Miami Drunk Driver Accident Lawyers

Miami Drunk Driver Accident Lawyers

In every state, it is unlawful for a driver to operate a motor vehicle while impaired by the effects of either drugs or alcohol.  It is legal for drivers to operate any type of motor vehicle when they are impaired so that they cannot safely operate it.  It can be referred to as many things – driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and operating a motor vehicle intoxicated (OMVI) – but no matter what it is called, if you are involved in an accident in which someone has been drinking in the Miami area, you will need the assistance of Miami drunk driver accident lawyers.

If you are involved in an accident, in which you have been drinking, the officer at the scene of the accident can conduct a field sobriety or chemical test to see if you are inebriated.  The field sobriety test is where the officer may ask you to perform a number of tasks that are easy to do when sober, but harder to perform when intoxicated.  This may include walking a straight line, reciting the alphabet backwards, or have you follow a pen light with your eyes.  The chemical test uses a Breathalyzer to determine your blood alcohol concentration, referred to as your BAC.  You BAC can also be determined through a urine test.

In Florida, your “per se” BAC level of .08 is considered intoxicated.  A BAC level of .02 is considered a zero tolerance level.  This means if a driver under the legal drinking age has a .02 BAC that he or she is considered intoxicated.  A driver how has a BAC of .20 or higher is considered at an “enhanced penalty” state of intoxication.  This can mean facing jail time, harsher fines, and more severe driver’s license sanctions.

If you refuse to take the chemical test, most states have what is called an “implied consent” law.  When you refuse to take the test, the implied consent laws may state that you are to have your license suspended for six months to a year.  Refusing to take the test may be more damaging than taking it and being found guilty of a DUI. 

Skilled Miami drunk driver accident lawyers may be able to assist you by evaluating the evidence and results of any sobriety or chemical field tests.  Most Miami drunk driver accident lawyers will inform you of your rights and explain what you can expect during different stages of the court process.  He or she will make sure that either the police or the court does not violate your constitutional rights.  If necessary, he or she will try to negotiate a plea bargain on your behalf.  He or she will investigate facts and evidence of the case, cross-examine any witnesses, and object to any questions or evidence during the case that he or she feels is improper.

You may lose your driver’s license for a period of time, but finding good, reputable Miami drunk driver accident lawyers can help you keep from losing much more in the case of a DUI. Call us today for a consultation on your case.

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Miami Florida Motor Vehicle Accidents Attorneys

The personal injury law firm of Bernstein & Maryanoff serves clients in the Miami area and throughout Florida, including Miami Beach, North Miami Beach, Coral Gables, Kendall, South Miami, Hialeah, Homestead, Pinecrest, Westchester, Fort Lauderdale, Hollywood, Miramar, West Palm Beach, Tampa, St. Petersburg, Key West, Miami Dade County, Broward County, Palm Beach County, and Monroe County.

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