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Arrested for DUI When You Blew Under .08? Contact a Miami DUI Attorney
There is nothing more sobering than seeing red and blue lights flashing behind you and hearing sirens while you are driving down the road. It's even more sobering when you have consumed alcohol.
In all 50 states, including Florida, the legal blood alcohol limit is.08; however, even if you blow below that legal limit, there is still a chance that you could be arrested and charged with a DUI.
Why You May be Charged with a DUI
There are a number of reasons why you may be charged with a DUI, despite the fact that your BAC was under the legal limit of.08. Some of the most common reasons may include:
- A police officer believes that your normal faculties are impaired
- You were unable to successfully pass a sobriety test
- A police officer believes you are under the influence of illegal drugs
- You appear intoxicated
The Consequences for a DUI Charge
The consequences for a DUI charge in the state of Florida vary. The number of previous arrests and charges you had in the past will certainly impact the consequences that you will face, as will your blood alcohol level at the time of your arrest.
What Happens After a Prostitution Arrest in Miami?
The nature of prostitution has gone through a number of changes over the years and this has largely been caused by developments in technology. Today, many websites offer 'Escort' services, which skirt the definitions of prostitution.
In Florida, the term 'prostitution' encompasses a wide range of different crimes and acts, making it important to know where you stand with regards to the law. If you are uncertain, then you should get in touch with a criminal lawyer in Miami who will be able to discuss your case with you. Otherwise, keep reading for a definition and some information on what you should expect after a prostitution arrest.
What is Prostitution? Definition and Penalties
In Florida, the term prostitution can include eight different acts, including:
- Owning/operating a building with the purpose of prostitution
- Inviting others to engage in prostitution
- Offering a place for prostitution to take place in
A Criminal Lawyer Explains Florida’s Romeo and Juliet Law for Statutory Rape
The Romeo and Juliet Law is a law that was enacted in Florida in 2007 in order to protect young couples from the harsh consequences associated with other sex-crimes.
The name 'Romeo and Juliet' in the title of course refers to the young couple at the heart of Shakespeare's play by the same name. In Florida this law is best known for helping defendants avoid the designation as a sexual offender or sexual predator in cases of sexual battery involving consent where the offender's age is 'near age' to the minor "victim."
The important caveat is that the offender must be no more than 4 years older than the other party (who can be aged between 14-17). Thus, if the other party is 15 and the offender is 19, they may meet the criteria.
This way, a young defendant can avoid submission to the lifetime sexual offender registration requirements if their partner is a similar age. If you suspect that you might be protected by the Romeo and Juliet law, then consider contacting a Miami criminal lawyer in order to find out more and potentially mount a defense on that basis.
Caught With Xanax? Educate yourself with the help of a criminal attorney
Xanax, also known as Alprazolam, is a benzodiazepine anxiolytic. That means that it is an anti-anxiety and anti-seizure medication that works by increasing the production of the neurotransmitter GABA in the brain.
Xanax is also a listed Schedule IV drug in Florida, which makes it a third-degree felony to be found in possession of any amount of Xanax. Even a single pill can mean facing criminal charges and if you find yourself in this position then it is crucial to educate yourself with the help of a criminal defense attorney in Miami.
Understanding the Charges and Penalties
Possession of Xanax is a third-degree felony in Florida and is therefore punishable by up to five years in prison or probation and $5,000 in fines. A judge may choose any combination of those penalties.
Drivers may also face suspension of their driving license pursuant to Florida Statute 322.055.
Defenses
With the help of a Miami drug crimes attorney, a defendant may be able to mount a defense based on several mitigating factors. Common defenses include:
You Will Be Charged With a Crime If You Refuse a Second Valid Breathalyzer Test in Miami
If you're driving in Miami, a policeman can stop you if he or she suspects you are driving under the influence of drugs or alcohol. This is standard procedure in every state. Let's look at the particulars of Miami's DUI laws, though; as DUI laws vary state by state.
A normal DUI investigation entails a police officer asking you routine questions, such as where the driver was, what he has been doing, and how much he's had to drink. Everyone should know that they don't have to say a word. It's wise to give your full name, registration, driver's license, and insurance card to the police officer if he's questioning you. You should probably ask to speak to a lawyer after you've given that basic information to the officer. As you should already know, anything else you say can be used against in court of law.
That is where a DUI lawyer in Miami can really help you. A Miami DUI lawyer knows all the ins and outs of the system, and they can advise you when you're charged. You don't want to make it any worse on yourself than it already is. A DUI defense firm in Miami can help you navigate the uncharted waters of your first DUI. A Miami DUI lawyer should be your first call if you're charged with a DUI. A DUI lawyer can hopefully help you resolve your case quickly and easily.
Criminal Lawyer in Miami Explains Not All Questions Are Forbidden by Miranda Warnings
You do have the right to remain silent after you're arrested. You don't have to divulge information that could be incriminating to you. The Miranda warning, sometimes called Miranda rights, are protections the police tell you about when you're in police custody. It's something they have to tell you before you're questioned. If police fail to give this warning, and the criminal suspect reveals incriminating information, that information might not be admissible in court.
