DUI FAQ Page

Learn More about Miami DUI Defense

Hersch & Talisman, P.A., provides aggressive, intelligent defense of DUI and all drunk driving-related charges. Everyday our attorneys receive questions from people who have been charged with DUI and don't know who to turn to for help. We hope these questions help answer some basic questions. Contact our offices in Fort Lauderdale to schedule a free consultation with one of our experienced DUI lawyers as soon as possible after you or a family member has been charged.

Q. How will my DUI charge impact my driving?

We can help you keep your driver's license. Many people don't realize that they can often keep most of their driving privileges after being charged or convicted of DUI. We attend administrative hearings on your behalf and employ legal motions and strategies to keep you on the road.

Q. What kind of driving can I do under a suspended license permit?

A suspended license often allows room for driving to work, school, medical and legal appointments, worship services, and meeting other individual and family needs. You can even drive to restaurants if the meal is considered part of your work day.

Q. What are the penalties if I am found guilty of DUI?

For a first time conviction of .08% BAL, the fine will be $250 - $500, six months probation, DUI school with potential treatment to follow, a mandatory 50 hours of community service, 10 day impoundment of your car, 6 month loss of license and . up to six months of jail..

For a second conviction, the fine starts at $500, 30 day impoundment of your vehicle, Level II DUI school, 26 weeks of treatment, one year ignition interlock and, if the offense is within 5 years of your last DUI, a mandatory 10 days in jail and 5 year revocation of license. If your BAL exceeds .20%, or there was a minor in the vehicle, the fines and penalties for your conviction may be substantially higher.

More serious penalties apply for third and fourth convictions and if a person is injured or killed as a result of a drunk driving accident.

An automatic suspended license is also part of the penalty

Q. How do I know the breath test was accurate?

You don't, and you should never assume that the breath test evidence will convict you. We are experienced, Board Certified criminal trial defense attorneys with experience and knowledge necessary to successfully challenge breath test results.

Q. The officer didn't read me Miranda warnings; what should I do?

Police officers often neglect driver's rights during a DUI stop and arrest. Police misconduct and neglecting your rights may be reason for dismissing or reducing your charges. We thoroughly investigate every aspect of your DUI charge, from probable cause for the stop, through police and prosecutor's questioning techniques at the police station. Put our experience at your side as soon as possible after you have been charged. They have to get through us before they get to you.

Contact us for a free consultation to get all of your DUI defense questions answered.