Gainesville DUI Lawyers
- Dunham, Christopher:
Driving under the influence of alcohol is never a wise idea and it can put you and others on the road at risk of serious injury or even death. If you have been arrested for DUI, you are no doubt frightened and concerned about the repercussions you might be facing. Since DUI puts so many people at risk, law enforcement officers and prosecutors will work tenaciously to arrest and convict offenders, seeking to keep the public roads safe. A DUI conviction can bring serious consequences, so if you have been arrested, the first step you should take is making contact with a Gainesville criminal defense attorney who can provide much-needed legal counsel.
In Florida, it is illegal to operate a motor vehicle if your BAC (blood alcohol content) is .08% or above. If police stop you for a first time DUI, you could face a misdemeanor or felony charge, depending on the circumstances surrounding the incident. Assuming that serious bodily injury or death was not inflicted upon another during your DUI, you may face 6-9 months in jail, fines of $250-1000 and a license suspension of 6 months to 1 year. You may also face probation, community service, DUI school and vehicle impound. If the offense was a second or greater, punishments can swiftly escalate.
- Miller, Stephen: What are my options? You must do one of these three things within 30 days of the date on the citation: 1. Pay the fine, admit you are guilty, and receive the appropriate number of points against your license. 2. Elect and attend a driver improvement course (Note: you are only eligible to make this election 5 times in your lifetime and no more than once per 12 months. Also, CDL drivers are not eligible to elect driving school.) 3. Request a hearing and contest the citation. We represent individuals at these hearings and provide them with the following services: á our attendance may mean it is not necessary for them to attend the hearing at all. á ensure that laws governing the use of evidence provided by radar and other electronic devises are followed in court. á ensure that all electronic detection devises were used properly and file appropriate motions for dismissal if they were not used properly. á file motions requesting that points be withheld from your driverŐs license.
- 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. A skilled traffic offense lawyer may be able to help you protect your driving privileges.
- DeCarlis, Sawyer & Alba: criminal defense, personal injury, and business litigation
- DeThomasis & Buchanan: Murder Manslaughter Robbery Burglary Theft DUI DUI Manslaughter Vehicular Homicide Racketeering Domestic Violence Assault Drug Related Offenses Trafficking in Controlled Substances Sale or Possession of Controlled Substances Sale or Possession of Drug Paraphernalia Battery Sexual Battery Aggravated Battery Resisting Arrest Juvenile Crime Violation of Restraining Orders Lewd and Lascivious Conduct Disorderly Conduct Disorderly Intoxication Trespassing Criminal Mischief Computer Related Crime
- Meldon, Jeffrey: DUI and Criminal Defense There is a big difference between being arrested and charged with a crime and being convicted of a crime. People get arrested every day in Gainesville and Alachua County for driving under the influence (DUI), of drugs or alcohol and other criminal charges. But being charged with a crime does not make you guilty of that crime! The phrase "Nobody is Perfect" applies to the police as much as it does to anyone else, and mistakes and procedural errors are common in DUI/DWI and criminal cases. A DUI charge, drunk driving, is not something to be taken lightly. If you have been arrested for DUI, then you are facing a SERIOUS LIFE ALTERING EVENT and you need to make some important decisions immediately! This is why: * A DUI in Florida is a mandatory criminal conviction! This is more serious than many felonies and can affect the rest of your life. * A conviction means that if you are guilty of the crime, then your DUI record cannot ever be erased, sealed or expunged. A DUI doesn't go away. It can affect your present and future employment, admission to graduate schools, military options, and insurance rates. * A DUI conviction in Florida will cause your insurance rates to skyrocket to as much as $3,000 to $5,000 per year for the next 3 to 5 years. * University of Florida students may face suspension or expulsion. * Your driving privileges could be completely revoked. These are only a few of the many reasons that a DUI charge should be fought vigorously. And once you get arrested, there truly is no time to lose in starting your defense. A DUI charge in Florida carries with it a mandatory license suspension, and you only have ten days to appeal that suspension. Can you imagine trying to get to school, work, shop for groceries or pick your kids up from school when you have no driving privileges at all? If you have been arrested for a DUI in Alachua County, there are two immediate steps that you should take: 1. Hire the best, the most qualified and the most experienced DUI legal team to represent you. 2. Do it ASAP! Don't wait to get help; it will only hurt your case. A successful DUI defense is one where either the charges are dropped or reduced to a lesser charge that won't have the same disastrous long lasting effect on your future. DUI cases are often won by examining the minute details of each case. This requires being up to date on the latest in DUI technology such as the CMI Intoxilyzer 8000, knowing and employing cutting edge defense strategies including questioning the validity of the Field Sobriety Testing, and having the experience, expertise, time and knowledge to make a successful defense. The number of DUI cases successfully defended over a long period of time is how a lawyer becomes skilled at DUI defense. This is THE single most important criteria for selecting a DUI lawyer. It is critical to hire an attorney based on their qualifications and experience. Experienced representation is THE most important factor in a successful DUI defense.
