Clemens, Charles:
The legal, medical, and scientific complexities involved in a DUI defense are staggering, while the penalties for a DUI conviction in Florida continue to rise. The truth about DUI is that a conviction carries with it life-altering repercussions. The penalties for a misdemeanor DUI are even harsher than those for many Felony convictions.
Lida, Carl:
Drunk driving is a crime in all 50 states including the District of Columbia. Depending upon the state, the name the offense is referred to varies. Some states refer to the offense as DWI, driving while intoxicated. Others use DUI, driving under the influence of an intoxicant, or OUI operating under the influence. In some states an OUI is a lesser offense for a DWI. As stated above, one needs to look to the state where they reside to determine the proper terminology.
Hobbs, Shenae:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Roshawn Banks:
DO
DO
Immediately state your refusal to speak to the police or their associates and request an attorney.
Present your driver license, registration and proof of insurance when requested.
Stay calm and request to speak with an attorney before answering any questions.
Sign any ticket only in the space provided for driver signature.
If you are under 18, tell the officer and ask for your parents to be contacted.
Ê
Ê
Ê
DON'T
DON'T
Do not make any statements or sign anything without first speaking with a qualified attorney.
Do not make any admissions of guilt.
Do not physically resist law enforcement officers.
Do not consent to a search of your vehicle or person.
OK to Drive Legally for the first ten days. See your citation.
10 days
Must file for review with Florida Department of Motor Vehicles (DMV) before 10th day or suspension will be final! DMV will issue a restricted business purpose only license that will remain in effect until decision of DMV.
Approx. 30 days
DMV Review Hearing
Result #1 – Suspension ruled unlawful - license is returned by DMV if successful at license review hearing – driving privilege restored.
Result #2 – if breath result above 0.08 and the DMV rules that the license suspension was lawful, there will be a period of 30 days of no driving with the remaining five months of the suspension with a “hardship license.”
Result #3 – if you refused the breath test or the giving of a sample of your urine and the DMV rules that the license suspension was lawful, there will be a period of 90 days of no driving with the remaining nine months of the suspension with a “hardship license.”
Court Proceedings Time Line:
Arrest
Case assigned to a Judge/awaiting for Court date.
Approx. 45 days
Approx. 2 months
Approx. every 4 weeks
"Discovery" of case is ongoing
Case Concludes
First Court date (arraignment) – entry of plea of not guilty – attorney may appear on behalf of client.
State discloses “discovery” (all evidence – video tape, police reports, etc.).
Calendar call/status conference with the Judge in Court.
Depositions/case investigation
Pre-Trial Motions to Dismiss or Exclude Evidence.
Case resolved by dismissal, reduction of charge to reckless driving, trial, or negotiated resolution with State.
How long will my case take to be resolved?
The length or life of the case is determined by who the Judge is and the complexity of the case itself. DUI cases can be resolved in a matter of months or may take two years or longer depending on a variety of facts and circumstances. Do I have to appear with my attorney in Court and at the DMV hearing? No appearance is required at the Department of Motor Vehicles hearing if an attorney represents you. Your appearance at the Court hearings will be determined by your Judge's particular rules and policies regarding this issue. Some Judges do not require that you appear if you are represented by an attorney and others will require your appearance even if you have representation.
How do I qualify for a “Hardship License?” You must be enrolled in a court approved DUI school and cannot have more than two (2) DUI convictions on your record.
Kneski & Kneski:
Practice Areas - DUI/DWI, Criminal Law, Motor Vehicle Accidents - Motor Cycle Accidents
Glantz & Glantz:
If you are arrested for a DUI, you should always contact an attorney.
Even if you think you are guilty, sometimes an attorney can find ways
to have the charge reduced or altogether dismissed. In Florida, a first
offence for DUI requires a mandatory conviction. This means it will
always be on your record. Therefore, it is important to ask an attorney
about your chances to win a DUI case before you go to Court.