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Lakeland DUI Lawyers

  1. Sites, William: Many criminal cases involve not only the criminal justice system, but also various administrative agencies. Specifically, the most common situation involving administrative agencies is when you have been charged with Driving Under the Influence. Because a Driving Under the Influence charge can result in an immediate suspension of your driverÕs license you must be aware that there are time constraints on what you can do to challenge that suspension. Those suspensions are challengeable through administrative actions.
  2. McDonald & Shearer: When an individual has been stopped by law enforcement and charged with a DUI offense, many people do not realize they are being charge with a crime, and even a first time offender may face potential incarceration. An individual may be charged for a DUI if their normal faculties are impaired by alcohol, or if they are operating a motor vehicle with a blood alcohol content of .08% or high
  3. Alvarz, Ricardo: Driving Under the Influence: If you have been charged with Driving Under the Influence, you need to contact an experienced attorney as soon as possible. There are options at your disposal that are time sensitive.
  4. Allen & Abaray: What should I do if a police officer pulls me over? Remain as calm as possible, and pull over to the side of the road as quickly and safely as you can. Roll down your window, but stay in the car -- don't get out unless the officer directs you to do so. It's a good idea to turn on the interior light, turn off the engine, put your keys on the dash and place your hands on top of the steering wheel. In short, make yourself visible and do nothing that can be mistaken for a dangerous move. For example, don't reach for a purse or backpack or open the glove box unless you've asked the officer's permission, even if you are just looking for your license and registration card. The officer may think you're reaching for a weapon. When the officer approaches your window, you may want to ask (with all the politeness you can muster) why you were stopped. If you are at all concerned that the person who stopped you is not actually a police officer (for example, if the car that pulled you over is unmarked), you should ask to see the officer's photo identification along with her badge. If you still have doubts, you can ask that the officer call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station. If a police officer pulls me over, can she search my car? No, unless the officer has sufficient probable cause to establish a basis on which to search your vehicle. Probable cause exists when the facts and circumstances within an officer's knowledge are sufficient to warrant a person of reasonable caution to believe that an offense has been committed. Furthermore, if the officer requests your consent to search your vehicle, you may refuse these requests and your refusal alone does not give him probable cause to search your vehicle. If, however, you have no objections to the officers searching your vehicle, you may consent to the search. Everyone has different opinions as to their own privacy interests and the choice is ultimately yours whether to consent to a search. Generally an officer may not search your person unless you consent to the search or the officer has a probable cause or reasonable suspicion that you are armed and dangerous. Reasonable suspicion, for purposes of a weapon search, may be established if the officer notices any bulges in your clothing that would make it appear that you may have a weapon and the facts would indicate that you pose a danger to yourself or others. If my car is towed and impounded, can the police search it? Yes. If your car is impounded, the police are allowed to conduct a thorough search of it, including its trunk and any closed containers that they find inside. This is true even if your car was towed after you parked it illegally, or if the police recover your car after it is stolen. The police are required, however, to follow fair and standardized procedures when they search your car, and may not stop you and impound your car simply to perform a search. Are all illegal drugs treated equally when it comes to punishing drug dealers? No, the punishment for drug crimes depends not only on the criminal conduct of the offender but also on the classification of the drug and the quantity of the drug. In addition, Federal Court and State Court are completely different as well. What is DUI? DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. Can a person be guilty of drunk driving if he only had one drink? 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. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states, as in Florida, the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person's BAC at the time of the incident was .08 or greater, he or she can be convicted of DUI, regardless of how much alcohol was actually consumed. In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person's driving is impaired by the consumption of alcohol or narcotics, he or she can be found guilty of DUI. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and appearance. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tasks, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of DUI. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of DUI. It should be noted that the field sobriety tasks are very precise and most Defendants state that they passed the test but were still arrested. When we receive the officerÕs reports, they are a very different description than what the Defendant recalled. You may want to demand that the tasks be video taped if you are concerned about being wrongly accused. As a general rule, the decision to arrest has been made prior to field sobriety testing and the tests are simply a tool to gather additional evidence to use for convicting the Defendant at trial. Is there anyway to avoid a DUI? It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. Does the car have to be moving for me to be guilty of DUI? No. 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 with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car. If you decide you are unable to drive but are going to remain in the vehicle, you should get in a passenger seat to reduce your risk of being arrested. In addition, putting the keys in the ignition for listening to the radio puts you at additional risk. Do I have to submit to a breath, blood, or urine test? No. However, refusing such tests could automatically suspend your driving privilege. The laws of most states permit the motor vehicle department to suspend your privilege to drive. In Florida, your privilege to drive can be suspended for one year for a first refusal, and for eighteen months for a second refusal. This suspension is called an Administrative Suspension and is separate from the suspension that could be imposed by the Court. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt. Can I fight my Administrative Suspension? Yes. You may request a review of the driverÕs license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing. If I am arrested for a DUI, will I lose my license? Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driverÕs license and as your notice of suspension. You have 10 days to request an Administrative Review Hearing through the Department of Motor Vehicles, which you SHOULD request immediately. The instructions for the request are on the citation. How long will I lose my license? This will vary from state to state. However, if you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for six months for a first offense, and one year for a second offense.
