the few minutes in speaking with Brett that he was the right attorney for my Domestic Violence case. He put me at ease immediately and got the ball rolling to rectify the issue. He kept me ...”

    - Rachel
  • Thank you from the bottom of our hearts.

    “We hired Brett Schwartz to defend my son who was facing false but extremely serious allegations of rape, sexual assault, domestic violence and a protective order against his eight year old son. He had ...”

    - Beverley
/

Real Results

  • Case Dismissed Aggravated Battery
  • Case Dismissed Aggravated Battery
  • Case and Injunction Dismissed Aggravated Battery & Domestic Violence Injunction
  • Case Dropped Aggravated Battery/Armed Burglary with Battery
  • Case Dismissed Armed Robbery with Firearm
  • Case Dismissed Battery/Domestic Violence
  • Expunged Battery/Domestic Violence
  • Case Dropped Controlled Substance
  • Dismissed Criminal Mischief / Disorderly Intoxication
  • Case Dismissed and Expunged off Record Disorderly Conduct
/

Why Choose Hager & Schwartz, P.A.?

  • Highlighted by SuperLawyers from years 2016-2019.
  • Top-rated lawyers fighting on your behalf.
  • Former prosecutors handling your defense.
  • Decades of legal experience on your side.
  • Available 24/7, including weekends.
  • Free initial consultation with an attorney.

Plan Your Defense

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.