Gainesville DUI Lawyers
- 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 driverÕs 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 Ð 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 & Voorhis:
In a criminal case, the clock starts ticking the moment you are arrested or formally charged.Ê Criminal cases can move through the judicial system very quickly, so it is important to secure legal representation as soon as possible.
- 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.
- Barbaretti & Quirk:
DUI: First Offender Minimum
PenaltiesMandatory conviction for DUI (misdemeanor offense).
One year supervised
probation. Meet with probation officer
once a month Pay monthly supervision
fee (about $50.00 per month).
$250 fine plus court costs (about $700.00
total). If your BT results are >.20
the minimum fine is $500.00. If a
person under 18 is in the vehicle at the time of the offense the
minimum fine is $500.00.
50 hours of community service.
Attend Alcohol Safety Education
Course (DUI School). Cost of DUI School:
$200.00 At least 12 hours of class
time. Possible additional counseling
for twelve weeks (one hour/week + $20.00 weekly fee).
Attend Victim Impact
Panel.
Six months
suspension of driver’s 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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