In Florida and all across the country, when someone is arrested, he or she has a constitutional right not to say anything to the police. Of course, some basic, routine questions do have to be answered. The police can ask basic questions that are a routine part of the arrest and booking procedure. For instance, the police can ask biographical, physical, and identification questions, such as age, height, address, date of birth, place of employment, and so on. However, the police cannot ask questions that are designed to get information about the case against you. If you've invoked your Miranda rights, the police aren't allowed to ask.
You Can Get Charged and Convicted of Burglary in Miami Even if You Never Entered a Home or Building
What do you think of when you think of the crime of burglary? You probably think of a cat burglar sneaking his way into a home by night, maybe by slipping in through a window. Burglary, as most people understand it, is when someone illegally enters into a home or building and takes something that's inside. However, in Florida, burglary is a lot broader than that. It can include almost any building, even a vacant building, and it can even include a structure or vehicle like a boat or car.
You don't even have to steal something to be convicted of a burglary. If you just enter the space with the intent to commit a crime, you can be charged with burglary. A perpetrator doesn't even have to go inside. Just sticking your hand through the window can constitute a charge of burglary.
There was one recent case in Florida where the perpetrators had planned to burglarize a home. All they did was walk onto the front porch of the home. They tried everything to get into the home, but they just couldn't find a way in. Someone watching what they were doing called the police, and they were arrested just as they were leaving. They were charged with burglary though.
At What Point Does the Hot Pursuit Doctrine Apply in the State of Florida?
The general rule is that police need a search warrant or the homeowner's consent to search a property for evidence of drugs, gun, or criminal activity. There are a few exceptions, however. There is one notable exception, and it's called the hot pursuit doctrine. The hot pursuit is one of many types of cases known as exigent circumstances cases. An exigent circumstance is an emergency situation that gives the police a legal excuse to conduct a search or seizure when they don't have the ability to get a search warrant in time. For instance, if the police were driving around a neighborhood and heard the sound of gun fire and shrieking from inside a home, they would have a legal right to enter the home and figure out what was going on. They would have probable cause, so they wouldn't need to get a search warrant.
The hot pursuit doctrine is a special kind of doctrine, applying to a special circumstance. The circumstance is that the police are chasing after a suspect who they believe just engaged in a criminal act, and that suspect ran into an area where they don't have a signed warrant to enter. However, because of the hot pursuit doctrine, they are able to keep following the suspect into the otherwise restricted space.
Florida Police Usually Need a Search Warrant to Draw Your Blood for a DUI, But There Are Exceptions to the Rule
When a driver has a serious accident, the officer sometimes can't perform a field sobriety test or breathalyzer test. Even if the suspect allows them to test him, it is difficult for the police officer to perform the tests. The person is often in no condition to undergo a test, maybe because of injuries or because they're carted off to the hospital. They just can't do the test like they normally would. If the police have some probable cause that the suspect was drinking or using drugs, there are other ways for law enforcement to continue their DUI investigation.
In some cases the policeman can follow the ambulance to the hospital where the patient is and request a blood draw. After the blood is drawn, they can send it to a crime lab where it will get analyzed for drug and alcohol presence in the blood.
If you're unsure about what to do in a DUI situation where you've been involved in a crash, your best move is probably to call a Miami DUI defense firm. A good Miami DUI lawyer is going to know how to best approach the case so you get the minimal penalty for the DUI arrest. A DUI attorney in Miami is experienced in handling these cases and can help you navigate the case and make it through.
Judge Rules Proximity to Drugs Doesn’t Equal Control in Conviction Reversal
When someone is stopped by the police on suspicion of drug possession and there is a bag of drugs underneath the back seat, the person is probably going to be charged with possession. However, this doesn't mean the charge will hold up in court. A Florida judge recently ruled that the proximity of drugs to the defendant does not necessarily equate to drug possession. For instance, someone could be driving a car and have no knowledge about the fact that a passenger in the back had illegal drugs. Perhaps the passenger exited the car or maybe the drugs were planted there. These possible scenarios were implied in the judge's ruling that proximity doesn't determine possession. A criminal defense attorney Miami has to offer can bring details of a case to light that can help prevent their client's conviction.
The situation that lead to the judge's ruling involved surveillance of a home that police suspected contained drugs. A man and a woman left the house and got into a van. The police immediately drove behind the van and the vehicle did not stop at a stop sign. The police stopped the driver and noticed he was acting strangely. The detective asked permission to search the van and found methamphetamine in two bags that were located in the back seat where a passenger had previously been sitting.
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To get the legal help you need in your criminal case, reach out to our firm today. We will provide you with a free consultation where our attorney will review your case and advise you of your legal options.
66 W Flagler St., Suite 1005
Miami, FL 33130
P 305-615-1285
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From our Miami office, Stroleny Law: Criminal Defense Attorney serves clients across the city, including Allapattah, Brickell, Coconut Grove, Coral Way, the Design District, Downtown Miami, Edgewater, Liberty City, Little Haiti, Little Havana, Overtown, the Upper East Side (MiMo District), and Wynwood. Our reach also extends throughout Miami-Dade County, representing clients in Aventura, Coral Gables, Doral, El Portal, Florida City, Hialeah, Homestead, Key Biscayne, Miami Gardens, Miami Springs, North Miami, North Miami Beach, Opa-locka, Pinecrest, South Miami, Sunny Isles Beach, Sweetwater, and West Miami.
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66 W Flagler St., Suite 1005, Miami, FL 33130
305-615-1285