  5. Peddy, Robert: When an individual has been stopped by law enforcement and charged with a DUI offense, many people do not realize they are being charge with a crime, and even a first time offender may face potential incarceration. An individual may not only be charged for a DUI (Driving under the Influence) if they are operating a motor vehicle with a blood alcohol content of .08% (blood to alcohol ratio) or higher, but also if they are found to be under the influence of illegal or prescription drugs, or other substances which may impair ones ability to safely operate a motor vehicle. When determining if an individual who has been pulled over for suspicion of being under the influence of drugs or alcohol is a process which is subject to the general perception of the law enforcement officer. Field sobriety tests are inherently designed to make you fail. They employ movements and bran teasers which many sober individuals may fail. If arrested for a DUI offense, you only have 10 days from the date of the DUI arrest to request an administrative hearing with the department of motor vehicles. At this point you may request to be granted hardship driving privileges while you are involved in the legal process of defending yourself against DUI charges. According to Florida Statute 316.193(2)(a)-(b), the penalties for a DUI conviction may be as little as 30 days in county jail and/or a $500.00 fine, to as much as 5 Years in Prison and/or $5000.00 fine. If the DUI offense is associated with property damage, serious injuries or the loss of life of another, the charges may include even more severe charges, such as DUI Vehicular Manslaughter which carries a maximum prison sentence of 15 years; 30 years if the accused left the scene. Being charged with a DUI Offense does not always mean a conviction will follow. Your best chance to have a successful outcome in any DUI related legal situation is to seek the legal advice and representation of experienced legal counsel.
  6. Wescott, Joshua: A person may be arrested and charged of a Criminal DUI Offense if it is determined that they are under the influence of alcoholic beverages, illegal drugs, prescription drugs or other controlled substances which may impair ones ability to safely operate a motor vehicle. Facing DUI charges is a serious matter as the nature of the offense puts others lives and property in danger. For this reason prosecutors and law enforcement typically will exhaust all legal means to in order to achieve a conviction. When arrested and charged with a criminal dui offense, it may be extremely important that you seek the legal advice and representation of experienced legal counsel.
  7. Kohl Law Group: A Special Type of Criminal Defense Drunk driving charges are different from any other criminal charges. DUI does not only involve the criminal justice system. It also involves the Department of Highway Safety and Motor Vehicles' administrative process. Your lawyer needs to defend you in both. The Administrative Process Even if you are not convicted of a crime, your driver's license can still be jeopardized by DUI charges. You only have a number of days from the arrest to request an administrative review of your driver's license revocation. This administrative review is incredibly important.
