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Month: June 2017

What Penalties am I Facing for a 2nd DUI?

Getting arrested for driving under the influence can be a nerve-racking event. Now, getting arrested for your second DUI, that’s a whole different story. As a general rule of thumb, the sentencing and penalties for crimes get worse with each subsequent offense, and DUI is NO exception. If you’ve been convicted of DUI in Florida before, you’ve already been through…

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Can I Get Deported for a DUI?

Miami is infamous for its large population of immigrants who come from places such as Cuba, Central America, and South America. With so many immigrants living in Miami-Dade County, it’s understandable why many Miami residents are concerned about the immigration consequences. Florida has some of the toughest laws in the nation, and DUI is no exception. The consequences of a…

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What is the Horizontal Gaze Nystagmus Test?

The Horizontal Gaze Nystagmus (HGN) test is a field sobriety test used by law enforcement to determine whether or not a suspected driver is under the influence of alcohol. The test involves an officer asking a driver to follow some stimulus, usually a pen, with their eyes to the left and right. The officer will then determine when the eye…

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Will a DUI Stop Me From Getting a Passport?

When people are arrested for DUI, they know that a conviction can easily mean upwards of $1,000 in fines, community service, imprisonment for up to 9 months, and up to a year license revocation – and that’s all just for a first offense. With Florida’s harsh DUI penalties, it’s not surprising why someone who wishes to travel outside of the…

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Will I Go to Jail for a First Florida DUI?

Under Florida law, a first-time misdemeanor driving under the influence (DUI) conviction is punishable by up to 9 months in jail. In light of that information, does it mean that all DUI defendants are incarcerated upon a conviction? It depends on the facts of the case. When it comes to a first DUI offense, sentencing the DUI defendant to jail…

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Can I get a DUI for Prescription Drugs?

While many simply associate a DUI with driving drunk, a person can also be arrested for DUI if they are under the influence of prescription drugs. Regardless of whether or not the driver legally had access to their prescribed medication, Florida DUI laws cover any sort of impairment that stems from an unnatural substance, providing no special treatment for prescription…

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Penalties for Tampering With a Witness in Florida

In police investigations and subsequent prosecutions, witness testimony can be valued as “critical evidence.” Since a witness’s testimony can be vital to a case or the “proverbial nail in the coffin,” it’s not unusual for criminal defendants to bully, harass, or threaten witnesses in hopes of scaring them away from talking to the police or giving their testimony on the…

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Can I Represent Myself?

If you have ever been arrested on criminal charges, such as a DUI, you should recognize the line in the Miranda Rights that states that “if you cannot afford an attorney, one will be appointed to you.” Even if you have never been in handcuffs, you’ve probably heard a movie or television character say this exact phrase. But why is…

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What is the Margin of Error in a Breathalyzer Test?

To this day, breathalyzer results are often relied upon as strong and conclusive evidence that an individual is guilty of drunk driving. Unfortunately, it has slowly become more apparent that these results don’t hold the irrefutability some have claimed. Researchers, scientists, and attorneys have spent years analyzing breathalyzer machines to arrive at similar conclusions: things are not as they seem.…

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Collateral Consequences of a Florida DUI

All criminal convictions, whether they’re for misdemeanors or felonies, lead to criminal penalties and sanctions that place a heavy burden upon the defendant, especially as he or she tries to re-enter society, and convictions for driving under the influence (DUI) are no exception. If you are facing DUI charges in Miami-Dade County, it’s important to understand that beyond the fines, license suspension, DUI…

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