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Florida Drunk Driving Defense

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Department of Highway Safety and Motor Vehicles:
Driving Under the Influence (DUI)

Florida DUI and Administrative Suspension Laws
Frequently Asked Questions
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?

1st DUI
2nd DUI
3rd DUI
4th DUI

DUI Manslaughter (single conviction)

DUI Manslaughter (in conjunction with prior DUI conviction)

Driving with an unlawful alcohol level
How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?
What happens to my driving privilege if I'm convicted of driving a commercial motor vehicle...
1. under the influence?
2. with unlawful alcohol level (.10 and .08)?
3. while in possession of a controlled substance?
4. and I refused the test to determine alcohol level?
5. and I received 3 traffic violations within 3 years?
6. and I received 2 traffic violations within 3 years?

Attorney Offices by Municipality

Florida M-Z

Alachua
1. William Falik: Losing your ability to drive is a devastating price to pay for receiving traffic citations. Don't ever plead guilty and pay the fine for a traffic offense without consulting an experienced attorney first.ĘA skilled traffic offense lawyer may be able to help you protect your driving privileges.
Alamonte
Altamonte Springs
1. Toth, Darnelle: Criminal cases usually begin with a police arrest report, then the State Attorney's Office decides what charges to file, if any. The case may then go to a grand jury for an indictment or to a judge to set a preliminary hearing where the judge decides if there is enough evidence to proceed.
2. Kramer Law Firm: DUI / Driving Under the Influence If you are charged with driving under the influence (DUI) it is extremely important that you meet with an Orlando DUI Attorney as soon as possible. Anyone arrested for DUI in Florida who blows .08 or above on the breath test, or who refuses to take the breath test, will have their license suspended and taken immediately. Following the initial DUI arrest, you will have only 10 days to fight the suspension. By contacting an Orlando DUI defense lawyer quickly, you may challenge the initial suspension of your driver's license and regain the right to drive.
Apollo Beach
Aventura
Bartow
Boca Raton
Bonita Springs
1. Vlachos, Carol: A criminal charge can have serious consequences for your employment, your family, and your life. Each year penalties for a traffic ticket, DWI, DUI, or criminal charge get more severe. It is even more important to understand the full consequences that a criminal conviction has on your record.
Brandenton
Brandon
1. Lawler Firm: DUI and Traffic Offenses Ą Felonies and Misdemeanors Ą Driver License Suspension Matters Ą Drug Offenses Ą Probation Violations Ą Theft and Fraud Offenses, Worthless Checks, Shoplifting Ą Burglary, Arson, and Criminal Mischief Ą Crimes of Violence, Gun, and Weapons Charges Ą Sealing/Expunging Records Ą Prostitution, Solicitations, and Entertainer Violations Facing criminal charge is a serious matter which can have many negative consequences in your life.
Brookvill
1. Campbell, Kirk: * Sex Offenses * DUI/Traffic * Felonies * Misdemeanors * Drugs and Controlled Substances: o Possession o Trafficking o Sales * Domestic Violence * Battery * White Collar * Theft/Fraud
Cape Coral
Casselberry
1. Mullins, Jessica: * Criminal Law Attorney * DUI Defense Attorney * Drug Crimes Attorney * Juvenile Crimes Attorney * Major/Minor Traffic Violations Attorney
Chipley
1. Kerry Adkinson: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
Clearwater
Cocoa
Coconut Grove
Coral Gables
Coral Springs
Crestview
Davie
Daytona Beach Daytona Beach
Deerfield Beach
1. Milrot, Mark: Driving under the Influence You only have 10 days from the date of your arrest to request an administrative hearing in order to prevent your Drivers' License from being suspended.
DeFuniak Springs
1. Adkinson Law Firm: One mistake in judgment or one false allegation can change your life permanently. So, when you have been arrested for DUI, it is critical that you contact an experienced attorney for advice and counsel.
Deland
Delray Beach
Deltona
1. Woodford, Christopher: Vital Information You Need to Know of a DUI or DWI Charge. 1. Should my case be dismissed if the officer never read me my Miranda Rights? 2. Why do I have two charges against me? 3. Why was my driver's license not returned to me when I was released? 4. What can be done to reinstate my driving privilege if I lost or failed to request a DMV hearing? 5. It's only a DUI; can't I just represent myself? 6. Is it important that my attorney have experience in the court where my case is pending? 7. How much will it cost to hire a lawyer? 8. What is the "rising blood alcohol defense"? 9. Are there any defenses available in a DUI/DWI case? 10. Will I miss much time from work because I have to appear in court on my DUI/DWI matter
Destin
Doral
