Driving Under The Influence (DUI)
Have you been arrested for Driving Under the Influence (DUI)?
DUI is a very serious criminal matter. If you have been arrested for DUI, you need an experienced DUI lawyer to help you defend against the charge. Why hire a DUI attorney? Because hiring a DUI attorney can help you stay out of jail, protect your driver license, and save you hundreds… or possibly even thousands of dollars… on probation, fines, court costs, and/or restitution.
Why choose us? We don't take just the occasional DUI case like some other law firms. Here at Pensky & Kim, we handle numerous DUI cases, and are dedicated to providing full-service DUI defense… from the DMV formal review hearing… through arraignment and pre-trial negotiations… to motions and trial. Using our extensive DUI knowledge and experience, our DUI lawyers will exhaust every possible legal option to fight against your DUI charge.
What should you do immediately following a DUI arrest? What about your driver license?
If you blow .08 or higher on the breath machine, your driver license will be suspended immediately for a period of 6 months. And if you refuse to provide a breath, urine, and/or blood test your driver license will be suspended immediately for a period of 12 months for a first refusal and 18 months for a second or subsequent refusal.
If you are arrested for DUI and the police take your driver license, you have only 10 days to make a written request for a DMV formal review hearing. This is extremely important to keep in mind because the DMV formal review hearing is an opportunity to get your driver license back as if it were never suspended in the first place. However, you only get your license back if you win your formal review hearing. Here at Pensky & Kim, our experienced DUI attorneys have handled hundreds of DMV hearings. Having an experienced DUI attorney in your corner can make all the difference and will give you the best possible chance of winning your DMV formal review hearing and getting your driver license back. But remember, time is of the essence and you must act quickly to protect your legal rights.
What defenses are available?
DUI defense is a specialized area of criminal law. For this reason, it is extremely important to hire a law firm with extensive DUI experience… not just criminal defense experience. Over the years, our DUI lawyers have handled thousands of DUI cases and therefore know of many ways to attack them. To begin, we conduct a thorough investigation of every DUI case to look for a number of possible legal issues and defenses. The following are some things to consider:
Did the police have probable cause to stop you?
Does the accident report privilege apply?
Did the police conduct the field sobriety tests according to State standards?
Did the police conduct the breath, urine, and/or blood tests according to State standards?
Were you properly advised of the consequences of refusing a breath, urine, and/or blood test?
Did the police advise you of your Miranda rights?
Was the breath machine in compliance with State regulations?
Here at Pensky & Kim, we have handled every kind of DUI case imaginable. Accordingly, you can rest assured that our DUI lawyers will have the knowledge and experience to be able to stand by your side and fight aggressively to protect your legal rights.
What are the consequences of a DUI conviction? The consequences of a DUI conviction are simply too serious to face without quality legal representation. For a 1st DUI conviction, you are facing up to 180 days in jail in addition to fines, court costs, license suspension, probation, substance abuse classes, vehicle impoundment, and other penalties. For a 2nd DUI conviction, you are facing up to 270 days in jail with mandatory jail time. And for a 3rd DUI conviction, you are facing a felony conviction and up to 5 years in state prison.
We Can Help
Pensky & Kim are Miami DUI attorneys serving clients in Miami-Dade, Broward, Palm Beach, and throughout the rest of Florida. Contact us at 305-571-9800 or toll free at 888-533-5171 for a FREE consultation and to learn more about how our Miami DUI lawyers can help you. We are available 24/7.