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DUI ATTORNEY- MIAMI | Diaz Law

Driving Under the Influence
DUI LAW

DUI’S can be a scary thing. An officer pulls you over and makes you conduct all these tests that are meant to make a sober person fail. Your nervous, your scared, and you don’t have great balance.

 

All of a sudden you find yourself in the back of a cop car and calling your family to bail you out. A first time DUI is considered a first-degree misdemeanor and punishable by up to 1 year in prison and a $1,000 fine.

 

A repeat offender is typically charged with a DUI Felony. If the person is convicted with a third DUI in 10 years period of a 4th DUI its an automatic felony and punishable by up to 5 years in prison and $5,000 in fines.

Cops typically look for the following:

Slurred speech

Red watery eyes

Odor of alcohol on your breath and clothes

A DUI IS GIVEN WHEN YOUR BLOOD ALCOHOL LEVEL IS OF .08 OR ABOVE.

YOU MAY THINK THAT IF YOU WERE ASKED TO TAKE A BREATHALYZER AND THE RESULTS CAME BACK AT .08% OR HIGHER THAT CASE IS CLOSED.

 

THINK AGAIN.

 

WHAT IF THE OFFER DID NOT CALIBRATE THE BREATHALYZER MACHINE?
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If they determine that you may have been drinking and driving they can perform sobriety tests such as:

Nystagmus test which checks the eye for lateral or horizontal jerking with the eye gazes to the side.

Stated feet together, arms at sides, tilt head back, close eyes then count to 30, then open eyes and drop head down.

Stand and listen to instructions, then was in a straight line, turn around, then walk back towards the officer.

Stand with your feet together, tip your head back, close your eyes and touch your nose with the tip of your idea finger.