1. Trevilla, Arnold: FELONIES Drug Trafficking/Possession Firearm Charges Murder Armed Robbery Probation Violation MISDEMEANORS Battery Assault Petty Theft / Theft Disorderly Conduct and Intoxication Resisting Arrest Domestic Violence TRAFFIC CASES Driving Under the Influence of Alcohol or Drugs (DUI) Driving While License Suspended Reckless Driving
Englewood
Fern Park
1. Johnson, David: Every day, people from all walks of life are charged with drunk driving in Florida. Facing DUI charges does not make you a bad person, but it can have serious consequences.
Flemming Island
Florida City
1. Moss, Tony: # Homicide (murder, manslaughter) # Violent felony offenses (robbery, kidnapping, etc.) # Sexual offenses # White-collar and economic crimes # Drug offenses (possession, trafficking, conspiracy, etc.) # Burglary and theft offenses # Alien smuggling offenses # Probation violation hearings # Pre-indictment investigations # Grand juries # DUI and traffic matters # Misdemeanors # Internet offenses
Fort Meyers
Ft. Lauderdale Ft. Lauderdale Ft. Lauderdale Ft. Lauderdale Ft. Lauderdale
Fort Pierce
Fort Walton Beach
Gainesville
Grayton Beach
Hallandale
Hiahleah
Hillsborough
1. Joseph, Marc: Driving Under the Influence (DUI) Driving under the influence of alcohol or drugs is one of the more common criminal defenses in the Tampa Bay area. Even the most responsible drivers can sometimes face a DUI investigation. However the state of Florida treats driving under the influence or driving while intoxicated very seriously and the charge carries major penalties. In Florida, prosecutors may prove DUI beyond a reasonable doubt in two ways: 1. The person was driving while his or her faculties were impaired due to the influence of alcohol or drugs. 2. The person was driving a motor vehicle with a blood alcohol concentration (BAC) of 0.8% or higher. A police officerŐs DUI suspicion is usually aroused by erratic driving patterns. For example a car weaving in and out of lanes on the road may alert a police officer to investigate a driver for DUI. Stopping in the road, driving too slow, making too wide of a turn, causing an accident are other indications that the person may be driving under the influence of alcohol or drugs. Once the officer has stopped the driver, the officer may look for the following characteristics of that person: 1. an odor of alcohol coming from the person 2. slurred speech 3. bloodshot eyes 4. the inability to follow simple commands or answer simple questions 5. swaying or being unstable on his or he feet 6. evidence of alcohol or drug use on the person or in the vehicle, such as empty cans or drug paraphernalia An officer may ask a person he or she suspects of driving under the influence of alcohol or drugs if he or she has had any alcohol to drink or has recently used drugs. The person being questioned should understand that he or she is under no obligation to answer the officerŐs questions and that anything the person says can and most likely used against him or her in court. After the officers initial investigation and has reason to believe that the driver was driving under the influence of alcohol or drugs, the officer will request the driver to take a breath test, submit to a blood test or a urine test. The driver is not obliged to grant these tests and may refuse. However, a refusal to take any of these tests can be used against him or her to bring DUI charges and if the driver refuses to take the requested breath, blood, or urine test, his or her driverŐs license will be suspended. THE PENALTIES FOR DUI DUI OFFENSE FINE LICENSE SUSPENSION IMPRISONMENT TERM VEHICLE IMPOUNDMENT PROBATION TERM 1st DUI $500 to $1000 6 months to a year Up to 6 months county jail 10 days 6 months to a year 2nd DUI $1000 to $2000 6 months to a year or 5 years if w/in 5 years of prior DUI 10 days to 9 months county jail 30 days 1 year 3rd DUI $2000 to $5000 6 months to a year or 10 years if w/in 5 years of prior DUI 30 days county jail to five years Florida state prison 90 days Up to 5 years 4th or subsequent DUI $5000 & UP License Revoked Up to 5 years Florida state Prison Permanently Up to 5 years Another important consideration is that when a person is arrested for DUI, he or she will likely lose his or her driverŐs license. Then, he or she only has ten (10) days from the date of the arrest to request a hearing from the Department of Motor Vehicles (DMV) to avoid having his or her license suspended for the statutory period. If you have been arrested for DUI, it is very important to contact a law firm whose lawyers are experienced in dealing with DUI cases. In order to fight the suspension of your driverŐs license, you must make sure you request a hearing with the DMV within 10 days of your DUI arrest. Therefore, after a DUI arrest, the best course of action is to contact a lawyer immediately so that efforts can be made to restore your driving privileges and the circumstances of your DUI arrest can be fully investigated as your defense is prepared.
Hollywood
Hudson
1. Taylor, Eloise: Probate & Elder Law Criminal Law Divorce & Family Law Business & Contract Law * Wills * Trusts * Probate * Estate Litigation * Living Wills * Power of Attorney * Criminal Defense * DUI * Domestic Violence * Records Sealed & Expunged * Adoptions * Custody & Child Support * Domestic Violence Injunctions * Post Divorce Modifications * Prenuptial Agreements * Civil & Contract Litigation * Real Estate * Corporate Law
