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Cocoa DUI Lawyers

1. Gutin & Wolverton: DUI DUI Can Have a Variety of Serious Consequences Being pulled over by the police for drunk driving can be a devastating experience. If your blood alcohol level is above the legal limit of 0.08, your license may be revoked by the Department of Motor Vehicles in addition to any criminal charges filed against you. Losing a driver's license is a serious loss of freedom in Florida, where there is no reliable mass transit system. Beyond the serious consequences of driving under the influence of alcohol or drugs and the stigma of being known as a drunk driver, you may face other criminal charges. If you were driving with a suspended license or while on probation for DUI (also known as DWI in other jurisdictions), additional counts against you may be filed. Additionally, you should be aware that if you are on probation, a DUI will violate your probation and you would face the consequences of that violation of probation. The penalties for DUI increase each time you are convicted. For example, a first time offender may be fined as little as $250 and face only six months in jail. However, a second offense has harsher penalties, and a fourth conviction is a felony DUI. If someone was injured due to your drunk driving, you could be charged with DUI with serious bodily injury, or worse, if it was a fatal accident, you could face a DUI manslaughter charge, a felony in which you could face jail time.
2. Green, Burton: Do I have to be drunk to be charged? No. A DUI charge simply means that a driver has consumed enough alcohol and/or drugs of any kind to make him or her a less safe driver. A minor traffic infraction, such as an improper lane change, disregarding a traffic signal, failure to yield, or diving too fast or too slowly -- combined with even a modest amount of alcohol, or any drugs -- may become a basis for a DUI charge. What alcohol level constitutes DUI? Under Florida law, a person over the age of 18 years is considered under the influence if he or she has a blood alcohol content (BAC) of .08% or higher and is in the physical control of a motor vehicle, whether the motor vehicle is being driven or not. A person with a BAC of .08% or higher is presumed to be under the influence and will be arrested. A driver is presumed not to be under the influence of alcohol with a BAC of under .05%, but could be charged, at the officer's discretion, if his or her BAC is .05% to .07%. NOTE: THE PENALTIES FOR DUI FOR PERSONS UNDER 18 YEARS OF AGE, PARTICIULARLY STUDENTS, CAN BE FAR REACHING AND COMPLEX, AND WILL NOT BE ADDRESSED FURTHER HERE. CALL US FOR QUESTIONS REGARDING UNDER-AGE DRIVERS. Drivers of commercial vehicles who may be convicted of DUI often find themselves unemployable as drivers for insurance reasons. What do police officers look for when searching for drunk drivers on the highways? The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration. Turning with a wide radius Straddling center of lane marker Appearing to be drunk Almost striking object or vehicle Weaving Driving no other than designated highway Swerving Speed more than 10 mph below limit Stopping without cause in traffic lane Following too closely Drifting Tires on center of lane marker Braking erratically Driving into opposing or crossing traffic Signaling inconsistent with driving actions Slow response to traffic signals Stopping inappropriately (other than in lane) Turning abruptly or illegally Accelerating or decelerating rapidly Headlights off Speeding, incidentally, is not a symptom of DUI. Because of quicker judgment and reflextes, it may indicate sobriety. If I am stopped by a police officer and he asks me if I've been drinking, what should I say? You are not required to answer potentially incriminating questions. You should never tell the police anything about what you had to drink unless your truthful answer is "Nothing." Any other answer might be potentially incriminating. A polite "I would like to speak to an attorney before I answer any questions" is a good reply. Even the consumption of 1 or 2 beers within the hour before you were stopped could potentially give you a BAC level of .08% or higher. Remember, whatever your answer, the police officer will put it in his report and testify to it at a trial. Do I have a right to an attorney when I am stopped by an officer and asked to take a field sobriety test? In Florida you do not have the right to talk to an attorney prior to the police conducting a DUI investigation as part of a traffic stop. As a general rule, there is no right to an attorney until after you have been arrested. You do not have the right to consult with an attorney prior to deciding whether you will submit to either the field sobriety tests or to a legal breath-alcohol or chemical test. What is the police officer looking for during the initial roadside detention at the scene? The traditional symptoms of intoxication taught at the police acadmies are: flushed face red, watery, glassy and/or bloodshot eyes odor of alcohol on breath slurred speech fumbling with wallet trying to get driver's license failure to comprehend the officer's questions staggering when exiting vehicle swaying/instability on feet leaning on car for support combative, argumentative, jovial or other "inappropriate" attitude soiled, rumpled, disorderly clothing stumbling while walking disorientation as to time and place inability to follow directions What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a battery of three to five such tests. Unlike the chemical-breath tests, where refusal to submit may have serious consequences (such as suspension of your driver's license or being charged with a misdemeanor), you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest you before they ask you take the FSTs; the tests are simply additional evidence which the suspect inevitably "fails." Thus, in most cases a polite refusal may be appropriate. The only safe time to agree to take the FSTs is when you know you are not impaired because you have not been drinking or