  8. Vanderzee Law Firm: Criminal Defense * DUI & Traffic Offenses * All Misdemeanors & Felony Cases
  9. Grajeck, Thomas: DRIVING UNDER THE INFLUENCE DUI/DWI DUI is a serious criminal offense that can affect your freedom, employment, and insurance rates. DUI in Florida carries certain mandatory penalties. Most importantly, when you were arrested for DUI, the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV) suspended your license for a period of 6 months to 18 months depending on the facts of your case, whether you blew over .08 or refused the Breath Test, and your prior driving history. The DUI citation the officer issued is your temporary driver's license for the next 10 days, if you are otherwise eligible. After the 10 days, the administrative suspension of your driver's license is effective. YOU HAVE A RIGHT TO TO HAVE A HEARING ON WHETHER THIS SUSPENSION IS UPHELD OR INVALIDATED. YOU MUST APPLY FOR THE FORMAL REVIEW HEARING WITHIN 10 DAYS OF YOUR ARREST. It is important that you have an experienced criminal defense lawyer represent you at the Formal Review. The Formal Review can be a valuable discovery tool to help prepare your case for court and for trial. Some of the mandatory penalties for a first-time DUI conviction are: bullet Adjudication of Guilty so you are convicted and can not seal or expunge any arrest bullet 6 month driver's license suspension (independent of the DHSMV suspension) bullet 50 hours community service bullet Fine and court costs bullet Attend DUI school bullet Attend the Victim Impact Panel (VIP) bullet A period of supervised probation bullet Vehicle impoundment/immobilization for 10 days - many times I can get this condition deleted for my clients There are many important factors in a DUI case: bullet Is the Breath Test admissible in court? bullet Can the Breath Test results be excluded or thrown out? bullet Is there a videotape of my arrest? bullet Do the police have to videotape my arrest? bullet How do I look on the video? bullet Can the Field Sobriety Exercises be used against me? bullet What is the Horizontal Gaze Nystagmus? (pen and eye exercise) bullet Did the officer have to read me my rights (Miranda) at the roadside? bullet Did I have the right to an attorney at the time the police asked me to take the Breath Test? bullet I was an accident, what is the Accident Report Privilege and how can that help my case?
  10. Cohen & Best: The ramifications of a DUI arrest and conviction may be severe. Almost immediately after a DUI conviction your driving privileges may be at stake. An unsuccessful administrative hearing could lead to you loosing you drivers license for a period of six months to one year (if you refuse a breathalyzer test). Individuals who's livelihood depends upon your ability to operate a motor vehicle may be immediately put in jeopardy. Adding insult to injury, your auto insurance rates may significantly rise or your policy cancelled.
  11. Cheatwood, Gail: * Important Notice * After a person has been arrested for a DUI Offense, they have 10 (ten) days from the date of arrest to request an administrative hearing with the department of motor vehicles. Contact our office to allow us to fill out the necessary forms to request a temporary hardship permit. That one moment where you decide to put your key in the ignition could damage your reputation and career forever. Facing DUI charges in Florida is a serious matter, which requires a serious DUI Defense Attorney. While it is not illegal to drink alcohol and drive, it is illegal to drive Òunder the influenceÓ or "while intoxicated" when your ability to operate a car has been affected by alcohol or drugs, such as when you can no longer judge distances or react to emergencies while driving. With regards to drinking and driving, the legal limit is currently set at a 0.08% alcohol to blood ratio. DUI is a criminal traffic offense, the penalties for which are more and more severe each time there is a conviction. For example, a first-time DUI conviction doesnÕt require jail time as part of the sentence. But a second-time DUI conviction within five (5) years of the first requires a minimum of ten (10) days jail. You should also know that DUI can be charged as a felony under certain circumstances. And, if arrested for DUI, your Florida Drivers' License can be suspended by the Florida Department of Motor Vehicles. A dropped or dismissed Driving Under the Influence, (DUI), charge can sometimes hinge on one important detail. A qualified Lakeland DUI Defense Attorney - Lawyer at Gail Cheatwood will perform thorough investigations to find answers to these and other important questions: # Were the blood or breath test results accurate? # Were the breath test results compromised in any way? # Were field sobriety tests performed according to protocol? # Did the arresting officer have probable cause to pull over the vehicle? # Did the arresting officer report all details accurately? # Was the defendant exhibiting impaired driving? # Were the defendantÕs constitutional rights violated?
  12. Martinez & Spivak: When you've been charged with a crime, your freedom is at risk! Felonies, misdemeanors, DUI (driving under the influence), drug charges, weapons charges, assault and battery, and other crimes are serious offenses. You need a criminal defense lawyer who will stand up for your rights and defend you to the fullest extent. Your defense attorney should have experience, wisdom, and determination.
