Brought to you by Colorado DUI Drunk Driving Defense

Daytona Beach DUI Lawyers

  1. Holt, Alan: D.U.I. cases, Traffic Offenses, Drug Offenses, Theft cases, Assault/Battery cases, and Probation Violations
  2. KOLEILAT & MILLER: Arrested for DUI? A person is guilty of driving under the influence if the person is driving or in actual physical control of a vehicle within this state while under the influence of alcohol, any chemical substances set forth in section 877.111, or any substance controlled under chapter 893 (Florida Statutes) when affected to the extent that the personŐs normal faculties are impaired or has a blood or breath alcohol level of 0.08 or greater. DUI Đ A CUMULATIVE CRIME First Offense DUI Đ if this is your first offense, the crime is punishable as follows: Fines DriverŐs License revocation (up to 1 year) Jail (up to 6 months) Vehicle impoundment (10 days) Probation (up to 12 months) Attendance at the alcohol safety education class and victim awareness class Community Service Second Offense DUI (this includes out of state convictions) outside of 5 years, is punishable as follows: Fines DriverŐs License Revocation Jail (up to 9 months) Vehicle Impoundment (30 days) Probation (up to 12 months) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) Second Offense DUI (this includes out of state convictions) within 5 years, is punishable as follows: Fines DriverŐs License Revocation (5 years) Jail (minimum mandatory 10 days up to 9 months) Vehicle Impoundment (30 days) Probation (up to 12 months) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) Third Offense DUI (this includes out of state convictions) outside of 10 years, is punishable as follows: Fines DriverŐs License Revocation (up to 1 year) Jail (up to 1 year) Vehicle Impoundment (90 days) Probation (up to 1 year) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) Third Offense DUI (this includes out of state convictions) within 10 years, is punishable as follows: Fines DriverŐs License Revocation (10 years) Jail (minimum mandatory 30 days up to 5 years) Vehicle Impoundment (90 days) Probation (up to 5 years, if charged as a felony) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) If the date of the offense for the third conviction is within 10 years of a prior conviction, the person can be charged with FELONY DUI! If the person is convicted and has an alcohol level of .15 or more or there was a person under the age of 18 in the car, the aforementioned fines are increased! At the courtŐs discretion, the defendant may be ordered to serve the term of a jail sentence in a residential alcohol/drug treatment program. Each day spent in treatment will count towards a day in jail. Felony DUI If a person has three or more prior convictions for DUI, the person may be prosecuted for Felony DUI If a person is DUI and causes or contributes to the cause of a crash involving serious bodily injury, the person is subject to being charged with DUI/SBI (DUI/Serious Bodily Injury). If a person is DUI and causes or contributes to the cause of a crash involving death, the person is subject to being charged with DUI Manslaughter. G. Kipling Miller, Esquire, has extensive experience in defending these types of serious crimes. Call him NOW and he will personally evaluate the merits of your case and discuss all possible defenses! Your Driving Privileges DUI is a criminal charge exposing you to a conviction on your driving record for the rest of your life. Please immediately review your DUI ticket. Are you eligible to drive for 10 calendar days? You may be granted a 42 day temporary driverŐs license permit which will allow you to drive for work purposes and to maintain your livelihood. In order to attempt to invalidate the forthcoming suspension imposed by the Department of Motor Vehicles, you must request a formal review hearing within 10 calendar days of your arrest. If you fail to request a formal review hearing, your license will be suspended!
  3. Every, Stack & Upchurch: Estate planning & elder law Asset protection Wills & trusts Medical directives Power of attorney Long-term care planning Guardianships Medicaid planning Probate Estate litigation Criminal law
  4. Koliat & Miller: Arrested for DUI? A person is guilty of driving under the influence if the person is driving or in actual physical control of a vehicle within this state while under the influence of alcohol, any chemical substances set forth in section 877.111, or any substance controlled under chapter 893 (Florida Statutes) when affected to the extent that the personŐs normal faculties are impaired or has a blood or breath alcohol level of 0.08 or greater. DUI Đ A CUMULATIVE CRIME First Offense DUI Đ if this is your first offense, the crime is punishable as follows: Fines DriverŐs License revocation (up to 1 year) Jail (up to 6 months) Vehicle impoundment (10 days) Probation (up to 12 months) Attendance at the alcohol safety education class and victim awareness class Community Service Second Offense DUI (this includes out of state convictions) outside of 5 years, is punishable as follows: Fines DriverŐs License Revocation Jail (up to 9 months) Vehicle Impoundment (30 days) Probation (up to 12 months) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) Second Offense DUI (this includes out of state convictions) within 5 years, is punishable as follows: Fines DriverŐs License Revocation (5 years) Jail (minimum mandatory 10 days up to 9 months) Vehicle Impoundment (30 days) Probation (up to 12 months) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) Third Offense DUI (this includes out of state convictions) outside of 10 years, is punishable as follows: Fines DriverŐs License Revocation (up to 1 year) Jail (up to 1 year) Vehicle Impoundment (90 days) Probation (up to 1 year) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) Third Offense DUI (this includes out of state convictions) within 10 years, is punishable as follows: Fines DriverŐs License Revocation (10 years) Jail (minimum mandatory 30 days up to 5 years) Vehicle Impoundment (90 days) Probation (up to 5 years, if charged as a felony) Attendance at the alcohol safety education class and victim awareness class Community Service Interlock device (installed at your expense) If the date of the offense for the third conviction is within 10 years of a prior conviction, the person can be charged with FELONY DUI! If the person is convicted and has an alcohol level of .15 or more or there was a person under the age of 18 in the car, the aforementioned fines are increased! At the courtŐs discretion, the defendant may be ordered to serve the term of a jail sentence in a residential alcohol/drug treatment program. Each day spent in treatment will count towards a day in jail. Felony DUI If a person has three or more prior convictions for DUI, the person may be prosecuted for Felony DUI If a person is DUI and causes or contributes to the cause of a crash involving serious bodily injury, the person is subject to being charged with DUI/SBI (DUI/Serious Bodily Injury). If a person is DUI and causes or contributes to the cause of a crash involving death, the person is subject to being charged with DUI Manslaughter. G. Kipling Miller, Esquire, has extensive experience in defending these types of serious crimes. Call him NOW and he will personally evaluate the merits of your case and discuss all possible defenses! Your Driving Privileges DUI is a criminal charge exposing you to a conviction on your driving record for the rest of your life. Please immediately review your DUI ticket. Are you eligible to drive for 10 calendar days? You may be granted a 42 day temporary driverŐs license permit which will allow you to drive for work purposes and to maintain your livelihood. In order to attempt to invalidate the forthcoming suspension imposed by the Department of Motor Vehicles, you must request a formal review hearing within 10 calendar days of your arrest. If you fail to request a formal review hearing, your license will be suspended! If the administrative suspension is set aside, you will have a valid driverŐs license pending the outcome of your criminal DUI case.
  5. Delaroche, Steven: The Consequences of a DUI Conviction The punishment for a first time offense is $916 and up to 50 days in jail in addition to community service and a drivers' license suspension. Simply put, you can't afford not to fight a DUI charge. In addition to the criminal process, I can help you navigate the administrative process for preserving your drivers' license. If this is not your first DUI, you could be looking at even more severe consequences, including a mandatory 90 day jail sentence.
  6. Harr, David: - DUI -
  7. Revis & Blackburn: A criminal conviction, whether for a misdemeanor or a felony, will result in serious consequences, including: * Establishment of a Criminal Record * Large Fines * Probation * House Arrest * Jail or Prison Time * Forfeiture of your Vehicle If you are convicted of drunk driving (DUI) you may face additional penalties, including: * Jail * Loss of Your DriverŐs License * Court Ordered Alcohol Treatment and /or Education * Supervised Probation * Immobilizing your vehicle * Substantial fines and costs Any criminal charge MUST be taken seriously. We have successfully represented clients on a wide range of criminal matters, including: * Drug Charges o Possession o Sale o Distribution / Trafficking o Manufacture * Drunk Driving (DUI) * Forfeiture actions * White Collar Crimes * Criminal Sexual Conduct * Theft / Burglary / Robbery * Assault/Battery * Domestic Violence * Homicide * Juvenile Delinquency Proceedings