ingesting drugs. Why did the officer make me follow a penlight with eyes to the left and right? This is the "horizontal gaze nystagmus" test. The officer attempts to estimate the angle at thwich the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration of over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset. Because of this, and other problems, the nystagmus test is not generally admissible at trial, although police officers continue to use the test for arrest purposes. If stopped, do I have to take the tests? The simple answer is "No." However, there could be severe consequenses to refusing, depending on which test you refuse. There are two types of tests used to determine your BAC: field sobriety tests and blood-alcohol/chemical tests. Field sobriety tests. Field sobriety tests are the type given by officers in the field at the stop, and include physical dexterity evaluations (walk the line, one leg stand, follow finger with eyes, ect.). These tests are voluntary and you have the absolute right to refuse to take them. There are no State mandated penalties for refusing to submit to field sobriety tests, although, if you go to trial, the State will have the officer testify that you were asked to perform FSTs and refused. The State administered chemical test (at the police station or hospital or mobile BAC van) of your breath, blood and/or urine. You have the "right" to refuse these tests. However, a refusal can result in the suspension of your driver's license. You will usually be given an "implied consent" warning, which tells you that you must take the test the officer designates or you will lose your driver's license for a 12 month period for a first refusal, or for an 18 month period if your driving privilege has been previously suspended as a result of a previous refusal to submit to such a test. Drivers with out-of-state licenses will lose the privilege to drive in Florida, and their home state may revoke their residential driver's license. In addition to the police chemical test performed by the police, you have the right to request to take an independent test with qualified personnel of your choice and at your own expense (usually at a hospital or other testing lab). If you request an independent test, the police are required to take you to a testing facility that is within a reasonable driving distance and within a reasonable time period after the police tests have been completed and you have been placed under arrest for DUI. Should I agree to take a chemical test? What happens if I don't? In Florida, the consequences of refusing to submit to a blood, breath or urine test vary. In Florida there generally two adverse results: Your driver's license will be suspended administratively the Department of Motor Vehicles for a period of 1 year if this is your first refusal, or a period of 18 months if this is your second refusal after a previously 1st refusal suspension. This is true even if you were not convicted of the DUI charge that resulted in the 1st suspension. The fact of your refusal will be introduced into evidence as "consciousness of guilt" at any trial of the DUI charge. Of course, the defense can also offer other reasons for your refusal. The decision whether to take the test or refuse to take the test is one of weighing the likelihood of an adverse test result against the adverse consequence of having your driver's license suspended. Do I have a choice of chemical tests? Which should I choose? In Florida you do not have choice of breath, blood or urine tests. The police will offer you only a breath test under normal circumstances. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis. Thus, if you are confident that you are sober, a blood sample is the wise choice. In Florida, you can request that the police permit you to have an independent blood test done when they have completed processing you, although you will have to pay for this test yourself. If you request an independent blood test the police are obligated to take you to a test facility for the testing where one is reasonably available. The officer never gave me a "Miranda" warning. Can I get my case dismissed? No. The officer is supposed to give a Miranda warnings (right to an attorney, etc.) only after an arrest. Often, however, the police do not give the warnings. The only consequence is that the State can not use any of your answers to questions asked by the police after your arrest. Will my license be suspended on a first arrest? Yes, you will receive an administrative suspension of your driving privilege if you are arrested and/or your test results are .08 % or higher. The police officer will give you a 30-day temporary permit (usually your DUI ticket). The Department of Motor Vehicles (DMV) will conduct an informal or formal hearing ( if within 10 days of your arrest you request a formal hearing) within 30 days from the date of your arrest to determine if your driving privilege should be suspended. If your driving privilege is suspended, the suspension shall be for a period of 1 year for a first refusal to submit to a breath test or for a period of 18 months for a second refusal, or if you submitted to a breath test, for a period of 6 months for a first DUI offense or 1 year for a 2nd offense. The period of the administrative suspension starts on the day of your arrest. This administrative suspension is NOT a part of any criminal prosecution for DUI by the State. If you are convicted at a criminal DUI trial you will receive another suspension, usually for six months, as a part of the criminal penalty. This criminal suspension begins on the date that you are sentenced. CAUTION: IF YOUR LICENSE IS SUSPENDED EITHER IN THE MANNER DESCRIBED ABOVE OR IF YOU REFUSE TO TAKE THE TESTS, YOU MUST FILE A REQUEST FOR A HEARING WITHIN 10 BUSINESS DAYS IN ORDER TO HAVE A FORMAL REVIEW. FAILURE TO DO SO COULD COST YOU BOTH YOUR RIGHTS TO APPEAL AS WELL AS YOUR LICENSE. CALL OUR OFFICE IMMEDIATELY TO REQUEST A HEARING! How accurate is the breath test? The Intoxilyzer 5000 is just a machine, affected by outside forces. The machine