  13. Kaylor Law Group: DUI Drivers License Suspensions in Florida As a result of your DUI arrest, your Driver License is subject to two separate suspensions and it is important that you know the difference between each type of suspension. :: The first is known as an Administrative Suspension. :: The second is known as a Criminal Suspension. Most importantly, it is imperative that you are aware of Florida's Ten Day Rule regarding your right to fight the Administrative Suspension. Administrative Suspension The first Driver License suspension you are subject to is known as an Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either 1. Refused to submit to a breath, urine or blood test, or 2. Submitted to a breath, urine or blood test and your blood alcohol level was found to be .08 or higher. If you refused to submit to a BAC/BAL test, or if your BAC/BAL was over .08 your Driver License will be suspended for either 6 months, 1 year, or 18 months from the date of your arrest. If your license is suspended for either reason, you will be issued a temporary driving permit that expires at midnight on the 10th day following the date of your arrest. :: DUI Penalties in Florida Why is it important to know the penalties for DUI? So that you know why you must fight the DUI charge. If you don't fight the DUI charge, you will lose your drivers license privilege, be placed on probation, perform 50 hours of community service, pay a substantial fine, have an ignition interlock device placed on your vehicle, have a permanent criminal record, be subject to increased insurance premiums, and be adjudicated guilty. DUI Penalties Criminal DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. In addition to the criminal penalties for driving under the influence, you are also subject to administrative penalties by the Department of Highway Safety and Motor Vehicles, and to financial and personal collateral consequences. Below are DUI penalty charts for the most common DUI offenses. :: First DUI :: Second DUI Within Five Years of First Conviction :: Second DUI Outside of Five Years of First Conviction :: Third DUI Within Ten Years of First Conviction :: Fourth DUI Charged as a Misdemeanor :: Fourth DUI Charged as a Felony The following information may not contain all possible penalties for DUI offenses. Furthermore, given the frequent legislative changes concerning DUI law, visitors are urged not to rely solely on these charts. The specific and most current DUI penalties may be found in Section 316.193, Florida Statutes. You should contact The Kaylor Law Group concerning your particular case. ...back ...back Florida's Ten Day Rule You only have 10 days from the date of your arrest to request a formal review hearing with the Department of Motor Vehicles to contest the Administrative License Suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for either 6 months, 1 year, or 18 months depending on the circumstances. It is important to contact us within the 10-day period. If a formal review hearing is requested within the mandatory 10 days of your arrest, you will be issued a temporary license that is good until seven days after the hearing. The hearing will be set approximately 30 days after your arrest. At midnight of the 7th day after the hearing, however, until we either receive notice that we won, or if the suspension is upheld, your license is suspended. Otherwise, you only have 10 days to drive after you are arrested using your citation as a driving permit. Obtaining a Hardship Driver License If The Kaylor Law Group is unable to successfully challenge the administrative suspension, you may still be eligible for a hardship license. To be eligible for a hardship license you must: (1) enroll in a DUI School, (2) serve the first 90 days of your one year of the administrative suspension, and (3) provide proof of enrollment in a DUI school to your local DHSMV Administrative Review Office. The review office will then process your hardship license application. If the review office gives you approval to reinstate your license early for hardship purposes, you must then present this approval to your local driver license office. Finally, you must complete the DUI school within 90 days of being given the hardship license. Failure to complete the DUI school will result in cancellation of your hardship license until the DUI school is completed. At the time of your license reinstatement you must take the required examination, and pay a $115 administrative fee and a $35 reinstatement fee and any license fee required. Additionally, proof of liability insurance on the arrest date, proof of current liability coverage, and a $15 reinstatement fee will be required. Criminal Suspension As previously mentioned, there are two suspensions involved with a DUI charge, the administrative suspension and the Criminal Suspension. Unfortunately, if you are eventually convicted of DUI, another mandatory 6 or 12 month suspension begins on the date of conviction and the judge will suspend your hardship license. Therefore, if there is a strong possibility of a DUI conviction, it may not be worthwhile get your hardship license until the Criminal Suspension has been imposed. Otherwise, you would then have to pay another $60 to reinstate your hardship license. However, you would not be required to re-enroll in the DUI school. Nevertheless, if you eventually beat the DUI, your license will not be suspended a second time and you will only have to complete the administrative suspension. Criminal Suspension Periods Depending on the degree of DUI you are charged with, the following criminal suspension periods would be imposed if eventually convicted. After that are the eligibility requirements for a hardship license if your were to experience a Criminal Suspension. 