  8. Brock, Darrell: Family Law Family law attorney Volusia county serving Daytona Beach New Smyrna Beach Ormond Beach Holly Hill Port Orange Daytona Beach Shores Edgewater Oak Hill DeBary Orange City Enterprise Deleon Springs Barberville Pierson Seville Lake Helen Deltona DeLand South Daytona Ponce Inlet Family Law divorce property division attorney Daytona Beach Property Division Alimony Spousal Lawyer Daytona Beach Alimony/Spousal Support Divorce Child Custody attorney Child Custody attorney in Daytona Beach Volusia County for Visitation Agreements and Schedules Visitation Agreements and Schedules Marital Settlement Agreements attorney volusia lawyer Daytona Beach Marital Settlement Agreements Guardianship attorney Volusia County Daytona Beach Guardianship Criminal Law criminal defense attorney serving Daytona Beach New Smyrna Beach Ormond Beach Holly Hill Port Orange Daytona Beach Shores Edgewater Oak Hill DeBary Orange City Enterprise Deleon Springs Barberville Pierson Seville Lake Helen Deltona DeLand South Daytona Ponce Inlet Criminal Lawyer Daytona Criminal Lawyer Daytona CRIMINAL DEFENSE LAWYER DUI | DWI Attorney Daytona DUI Attorney Daytona Drug Charges Daytona White Collar Crime Daytona Murder | manslaughter Daytona DUI manslaughter Attorney Daytona Sexual battery | sex offense Domestic violence and abuse Assault and battery Attorney Daytona Armed robbery Attorney Daytona Burglary Attorney Daytona TRAFFIC OFFENSES Traffic Defense Lawyer Daytona RECKLESS DRIVING LEAVING THE SCENE OF AN ACCIDENT RACING ON THE HIGHWAY Real Estate Attorney good Real Estate - Attorney Darrell Brock attorney Volusia County Daytona Beach Florida Serving Volusia County Port Orange, Daytona Beach, South Daytona, Flagler, Volusia, St. Johns, Duval, Putnam, Lake, Marion, Seminole, Orange, Brevard Counties Florida Central Florida Real Estate Attorney Daytona
  9. Buckmaster & DuPont: If you were arrested for a DUI there are immediate consequences that can significantly affect your life. Typically, law enforcement will seize your license after you are arrested for a DUI. You only have ten (10) days from the date of your arrest to challenge an automatic suspension of your driving privileges. You can challenge the administrative suspension by applying for a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you blew a .08 or higher on the breath machine, your driver's license is suspended for a period of 6 months. If you refused to provide a breath, blood or urine test, your driver's license was suspended for 12 months. If this is your second time refusing any such test your license is suspended for 18 months. However, you have an opportunity to get your driver's license back as if it was never suspended. This is done by winning the formal review hearing. It is important to understand that the Florida Department of Highway Safety Motor Vehicles can still take away your right to drive even if the charges against you are later dismissed, or reduced in criminal court. It is vital you seek counsel to try and help you get your license back immediately or help you apply for a hardship license or temporary permit so you can continue to drive to work or school. Again, please be on notice that you only have 10 days from the arrest date to file for your formal review hearing. Insurance If you are convicted of a DUI your insurance company receives notice of your conviction. Your company will most likely increase your rates, and possibly cancel your policy at the end of its term. If your insurance is cancelled, you will not be able to lift the suspension on your license. You will need to find another insurer, and the cancellation will appear on your insurance claims history. The DUI conviction may hinder you from getting an insurance policy in the future. Criminal Convictions First Conviction * Fines of $1,000 to $2,000. If you have a Blood Alcohol Level of .15 or higher, or were driving with a minor in the car, your fine is no less than $1,000 and no more than $2,000. * Community service. Mandatory 50 hours, or an additional fine equaling $10 per required hour. * If your Blood Alcohol Level is .15 or higher, the court shall order the mandatory placement, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for up to 6 months for the first offense * Probation of no more than one year. * Jail time of at least eight hours, but could last up to six months. For Blood Alcohol Level of .15 or higher, the sentence could last nine months. * Vehicle impoundment for 10 days (not counted during your incarceration) * Driver license revoked for a six month minimum Second Conviction * Fines of $2,000 to $4,000. For Blood Alcohol Level of .15 or higher, or a minor in the car, no less than $2,000 and no more than $4,000. * Jail time of not more than nine months. A Blood Alcohol of .15 or higher, or driving with a minor in the car, could be up to 12 months. If it's your second conviction in five years, a mandatory 10-day jail sentence will be required. * For a second conviction, by mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license * Vehicle impoundment (if a second conviction in five years) for 30 days. * Driver license revoked for six months minimum. If it's your second conviction in five years, you'll lose your license for five years (but will be eligible to apply for a hardship license after one year). Third Conviction or Subsequent Conviction * If it's your third conviction and you have a prior DUI conviction within the last 10 years it becomes a felony and you will be fined $2,000 to $5,000. * If it is your third conviction and you have a prior conviction in the last 10 years you could be facing up to 5 years in State prison, * Any person who is convicted of a third DUI and has a prior DUI conviction more than 10 years old then it is a misdemeanor that carries a fine of not less than $2,000 to $5,000 and jail for a mandatory 30 days and not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. * Vehicle impoundment (third conviction in 10 years) for 90 days. * Driver license revoked for a minimum five years. If it's your third conviction in 10 years, a minimum of 10 years revocation will apply. Fourth or Subsequent Conviction * Fines of $2,000 to $5000. * Jail time of up to five years. * Driver license revoked-mandatory permanent revocation. You won't ever be eligible for hardship reinstatement.