does not allow for individual variations and other factors such as mechanical failures. Other bodily chemicals, even foods such as white bread, may also influence the test results. What happens to my car when I'm arrested? Always ask to leave your vehicle at it's present location and tell the officer you will release him and the police department from all liability resulting from the vehicle remaining at the location. Another driver may not always be allowed to drive your car home. Most likely it will be towed at your expense, usually at a cost of $50 to $200, not to mention the aggravation of reclaiming your automobile from the wrecker service. What is a nolo contendere plea? A "nolo" is a plea that allows you to dispose of your case without admitting guilt. The only benefit derived from this plea is that it cannot be used against you in a subsequent civil action. It is treated as a guilty plea by the criminal court and you will be sentenced in accordance with the DUI statutory sentencing. What is a "rising BAC defense"? It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit -- but his actual BAC AT THE TIME OF DRIVING was below. What is "mouth alcohol"? "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings. What defenses are there in a DUI case? Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to his being the driver of the vehicle. Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. Implied consent warnings, If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states this may affect admissibility of the test results -- as well as the license suspension imposed by the motor vehicle department. "Under the influence". The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober. Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to- I ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist. Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results. Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving. Again, a number of complex physiological problems are involved here. Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc. License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles. What happens if I am arrested in possession of drugs, i.e., marijuana or cocaine? If convicted of even simple possession, you will lose your driver's license for 6 months. This is true even if no vehicle was involved in the offense. What are my options if arrested? You have 3 choices: You may plead guilty. You may plead nolo contendere, if you qualify, and at the Court's discretion, although such a plea is of little benefit. You can plead not guilty and take the case to trial. Should I hire a lawyer? No, if you feel that you have up-to-date knowledge of the law in this area and the experience necessary to represent yourself. Most people do not have this knowledge, especially at this time when the laws are changing so rapidly and becoming more punitive and complex. Yes, if you feel a qualified and professional attorney concentrating on such issues can represent your case more effectively than you. In this case you may not have time to shop around for a lawyer. You will need experienced and diligent legal representation as soon as possible.
3. Gutin & Wolverton: All felonies are serious crimes that can be punished by imprisonment or even death. Although most people understand that there are grave consequences to these crimes, most do not realize just how punitive Florida laws can be. For example, Florida's "10-20-LIFE" statute increases punishments for felony charges when guns are involved. If a gun was carried in a crime, 10 years will be added to the sentence. 20 years will be added if the gun was used, and 25 years to life in prison will be added if someone was hurt or killed. Use a gun and you're done. During a crime: Pull a gun - 10 years, fire a gun - 20 years, Shoot someone - 25 to LIFE. No matter what charges you are facing, it is important for you to understand that you have rights, including the right to an attorney. Do not talk to anyone until you talk to a lawyer. DUI Can Have a Variety of Serious Consequences Being pulled over by the police for drunk driving can be a devastating experience. If your blood alcohol level is above legal limit of 0.08, your license may be revoked by the Department of Motor Vehicles in addition to any criminal charges filed against you. Losing a driver’s license is a serious loss of freedom in Florida, where there is no reliable mass transit system. Refusal to submit to a breath, urine, or blood test in a DUI case is admissible as evidence (although it may still be in your interest to refuse). The Florida legislature has recently gone a step further and passed a new law making a second such refusal to take a blood-alcohol test a crime in itself. Although no lawyer can guarantee the outcome of your case, you should know that attorney Stephen Wolverton has not lost a DUI jury trial--whether the sobreity test was failed or refused--in the last 4¸ years.* Beyond the serious consequences of driving under the influence of alcohol or drugs and the stigmaof being known as a drunk driver, you may face other criminal charges. If you were driving while your license was suspended or while on probation for DUI (also known as DWI in other jurisdictions), additional counts against you may be filed. Additionally, you should be aware that if you are on probation, a DUI will violate your probation and you would face the consequences of that violation of probation. The penalties for DUI increase each time you are convicted. For a first offense, you may might be fined as little as $250 and face only six months in jail. However, a second offense has harsher penalties, and a fourth conviction is a felony DUI. If someone was injured due to your drunk driving, you could be charged with DUI with serious bodily injury, or worse, if it was a fatal accident, you could face a DUI manslaughter charge, a felony in which you could face jail time.
4. Mays & Henderson-Harvey: Attorneys deal with people, not just law books.Ê People have fears, stress and confusion when dealing with legal problems.