- Straile, Christian: When you are pulled over, maintaining a courteous and polite attitude will influence how the officers treat you. You may challenge being pulled over or even refuse the breath test. If you refuse the breath test, it is likely that your driver's license will be suspended. A second refusal is a misdemeanor. Your citation will act as a temporary diving permit for 10 days. If you do nothing, you will face license suspension. You Have Legal Rights; Use Them. The repercussions of drunk driving are significant. For a first-time DUI conviction, the penalties may include a fine, up to six months in jail, community service, DUI school and the impounding of your vehicle. Second convictions bring higher fines and longer jail sentences in addition to the mandatory installation of an ignition interlock device. This device will require you to blow into it prior to allowing the car to start. Third convictions bring additional jail time.
- Uman Law Firm: When a person has been arrested for DUI in Florida, he/she has 10 days from the time of his/her arrest to schedule an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (also referred to as a DMV hearing). If the person fails to schedule this hearing, his or her driverŐs license will automatically be suspended. All too often, people choose to represent themselves at their DMV hearings, or fail to request their DMV hearing within the required 10-day period. In both scenarios, the outcome is usually not good. For this reason, after you have been charged with DUI, you need to retain the services of a qualified Gainesville DUI defense lawyer, such as a lawyer at the Uman Law Firm. The lawyers at the Uman Law Firm have helped countless clients retain their driving privileges and know how to effectively represent you at your DMV hearing.
- Kinsell, Zadel & Whitaker: You may not have ever imagined that you would be stopped for drunk driving Đ you may have always been a responsible driver and have always maintained control when drinking. However, laws regarding drinking and driving are strict, and the penalties can be as well.
- Chestnut, Christopher: Driving Under the Influence, Driving While Intoxicated, Driving While License Suspended or Revoked Traffic offenses are some of the most common criminal charges. Some traffic offenses are more serious than others, but no matter what charges you are facing, you should consult with a qualified attorney to discuss the details of your case. Among the most serious traffic offenses are driving under the influence (DUI), driving while intoxicated (DWI), and driving while license suspended or revoked (DWLSR).
- Whittel, Roger: Boating under the influence (BUI) is the crime of operating a boat or other water vehicle while under the influence of alcohol or drugs. If your abilities are impaired because you have consumed alcohol or a controlled substance or drug (including prescription drugs), or if your blood alcohol level is .08% or above, you are legally considered to be boating under the influence and can be arrested. Penalties for BUI in Florida If you are convicted for boating under the influence, you may face the following penalties: First Conviction: $250 to $500 fine Up to 6 months in jail Second Conviction: $500 to $1,000 fine Up to 9 months in jail Third Conviction (after 10 years): $1,000 to $2,500 fine Up to 12 months in jail Fourth Conviction, or Third Conviction within 10 years: Third degree felony charge Up to 5 years in prison Fine of up to $5,000 BUI causing serious bodily injury: Fine of up to $5,000 Prison sentence of up to 5 years BUI manslaughter: First or Second degree felony charge Up to 15 or 30 years in prison Fine of up to $10,000
- Galigani Robertson: Penalties for a Driving Under the Influence of Alcohol or Drugs (DUI) conviction are extremely serious and may significantly effect your life, your finances, car insurance rates, relationships and your ability to work. Severe punishment demands a serious defense. Florida's DUI laws are strictly enforced. The public's perception of drunk driving has shifted dramatically. What was once viewed as a minor indiscretion is now seen as a serious crime with lifelong consequences. The advice of a qualified attorney is critical. You deserve an attorney experienced in the complex intricacies of DUI defenses (unreliable breath test machines, police mistakes and assumptions, and how medical conditions, fatigue, and prescription medications affect balance and coordination). ... carefully scrutinize every fact in an effort to vigorously defend your rights. University students beware! Your school may assess penalties in addition to what the government is pushing for.
- Salter, David: Have you been arrested or are being investigated for a crime? Then you need a qualified attorney to represent your case.
- >Hertz & Associates: A defendant may attack eyewitness testimony during trial. There are numerous issues and problems that arise when dealing with eyewitness identification testimony. One of the largest issues involves the reliability of the eyewitness. The defendant may attack the eyewitness identification testimony by cross-examination, by way of a jury instruction, or by way of closing argument to the jury.
- Silverman, Vorhis & Doa: In a criminal case, the clock starts ticking the moment you are arrested or formally charged. Criminal cases can move through the judicial system very quickly, so it is important to secure legal representation as soon as possible.