  10. Smith Hood Perkins: murder, drunk driving, drug possession, narcotics sales, theft and grand larceny, white collar fraud, embezzlement, sex offenses, arson, conspiracy, as well as misdemeanors
  11. Pappas, Russell & Rawnsley: * Traffic * DUI * Petty Theft * Solicitation/Prostitution * Drug Possession * Drug Sales * White Collar Crimes * Racketeering (RICO) * SEC Violation/Money Laundering * Embezzlement * Tax Crime * Fraud * Public Corruption * Murder * Robbery/Grand Theft * Burglary * Trespassing * Assault/Battery * Kidnapping * Rape * Domestic Violence * Child Abuse/Sex Crime * Firearm Crime * Probation Violation * Bond Reduction * Records Expunged
  12. Revis & Blackburn: A criminal conviction, whether for a misdemeanor or a felony, will result in serious consequences, including: * Establishment of a Criminal Record * Large Fines * Probation * House Arrest * Jail or Prison Time * Forfeiture of your Vehicle If you are convicted of drunk driving (DUI) you may face additional penalties, including: * Jail * Loss of Your DriverŐs License * Court Ordered Alcohol Treatment and /or Education * Supervised Probation * Immobilizing your vehicle * Substantial fines and costs Any criminal charge MUST be taken seriously.
  13. Damore, Delgado, Romanik & Rawlins: The consequences of a DUI are great. In addition to the loss of your driver's license, you could be subject to thousands of dollars in fines and a drastic increase your insurance premiums. The loss of a commercial drivers' license (CDL) could possibly mean the loss of your job.
  14. Anthony, Joan: These types of cases can have severe consequences, from jail time to large monetary fines. A criminal conviction may also be detrimental to your future, making it difficult to gain employment and create a blemish on your record. DUI and Traffic Offenses Drug Charges Assault/Battery Charges Domestic Violence Robbery Sexual battery and other sex offenses Violation of Probation Violation of Community Control
  15. Fox & Muriello: Why should I hire a Criminal Law Attorney? The sooner a Criminal Defense Lawyer is brought into a criminal case or investigation, the better the potential results are for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspectŐs best interest. A serious criminal charge can have a defendant fighting for his or her fundamental freedom. Do not gamble while your freedom is at stake! When you are accused of a crime, your freedom, your family, your reputation and your job may be at stake. Be certain of your attorneyŐs competence, reputation, expertise and experience as a Criminal Defense Lawyer.
  16. Delgado & Romanik: Being stopped by a police officer is always an unsettling experience. Being asked to get out of the car and perform field sobriety tests on video is embarrassing and humiliating. You could be arrested for refusing to take a breath test, spend a night in jail, have your car towed, and lose your driver's license. If you have been charged with driving under the influence (DUI) of alcohol or a controlled substance, it is important to hire an attorney as soon as possible, or you may lose your license and driving privileges automatically.
  17. James Riecks: The DUI defense attorney you hire to represent you may hold the key to your driver's license, your freedom, and your future criminal record. If your attorney isn't willing to fight vigorously to protect your rights and future, you may face a penalty that will affect your life for years.
  18. Simpson, Delgado & Romanik: Being stopped by a police officer is always an unsettling experience. Being asked to get out of the car and perform field sobriety tests on video is embarrassing and humiliating. You could be arrested for refusing to take a breath test, spend a night in jail, have your car towed, and lose your driver's license. If you have been charged with driving under the influence (DUI) of alcohol or a controlled substance, it is important to hire an attorney as soon as possible, or you may lose your license and driving privileges automatically.
  19. Chanfrau & Chanfrau: If you or a loved one has been arrested on a DUI charge in Florida, it is vitally important that you contact one of our criminal defense lawyers immediately. Time is of the essence in these cases. Laws pertaining to positive breathalyzer tests, or refusals to take them, allow you only 10 days to appeal the suspension of your driver's license. And remember, a driver's license suspension is one of the lesser penalties of a DUI conviction. DUI offenses constitute a criminal record and can radically affect your future and reputation; they may even land you in jail.
  20. Timothy Herring:

