The Miami Criminal Lawyer urges the young generation in Miami and other areas, including Broward and Palm Beach, to become more disciplined. However, the legitimate age of consuming alcohol is 21 in Florida. Anyone who consumes alcohol before the age of 21 will be treated as a criminal, and they will have to face severe charges. Also, if a person is arrested while being less than 18 years of age, he or she has to be represented in the Juvenile Court.

An adult aged 21 is liable to be convicted of Florida DUI if the alcohol content in his or her blood is 0.08% or more. Alternatively, he or she may be convicted if their driving impairment is high, even if his or her BAC may be less than 0.08%. If an individual is aged 24, and has a 0.06 BAC, or if he or she is driving under the influence of cocaine, then police can arrest the individual for driving under influence. Once BAC reaches 0.08%, then he or she is considered to be too drunk and incapable of being able to drive safely.

A Miami Criminal lawyer has discovered that drivers who are under 21 years of age are not aware of the strict laws of DUI that can affect them even higher than applying the laws to more senior drivers. The allowable alcohol content in the blood is only 0.02% for minors, which is much lower as compared to seniors. Moreover, young drivers are not inclined to either contact their parents or locate the other driver in accidents.

Miami Criminal Lawyer says that the periods of Florida DUI driver’s license suspension are as follows:

- You will be suspended from driving between 180 days and one year for your first conviction.
If you have a second conviction, but your first conviction was more than 5 years ago, then you will have your license suspended between six months and one year. If you have had a second conviction within the previous 5 years, then your suspension will be no less than 5 years and a hardship license is available after one year.

- On your third conviction, if both prior convictions are more than ten years ago, then your suspension will be between 180 days and one year. If your second conviction was no less than 5 years ago, you will be able to apply for a hardship license available after one year. However, a third conviction within the last 10 years will mean you will have your license suspended for more than 10 years, but you can apply for a hardship license after two years.

- If you receive a fourth DUI conviction, regardless of time frame, then you will have your license revoked permanently.

A DUI Manslaughter or DUI Murder with Motor Vehicle conviction results in your license revoked permanently. And a Vehicular Homicide or DUI with Serious Bodily Injury conviction will result in your license being taken from you for at least three years, and you can lose your license longer if you have a previous DUI on your record.

Losing the ability to drive around in South Florida will be difficult for you and your family. Driving is so much part of our everyday life that being unable to drive is difficult to live with.

• Blood alcohol level over 0.15:  If the driver is convicted with a blood alcohol level over .15, the fines are increased, jail time is increased (if applied), and the defendant will be required to install an ignition interlock.
• Minor in vehicle: when a minor is found in the car, the penalties are enhanced similar to when the BAC is over 0.15.
• Accident involved: if there is an accident involved while under the influence, you can expect when there is an accident,
• Leaving the Scene:  leaving the scene of the crime after a DUI accident will usually be charged as a separate offense which can lead to enhanced penalties.

The most serious enhancements stemming from a driving under the influence charge is DUI manslaughter. It goes without saying that a DUI manslaughter charge is much more serious and can have serious jail-time that follows if convicted. There are several factors which are involved with DUI manslaughter, including:

1. The driver must be driving while intoxicated or driving while his normal faculties are impaired. This is generally accomplished by a breath test over .08 or based on factors such as slurred speech or failed sobriety tests;
2. In addition to driving impaired or a simple DUI offense, the driver must cause or contribute to the death or another person. This generally refers to a traffic accident, but it has been extended to an incident where a driver has ‘caused’ another accident which resulted in death.

If you have been arrested for a DUI in Miami and are facing enhanced penalties in the event of conviction, it is imperative that you speak with a Miami Criminal Lawyer at Musca Law today.

At Musca law, we promise to represent you in the best possible manner and give you the best chance to have your DUI charge dismissed or reduced. If you have been arrested and charged with driving under the influence, a Miami Criminal Lawyer at Musca law can help you prepare the best possible defense. Contact us today for a Free DUI case evaluation.

For instance, the offense Driving Under the Influence (DUI) does not necessarily require for a vehicle to be in motion or moving. In fact, in most states and in Florida, a driver may be charged with Driving Under the Influence (DUI) if he or she is in actual physical control.  Generally speaking, the term “actual physical control” is defined as the driver’s ability drive or access to operate a vehicle such as possession of the key, ability to turn on the engine or simply the driver was seating at the driver’s seat inside the vehicle. This has even been broadly construed to including that sleeping in the driver’s seat of a motor vehicle has been deemed to be actual physical control, both when the vehicle was on a public street and on private property, like a driveway.

If you have been arrested for driving under the influence in Miami, it is important that you contact a Miami Criminal Lawyer at Musca Law to discuss your rights and the best way for you to prepared a defense to the pending charges.

If you have been arrested for DUI and have questions about your rights, it is imperative that you speak to a Miami Criminal Lawyer at Musca Law who can help assist you with any questions you may have about your pending charges.

• The driver already had DUI violations in the past.
• The driver was driving a commercial vehicle at the time he or she was arrested for DUI.
• There was a child or children present inside the vehicle when the driver was proven to have violated driving rules and was indeed Driving Under the Influence.
• The DUI violation of the driver occurred simultaneously just right after a previous driving violation such as reckless driving.
• The DUI violation resulted to the damage of several properties.
• The DUI violation resulted to the injury or death of another person.
• The driver is under the legal drinking age when the offense occurred and was proven to be Driving Under the Influence by the law enforcement officer.

If you or a loved one has been charged with driving under the influence, it is imperative that you speak with a Miami Criminal Lawyer at Musca Law who can discuss your rights and help you prepare a proper defense.

If the driver refuses to stop or submit for DUI testing, the driver will receive penalties for not abiding the law or following the “implied consent” that was given when you received your driver license.  These penalties could vary from case to case but the usual penalty for a DUI test refusal is a mandatory suspension of the driver’s license which could last from 6 months to 1 year.  It is advisable not to refuse in taking the DUI testing because penalties for refusal to undergo the test are heavier.  Refusal to undergo DUI testing could also lead to further penalties once the driver is convicted with DUI.

If you are facing driving under the influence charges where you refused to undergo a field sobriety test or breathalyzer, it is imperative that you speak to a Miami Criminal Lawyer at Musca Law who specializes in Miami DUI defense and who can advise you of your rights.

Both charges and offenses can fall under cases of possession of drugs, either huge or small amounts, to grave charges such as distribution, manufacturing and drug trafficking.  Under federal laws, a common drug offense which is known as drug trafficking has much graver legal penalties.  Based on the federal guidelines, classification of drugs and its various amounts are based on the base offense level.  The Miami Criminal Lawyers at Musca Law can offer the guidance and expertise to assess your charges and offer the best advice and representation to suit your needs.

Federal and Florida Drug Laws

According to the 1970 Drug Abuse Prevention and Control Act, there are two classifications of drugs which have the strictest legal restrictions and penalization; these are Schedule I and II which are classified into Methamphetamines, Amphetamines, Heroin, Methadone, Mescaline, Marijuana, Cocaine, Opium, Peyote and LSD. A Miami Criminal Lawyer can help you determine the classification which your pending charge may fall into.

As an offender who is under prosecution, you should be well aware that the punishment will be based on whether it is in a Federal court system or the Florida state court system.  Each statute violated will be carefully determined and reviewed by the prosecutors in order to match it with the appropriate court system best suited for it.

If you are facing pending drug charges, you need to get assistance and legal representation immediately. If you want to inquire about your particular situation and you want to ensure that you have the best representation for you, you need to speak to a Miami Criminal Lawyer at Musca Law immediately for a free consultation now.