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Hutson & Brockway: Being arrested and prosecuted for Driving Under the Influence (DUI) is an extremely stressful time for the accused person and their family. If you are one of those people, you already have many questions about the legal process and what will happen to you. Some of your questions may be: Q. The officer took my license. Can I get a hardship driving permit while my case is pending? A. Yes, if otherwise eligible. But you must follow the Department of Highway Safe ty & Motor Vehicles' rules for applying for the permit. Importantly, you have only 10 days from the date of your arrest to request a hearing. If you make an appointment to visit Mr. Hutson or Mr. Brockway within time, we will assist you in requesting this hearing at no charge. We can also assist you concerning the procedures required to get a hardship permit. Q. What are the penalties if I plead guilty or no contest to DUI? A. For a first DUI conviction, you must pay a fine (at least $500.00) and court costs, suffer a license revocation (at least six months with the ability, in most cases, to get a hardship permit after a period of time), perform 50 community service hours, attend a MADD Victim Impact Panel, attend a 12-hour DUI program, and have the vehicle you were driving immobilized for ten days. The Court must enter a conviction on your record as well. If your breath- or blood-alcohol level was 0.15 or higher, the minimum fine for a first conviction is $1,000.00, and you are required to place an ignition interlock device on your vehicle for at least 6 months. Q. Will I get jail time if convicted? A. In general, first-time DUI offenders with no (or only minor) criminal history, and who have not injured other people, do not get jail time in Alachua County. Q. If I am convicted of DUI, can I get my record sealed or expunged? A. No. If convicted of DUI, you cannot have your arrest record sealed or expunged. Q. Are there other options beside going to trial or pleading guilty to DUI? A. It depends on your case. If you hire us, we will investigate your case and determine what weaknesses exist that could lead to a dismissal of the DUI, or to the state offering you a plea to a lesser charge such as Reckless Driving. If you are allowed to plead no contest to Reckless Driving, and the Court withholds the conviction and you have no other qualifying convictions, your DUI arrest may be sealed from your record through a separate civil proceeding. Q. I am a student at the University of Florida. Will I be suspended or expelled from school? A. Again, it depends. The University has procedures it follows in these cases, and exercises some discretion over this decision. Expulsion from the University is generally not the sanction sought, but suspension for one semester is not uncommon. We have represented and advised individuals who may be facing sanctions from the University for alleged criminal conduct. Below is a brief rundown of the minimum penalties for first offense driving under the influence in Florida (as of 2002):
1st offense (under .20 blood or breath alcohol level)
Adjudication of guilt (which is a conviction);
$250 fine plus court costs;
12 months of supervised probation (reporting to a probation officer once a month);
50 hours of community service (5 of which must be served on the Victim Impact Panel);
6-month driver's license suspension (running from the date of conviction, not arrest);
Attend and complete DUI school (a 12-hour course for the level 1 program); and,
10-day vehicle impoundment or immobilization.
- Jeffrey Meldon:
Being convicted of DUI can result in:
1. Loss of liberty
2. Loss of driving privileges
3. Fines and court costs
4. A criminal record
Other penalties may include years of higher insurance rates, many hours of enforced community service and a tarnished reputation. Many DUI cases can be successfully defended, thereby preserving your driving privileges and avoiding jail time.
Anyone can be accused of drunk driving. Frequently, an investigation for DWI begins when a police officer stops a motorist to issue a traffic ticket.
Frequently, it can be shown that a police officer's decision to arrest you was improper or unlawful. Evidence favorable to you may be presented to show that your condition at the time of your arrest was caused by factors other than alcohol. These factors may include having been in an accident, fatigue, your physical condition, or use of medications. Most importantly, you may deny that you were impaired by alcohol and we can document what you had to drink and that you have witnesses to prove your sobriety.
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Barbaretti & Quirk:
DUI: First Offender Minimum Penalties
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Mandatory conviction for DUI (misdemeanor offense).
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One year supervised probation.
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Meet with probation officer once a month
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Pay monthly supervision fee (about $50.00 per month).
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$250 fine plus court costs (about $700.00 total).
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If your BT results are >.20 the minimum fine is $500.00.
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If a person under 18 is in the vehicle at the time of the offense the minimum fine is $500.00.
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50 hours of community service.
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Attend Alcohol Safety Education Course (DUI School).
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Cost of DUI School: $200.00
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At least 12 hours of class time.
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Possible additional counseling for twelve weeks (one hour/week + $20.00 weekly fee).
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Attend Victim Impact Panel.
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Six months suspension of driverŐs license from date of conviction.
- Wershow, Schneider & Arroyo: The law firm you choose will make a difference in the outcome of your case.
- Karin Moore: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
- Kinsell & Salter: DRIVING UNDER THE INFLUENCE (DUI) - Florida law makes it illegal to drive when your blood alcohol level or breath alcohol level is .08 or above. First time offenses include a minimum fine of $250, 50 hours of community service, and possibly up to 6 months in jail. The punishment for DUI is severe, and is not to be taken lightly. DUI defense is our specialty. Our goal is to skillfully evaluate each case for police error, breath testing and other types of evidence which weakens the strength of the Prosecutor's case against you.
- Davis & Hutson: The penalties for such crimes are notoriously stiff; even first offenders receive no special consideration from the prosecutors, and the court is limited in terms of what type of sentence it can give in these cases.
- Stephen Berstein: If you are charged with drunk driving, the lawyer you choose will make a difference in the outcome of your case. Your best defense is to hire an experienced attorney.
- Melton & Barbarette: Frequently, it can be shown that a police officer's decision to arrest you was improper or unlawful. Evidence favorable to you may be presented to show that your condition at the time of your arrest was caused by factors other than alcohol. These factors may include having been in an accident, fatigue, your physical condition, or use of medications. Most importantly, you may deny that you were impaired by alcohol and we can document what you had to drink and that you have witnesses to prove your sobriety.
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