    DUI FAQS

    Legal advice for each situation can only be obtained by consulting directly with an attorney. This information should not be considered legal advice for any individual and is meant for general informational purposes only.

     

    1. I just got arrested for DUI, can I wait until I go to court to take care of it?
    If you do not apply for a DMV hearing within 10 days after your arrest (even though the hearing will be in the future), your Florida driving privilege will be suspended. The yellow ticket is your driving permit for ten days after your arrest if marked yes for Ňeligible for permit.Ó You may also be eligible for a temporary driverŐs license. The length of the suspension depends on a number of factors including whether you took a breath test or refused. This suspension will happen while the criminal case is still pending or even if the criminal case is dismissed unless you file and prevail at the hearing.

    When the officer stopped you, he acted as a police officer requiring you to deal with this case in the criminal courts and as an agent of the DMV starting a completely different process called an Administrative Suspension Process. The DMVŐs decision does not affect the criminal courtŐs decision.

    2. Should I apply or should I have an attorney apply for a DMV hearing?
    It is best to have an attorney make the application, just to make sure that it is done correctly. If that can not be done the next best thing would be for you to make that application.

    Regardless, if the application is not made within 10 calendar days, it will be too late. Sometimes, if good cause exists, we are able to get DMV hearings, even if application is made after the 10 day window.

    3. What if I am from out of state and do not have a Florida license, do I still need to worry about setting a DMV hearing?
    Yes. You should still apply for a DMV hearing.

    It is your privilege to drive in Florida that is being suspended. If you do not wish that privilege to be suspended, you need to apply for that hearing. Also, the state that issued you your driver's license may take action against your privilege in that state, depending upon the nature of your suspension in Florida. This is a technical area for which you should seek the advice of an attorney experienced in this area.

    4. Can these DMV hearings be won?
    Yes, but not for the reasons you may think. The DMV will not consider the reasons why you need to drive. Their decision will be based only on the evidence presented and the facts. These hearings can be highly technical and won on technical issues. Success depends on a current and thorough understanding of the changing laws and conflicting cases that are relevant in this area.

    5. What will happen to me in the Criminal Courts if I am convicted of DUI?
    Anything from probation, a fine, a driverŐs license suspension, a jail sentence, school, community service, the requirement of placing an interlock on your ignition switch, to State prison and a permanent driverŐs license revocation (for a serious felony). This is all separate and apart from the DMV action discussed above.

    The answer depends on a number of factors:

    1. Whether this is your first offense, or you have prior convictions.
    2. Whether your blood alcohol was more than .20%
    3. Whether or not there was an accident in this case, or in a case involving an earlier conviction.
    4. You could be charged with a felony if someone was seriously injured or died, or if you had 2 prior convictions where the second conviction was within 10 years of the new DUI or you have three prior DUI convictions.

    Only conferencing with an attorney in your case will give you information about your possible exposure to increased sentencing and what can be done to lessen that exposure.

    6. Will hiring an attorney make a difference?
    Generally, yes.

    A well trained lawyer with experience in the area of DUI law can make a difference. A lawyer who is competent in this area may get cases dismissed, reduced or help to minimize the harm to the client.

    The relationship between the administrative and criminal laws is a complicated area. An experienced lawyer can guide you through this process and answer your questions.