1. First Conviction: Minimum 180 days revocation, maximum 1 year. 2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as ÒAÓ above. 3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as ÒAÓ above; one conviction more than 10 years prior and one within 5 years, same as ÒBÓ above. 4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. 5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. 6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as ÒB-DÓ above. Eligibility for Hardship License Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension. :: First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of .20 or higher, effective 07/03. :: Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03. :: Second Conviction Within 5 Years: (5 Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. :: Third Conviction Within 10 Years: (10 Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years, effective 07/03. :: DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met: (1) Has not been arrested for a drug-related offense for at least 5 years prior to the hearing; (2) Has not driven a motor vehicle without a license for at least 5 years prior to the hearing; (3) Has been alcohol and drug-free for at least 5 years prior to the hearing; and (4) Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). :: Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course. First Offense DUI Penalties Minimum Penalty Maximum Penalty Fine * $250 $500 * If BAC >= .02; Or a minor was in vehicle $500 $1000 Probation One Day Six Months * if BAC >= .02; Or a minor was in vehicle Day of Arrest Nine Months License Suspension 180 Days One Year Impoundment Mandatory Ten Day Period Ignition Interlock Device None Six Months Other Penalties 50 hours of community service. Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Additionally, local custom requires completion of a Victims Awareness Class. Second Offense Within Five Years of First DUI Conviction Minimum Penalty Maximum Penalty Fine * $500 $1000 * If BAC >= .02; Or a minor was in vehicle $1000 $2000 Probation One Day One Year Jail Time * Ten Days Nine Months * if BAC >= .02; Or a minor was in vehicle Ten Days Twelve Months License Suspension Five Years Impoundment Ten Days; 30 Days if Second DUI Within Three Years Ignition Interlock Device For a Minimum of One Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Second Offense More Than Five Years From First Conviction Minimum Penalty Maximum Penalty Fine * $500 $1000 * If BAC >= .02; Or a minor was in vehicle $1000 $2000 Probation One Day One Year Jail Time * Day of Arrest Nine Months * if BAC >= .02; Or a minor was in vehicle Day of Arrest Twelve Months License Suspension 180 Days One Year Impoundment Mandatory Ten Day Period Ignition Interlock Device For a Minimum of One Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Third DUI Within Ten Years of First Conviction Minimum Penalty Maximum Penalty Fine * $1000 $2500 * If BAC >= .02; Or a minor was in vehicle $2000 $5000 Probation One Day One Year Jail Time * 30 Days Twelve Months * if BAC >= .02; Or a minor was in vehicle 30 Days Twelve Months License Suspension Ten Years Impoundment Ten Days or 90 Days if Yhird DUI Within 5 Years Ignition Interlock Device For a Minimum of Two Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Fourth DUI Charged as a Misdemeanor Minimum Penalty Maximum Penalty Fine * $1000 $2500 * If BAC >= .02; Or a minor was in vehicle $2000 $5000 Probation One Day One Year Jail Time * Day of Arrest Twelve Months * if BAC >= .02; Or a minor was in vehicle Day of Arrest Twelve Months License Suspension Permanent Revocation Impoundment Mandatory Ten Day Period Ignition Interlock Device For a Minimum of Two Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Fourth DUI Charged as a Felony Minimum Penalty Maximum Penalty Fine * $1000 $5000 * If BAC >= .02; Or a minor was in vehicle $1000 $5000 Probation One Day Five Years Jail Time * Day of Arrest Five Years * if BAC >= .02; Or a minor was in vehicle Day of Arrest Five Years License Suspension Permanent Revocation Impoundment Mandatory Ten Day Period Ignition Interlock Device For a Minimum of Two Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. :: Defending a DUI in Florida Law enforcement officers ("LEOS") are notorious for stopping a vehicle on a "hunch" that the driver has been drinking. Once stopped, the tools used by LEOS to evaluate a driver's possible impairment are crude and inaccurate. Many LEOS making DUI arrests have limited or no experience in evaluating the effects of alcohol on the body. In turn the machines relied upon by LEOS to test your breath, blood, or urine for alcohol are subject to error. Additionally, these machines are tightly regulated and often are not properly maintained. Before a trial is ever held, a DUI can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out by the State. The primary areas for challenging a DUI are: :: The Stop :: Field Sobriety Tests :: The Breathalyzer (Blood Alcohol Measurement Tests) :: Your Statements So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury. If we challenge one link in the State's case that results in evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In DUI defense, winning one battle can result in winning the war! Challenging The Stop The law is very clear that a law enforcement officer may only stop you for one of two reasons: (1) If the LEO has a reasonable suspicion that your are committing a traffic infraction, or (2) if the LEO has probable cause that you are committing a crime. However, many times it can be shown that the officer was mistaken in his reason for stopping you. If this is proven, all of the evidence in your case will be thrown out and the State will be forced to dismiss your case. A rather simple example would be if an officer stopped you for an expired license plate and subsequently arrested you