Inverness
1. Vaughn, Charles: A misdemeanor charge Ń even a minor traffic violation Ń can carry with it a wide range of potential criminal penalties. A conviction could result in steep fines, probation and jail time, in addition to impacting your employment prospects and personal life. But with an experienced attorney on your side, there is a chance to mount a successful defense.
2. Militello, Paul: Facing a traffic or DUI charge can be frightening. Hefty fines, jail time, and loss of your driver's license are just a few consequences a person faces when they are dealing with a traffic citation. Because of these consequences, you need a lawyer who understands the criminal justice legal process and the options you have in defending yourself against them.
3. Charles Vaughn: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers.
Jacksonville Jacksonville Jacksonville Jacksonville Jacksonville Jacksonville
Jacksonville Beach
1. Quick, Heather: When you have been charged with a DUI, you want an experienced attorney to help minimize the consequences of an arrest or conviction. In addition to the loss of driving privileges and a potential increase in auto insurance premiums, you could face significant fines and penalties, as well as jail time. Your employment may even be at risk.
Jupiter
1. Jeffrey Hap: A DUI is not a simple traffic infraction (although your arrest may be accompanied by a number of traffic violations), but a criminal offense with serious consequences.
Kendall
Key West
Kissimmee
Lake City
1. Groland, Proctor & Fletcher: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
Lakeland
Lake Murray
1. Orth, Willaim: If either you are arrested or you get that phone call from jail telling you a friend or loved one is arrested, there are some questions you should answer immediately. 1. Who is my attorney? 2. What is the charge? 1. The charge is going to partially determine whether or not the person has a bond. Everyone is entitled to a bond unless it is a Violation of Probation, Capital Felony or Felony that is punishable by life in prison (PBL). All jurisdictions have a bond schedule which means if you are not in one of the no bond categories mentioned above, usually your bond will be in the amount listed in the bond schedule. I said Ňpartially determineÓ before because if the facts are egregious or if you have a prior record, your bond may be higher than the schedule says. 3. Where did the offense occur? 1. Where the offense occurs can be important for several reasons. First, it may play a role in the bond amount. If the offense occurred in a Ňhigh crime areaÓ the police or court may increase what the normal bond amount is. Second, and sometimes more importantly, where the offense occurred may help in investigating the incident and determining whether witnesses or video surveillance may be helpful in the defense. Often times, video surveillance is unavailable after 30 or 60 days so it is important to determine if video surveillance may exist and to request the video. 4. Who is the arresting agency? 1. There are times that learning who the arresting agency may assist in determining what jail your family member or friend is at. If you are not at the scene of the arrest, you may not know which jail and individual was taken to. Finding out who arrested the person may help in answering this question, whether it was a local police department or a federal agency. 5. What should I say without my attorney present? 1. Any statements you make may be used against you in court. The police only have to give Miranda warnings if you are questioned while in custody. Miranda warnings are the right to remain silent and the right to have an attorney present for any questioning. If you are questioned without being given Miranda warnings, those statements may not be admissible. Often times, though, people make spontaneous statements after being arrested or they waive their Miranda rights. You may think what you say is harmless at the time but later realize your statement is helping to convict you of a crime or is misconstrued by the police or prosecutor. This also includes not making statements to cellmates or to any family or friends over the phone while you are in jail.
Lake Worth
1. Merten Law Office: Some jurisdictions require that the individual claiming self-defense must retreat from the threat, if possible, prior to responding with force. However, where an individual is responding to a threat using non-deadly force, there is no such duty to retreat. Most states do not require individuals to flee before acting in self-defense where there is an imminent danger of death or severe bodily harm. In addition, most states that require individuals to retreat before responding to a threat with deadly force do not require the retreat if, given the circumstances, the retreat cannot be accomplished safely.
Largo
Longwood
Lutz
Florida M-Z

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