Brought to you by Colorado DUI Drunk Driving Defense

Search for Florida DUI Attorneys by County.

Coral Gables DUI Lawyers

• Izaguirre, Alfredo: Arrests For serious crimes, the police typically take suspects to a police station or a jail where they will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear specifying where a suspect is to appear for his arraignment. An arrest may have serious ramifications such as a loss of employment due to inability to pay bail, social stigma and (in some cases) the legal obligation to declare arrests when applying for a job, loan or professional license. Arraignment Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed. In addition, US jurisdictions allow pleas of "nolo contendere" (no contest) and the "Alford plea" in some circumstances. Probable Cause Hearings In the United States a probable cause hearing is the preliminary hearing that typically takes place after arraignment and before a serious crime goes to trial; the judge is presented with the basis of the prosecution's case and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. If the prosecution cannot make out a case of probable cause the court must dismiss the case against the accused. Plea baragining Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts. Trial Once charges have been brought, the case is then brought before a petit jury, or is tried by a judge if the defense requests it. The jury is selected from a pool by the prosecution and defense. The burden of proof is on the prosecution in a criminal trial, which must prove beyond a reasonable doubt that the defendant is guilty of the crime charged. The prosecution presents its case first, and may call witnesses and present other evidence against the defendant. After the prosecution rests, the defense may move to dismiss the case if there is insufficient evidence, or present its case and call witnesses. All witnesses may be cross-examined by the opposing side. Under the Fifth Amendment to the United States Constitution, the defendant is not required to testify, but must answer the prosecution's questions if he or she does testify. After both sides have presented their cases and made closing arguments, the judge gives the jury legal instructions; the jury then adjourns to deliberate in private. The jury must unanimously agree on a verdict of guilty or not guilty. Sentencing If a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the determination of guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence. Appeals After sentencing, the defendant may appeal the ruling to a higher court. American appellate courts do not retry the case; they only examine the record of the proceedings in the lower court to determine if errors were made that require a new trial, resentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before verdict is rendered, and may also appeal from the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself.
• Jimenez, Antonio: DUI Defense DUI offenses are very complex and have serious consequences. Below is an overview of these cases. For a detailed explanation, please visit the Florida DUI and Administrative Suspension Laws section of the Florida Department of Highway Safety and Motor Vehicles (HSMV) website. In Florida, a person can be charged with driving under the influence if they are in physical control of a motor vehicle while impaired by alcohol or drugs, or operating a motor vehicle with a blood alcohol level (BAL) of 0.08% or higher. Once the police suspects that a driver is operating under the influence, they may make a DUI traffic stop. Before a police officer can legally make a traffic stop, they must have sufficient cause. If the driver is disobeying traffic laws or displaying erratic driving behaviors, a police officer can make a legitimate traffic stop. However, the officer must be able to articulate a valid reason for stopping you. In other words, mere suspension is not sufficient. During the traffic stop, the police officer will monitor the driverŐs behavior, and look for further signs of intoxication. If the driver is incoherent, unable to answer questions, or has slurred speech, the police will have reason to believe the driver is under the influence. The driver will then be asked to submit to a voluntary field sobriety tests. By this point, the officer has most likely already made up his/her mind to arrest the driver, regardless of the performance on the tests. Once the driver is arrested and brought to the police station, they will be asked to provide a breath, blood, or urine sample. DUI Penalties If you are convicted of DUI in Florida, you face an array of harsh legal penalties. In addition to the penalites listed below, DUI carries a mandaoty adjudication. Meaning you will be convicted of the crime (as opposed to getting a Withold of Adjudication which is not a conviction). Below is a list of possible penalties for 1st, 2nd, and 3rd DUI convictions, but for a comprehensive list please click here 1st DUI Conviction * Fines of $250- $500, plus approximately $375 in court costs. * Up to 6 months in jail. * Vehicle impoundment up to 10 days. * DUI school. * Mandatory community service. * Required counseling and attendance at MADD functions. * DriverŐs license suspension of 6 months. 2nd DUI Conviction * Fines of $500-$1000, plus approximately $375 in court costs. * If the 2nd offense is within 5 years of the first, mandatory 10 days in jail. * Up to 12 months in jail. * DriverŐs license suspension of up to 5 years. * Vehicle impoundment up to 30 days. * Multi-Offender DUI school. * Mandatory community service. * Required installation of an Ignition Interlock Device. * Required counseling and attendance at MADD functions. 3rd DUI Conviction * May be charged as a felony. * Fines of $1000-$2500, plus court costs. * If the 3rd offense is within 10 years of the most recent offense, mandatory jail time of 30 days. * If charged as a felony, up to 5 years in state prison. * DriverŐs license suspension of 10 years. * Vehicle impoundment up to 90 days. * Multi-Offender DUI school. * Mandatory community service. * Required installation of an Ignition Interlock Device. * Required counseling and attendance at MADD functions. It is clear that for even a first offense, the penalties are severe. However, it is important to remember that an arrest is NOT a conviction; it is just an accusation. There are many different legal strategies available to fight for you in a DUI case.
• Reynoso, Walter: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
• Manuel Gonzalez: Have your problems escalated to the point where you have to find an attorney?
• Joe Fernandez:

  You have been arrested for DUI. Did the police officer make a mistake? Did the officer follow proper procedures in stopping, arresting and processing you? Can you drive? The anxiety and stress resulting from the arrest now does not allow you to remember anything the police officer said to you. Even if it was your mistake you are entitled to many protections provided by law.

• Julio Gomez: You must request a formal or informal review of your driver's license suspension within 10 days after the date of arrest for D.U.I. or the issuance of the notice of suspension whichever is latter.