    Also, at other times defendants are frequently not aware of their obligations after a conviction. One of the busiest areas of my practice is helping people answer new criminal charges and complications caused by not completing their post conviction responsibilities to the court. This is because some defendants do not realize all of their obligations to the court while on probation, or for that matter, how to deal with the Department of Motor Vehicles after a suspension. Almost all people charged with DUI need a knowledgeable and experienced lawyer to guide them through this complicated system.

    7. I live out of state, do I need to return to Florida and what are some unusual problems I may face being from another state?
    The first thing you should know is that if you are charged with misdemeanors and some felonies, your attorney may appear for you at pretrial hearings, saving you return trips to Florida.

    Second, there are many obligations created by a conviction that appear to require an out of state resident charged with DUI to return to Florida to complete. However, a knowledgeable attorney may arrange for most, if not all, of your obligations to be completed out of state.

    8. Do I have to be over .08% (the "legal limit") to be charged with DUI?
    No. Many persons are often charged with Driving Under the Influence with a blood level below the .08% level. This is because the officer alleges your Ňnormal facultiesÓ are impaired.

    9. What are some of the circumstances that may lead to me being charged with a felony?
    A DUI charge may be a felony if one of the following is true:

    1. You have two or more prior DUI's.
    2. Someone was seriously injured in an accident that you were involved in while driving under the influence.
  21. Toung, Brian:

    Drunk driving (DUI) is not a minor traffic offense, it is a serious criminal charge. A conviction for drunk driving (DUI) in Florida carries serious consequences. A first-offense drunk driving conviction will result in 50 hours of community service, 6 months of probation, large fines and court costs, alcohol education courses, and loss of your driverŐs license for 6 months. A second or subsequent drunk driving (DUI) conviction can result in at least 10 days in jail, longer jail terms, larger fines, lengthy or lifetime license revocation, and imposition of an ignition interlock device for up to two years at a cost of seventy dollar per month. A third drunk driving (DUI) conviction can be raised to a felony, resulting in state prison time. A drunk driving conviction with aggravating factors, such as children in the car or an accident with injuries, is a felony and can result in several years of state prison time. Do not risk imposition of these serious penalties by proceeding without an experienced Daytona Beach, Florida drunk driving (DUI) defense attorney.

    Drunk driving (DUI) cases are winnable... You DO NOT simply have to plead guilty.

    In addition to your criminal case, your driverŐs license suspension can be challenged in an administrative review hearing...

    Police, prosecutors, and judges in Florida take drunk driving (DUI) seriously. You need an aggressive and effective drunk driving (DUI) defense lawyer who takes defending you just as seriously.

  22. Tonya Cromartie: It is the policy of the Florida State Attorneys Office not to speak to people charged with crimes. The State Attorneys Office will only speak with you through your Florida criminal defense attorney. It is important that the prosecutor assigned to handle your case hears your side before they make a decision to file charges if possible. Having a criminal defense attorney discuss your case with the prosecutor before charges are filed can result in an early resolution of the case, lesser charges being filed, or in some instances, the prosecutor deciding not file charges at all.
  23. Gail Graziano: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
  24. David Ege: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel can lead to your arrest for DUI by being in actual physical control of the car.
  25. Richard Whitson: Road blocks have been frequently been used for DUI investigations. Thus, in State v. Jones, the Florida Supreme Court established standards for this procedure. First, the roadblock must be established and operated according to detailed guidelines regarding the selection of vehicles, detention techniques, assignments and the disposition of vehicles so that little discretion is left to the officers conducting the road block.
  26. Whited Law Firm: A person is guilty of driving under the influence if the person is driving or in actual physical control of a vehicle within this state while under the influence of alcohol, any chemical substance set for the in 877.111, or any substance controlled under chapter 893 of the Florida Statutes when affected to the extent that the personŐs normal faculties are impaired or has a blood or breath alcohol level of 0.08 or greater.
  27. David Kerce: DUI in the State of Florida is increasingly a targeted crime by law enforcement. Some counties and municipalities have devised special police units to do nothing but search the roads for drunk drivers. DUI in Florida is not limited to alcohol alone, but to certain other chemicals such as toluol, hexane, acetone, and other, or any controlled substance such as illegal drugs or regulated, but legal drugs.
  28. Gregory Wagner: A person is guilty of the offense of driving under the influence and is subject to punishment as provided in the penalties section if the person is driving or in actual physical control of a vehicle within this state.


Return to Florida DUI Lawyers