for being under the influence. If we can prove that your motor vehicle license was not expired and that the officer was therefore mistaken, the Judge will find that the officer made an illegal stop and throw out all of the evidence against you. Challenging Field Sobriety Test In most DUI cases, law enforcement will administer Field Sobriety Tests to determine if you should be arrested. The officer's interpretation of these tests can be challenged or suppressed based on many factors. Does the officer know what your true balance and coordination is? Do you have any physical disabilities like a bad back or bad knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making them unreliable and inadmissible. Is the officer qualified to perform the specific Field Sobriety Test? Some Field Sobriety tests, such as the HGN test (eyes following pen test), may only be performed and testified abut by certified alcohol recognition experts. Other tests, such as the reverse alphabet test are not deemed reliable by the courts. Beating the Breathalyzer As previously mentioned, the machines used by law enforcement are tightly regulated and subject to strict maintenance requirements to be deemed reliable. Additionally, the testing itself must be done in a very specific manner. The failure to either properly maintain the machines, or to conduct the tests in accordance with the standard testing procedures, can result in the breath test being thrown out altogether, no matter how high your test came back. Did the officer observe you for a period of 20 minutes prior to taking the breath test? Did the officer tell you to "keep blowing" during the breath test? Did the officer calibrate the machine properly prior to beginning testing? Did the officer read you Florida's Implied Consent Law or did the officer incorrectly state the implied consent law to you? The failure of an officer to do any of these simple steps, or possibly other steps not mentioned, may result in the breath test results being thrown out. Throwing Your Statements Out One of the most well known Miranda Warnings states: ÒAnything you say can be used against you in a court of law.Ó However, contrary to popular belief, an officer does not have to immediately read you your rights when stopping you for a traffic infraction. Upon initially being stopped, an officer is free to ask you common questions such as where are you coming from, where are you going, have you had anything to drink. Therefore it is important you watch what you say, especially if you have been drinking. Nevertheless, if you do say something incriminating to law enforcement, The Kaylor Law Group may still be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or because the statements were made under Florida's accident report privilege. Both of these areas are discussed below. Your Right to Remain Silent An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney. A common problem that arises in DUI arrests is when it is clear that you are no longer free to leave, the officer never reads you your rights, and continues to question you about your activities prior to being stopped. This practice is illegal and any incriminating statements gained by an officer during this time can be thrown out by a judge. Florida's Accident Report Privilege Many times, persons involved in an automobile accident are later accused of DUI. And in Florida, persons involved in an automobile accident are required by law to report the accident to authorities, raising the possibility that a person suspected of DUI may make incriminating statements to law enforcement regarding the accident. Fortunately, Florida law prohibits most statements given to law enforcement by drivers, owners, or occupants regarding an automobile accident from being used in a later civil or criminal trial. This is known as Florida's Accident Report Privilege and the purpose of the privilege is to encourage witnesses to cooperate with law enforcement in the investigation of automobile accidents. However, the Accident Report Privilege is not absolute and there is one major exception. If a law enforcement officer suspects that you are were driving under the influence, or committed another crime related to the crash, he may "switch hats" and inform you that he is no longer conducting a crash or accident investigation and that he is now beginning a criminal investigation related to the accident. To continue questioning you, the officer must then read you your rights if he wishes to continue. At this point you should decline to answer anymore questions and request a lawyer. Many times the officer fails to state that he is "switching hats" and read you your rights. If an officer fails to properly "switch hats" or to read you your rights, any statements you make to the officer may be suppressed as being privileged under Florida's Accident Report Privilege. Be Careful with Spontaneous Statements The biggest exception to your right to remain silent and the Accident Report Privilege occurs when you make a spontaneous statements. A spontaneous statement is one that is volunteered without being asked a question. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct or the accident report privilege.
  14. Averbuck, Phillip: In criminal cases, your precious freedom is at stake, so whether you choose to retain us or someone else, you need to have an experienced attorney representing you in court.
  15. Scott Spivack: Of all of the field sobriety tests used by police officers to determine a driver's level of intoxication in DUI arrests, the Horizontal Gaze Nystagmus (HGN) test is the most popular among law enforcement officers for effectively determining evidence of a driver's blood-alcohol concentration (BAC). HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.


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