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Sarasota DUI Lawyers

1. Hartery Law: DUI & CRIMINAL TRAFFIC Driving Under the Influence is one of the most technical and litigious crimes prosecuted in Florida. It is one with severe, lifelong consequences that can enhance the next offense significantly and presently present serious penalties, including large fines, jail, loss of driving privileges, rehabilitative classes, victim impact panel, increased insurance rates and other concerns A person charged with DUI is obviously concerned about whether you will go to jail, be able to drive, pay the penalties, endure the probation, and whether you have any defenses to your charge or mitigation of the impact on your life Each case must be evaluated individually for legal and factual defenses, as there are many available if your lawyer understands the nuances of the state having to prove the charge and how to deal with potential consequences. Only then can your lawyer give you informed advice on how to proceed and determine the appropriate reasonable fee, according to your personal priorities. Even a first offense DUI carries significant mandatory fines, potentential jail, mandatory license suspensions, mandatory rehabilitative measures and will remain on your record forever, so that it can be used to enhance Your next charge. Subsequent offenses carry mandatory jail sentences that are often increased in the discretion of the prosecutor and very serious consequences of license suspension (5 years for second offense, in years for third offense and lifetime revocation fora 4th offense or manslaughter).
2. Miller Law Firm: Law enforcement has the right to pull over to the side of the road any driver suspected of driving under the influence. Officers can request the driver perform certain sobriety and breathalyzer tests. A refusal can result in an automatic one-year driver's license suspension. A sobriety test consists of simple mental and physical tasks that the driver must perform. If the officers believe the driver is unable to pass the sobriety test then a breathalyzer test may be the next action. A driver with a blood alcohol measure of 0.08% or higher is deemed to be legally drunk, and too impaired to operate a motor vehicle in a safe manner. An individual charged with a DUI should contact a Sarasota criminal defense lawyer for legal assistance and guidance as to the correct steps to take following a serious DUI criminal charge.
3. Tobago, Abel: Here are some of the most common issues relating to DUIÕs: If requested, you have the right to either take or refuse a test of your blood, breath or urine, however either choice will affect your driverÕs license. Under Florida law, you are deemed to have consented to take such tests when requested in return for the privilege extended to you to operate a vehicle in this State. Should you refuse to take a test when requested however, Florida law permits the Department of Highway Safety and Motor Vehicles (DHSMV) to immediately suspend your driverÕs license for a period of one (1) year for a first refusal or a period of eighteen (18) months for a second or subsequent refusal. Your decision to refuse a test is also admissible against you in Court. Should you choose to take the test and have a reading of .08% or more, your license will immediately be seized by the officer and you will be issued a traffic ticket, which also acts as a ten (10) day temporary license, and your license will be suspended at the end of that 10 day period. All DUI convictions carry a driverÕs license suspension, however you may be eligible for a hardship or business purpose license through the DHSMV under some circumstances. Incarceration. Incarceration is not mandatory for a first offense, however, under some circumstances, it may be possible. However, for a second conviction within five (5) years of a prior conviction, incarceration for a minimum term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, incarceration for a minimum of thirty (30) days is required. Again, the circumstances of each case, and how they are handled by your attorney, are crucial as to the amount of incarceration, if any, you may have to serve. Other penalties. You can expect additional penalties from the court or the Department as a result of an arrest for an alcohol related driving offense. They may include fines, alcohol and/or drug classes, probation, suspended sentences, community service, and other requirements. Again, each circumstance may differ, and the choice of an attorney familiar with the process may prove to be a crucial element in the severity of the penalties imposed upon you.
4. Reisinger, Eric: Mistakes happen, and though DUI charges may be common, they are serious. You do not have to face potential jail time or a suspended license alone
5. Burzynski & Young: Each drunk driving or drunk boating case is unique.
6. Pullman, Craig: Computer Crimes Domestic Violence Bond Reductions Violations of Probation Theft Cases Racketeering Robbery and Murder Felonies Misdemeanors Drug Offenses -Possession - Trafficking DUI/Traffic Sex Offenses - Capital Cases - Child Abuse - Lewd and Lascivious
7. Sardelis & Bowles: Criminal Defense Criminal defense law is the field of law that involves defending those clients accused of criminal breaches. There are two main branches of law: civil and criminal. Criminal law is the field of law in which the government prosecutes a defendant for breaching common law or legislative rules. Criminal defense law involves defending those clients. Criminal defense law is distinct from civil defense law. In civil law, individual parties sue each other, and the penalties are usually monetary. These actions are often called torts. When an individual party sues another individual person, the defendant in the case cannot be subject to jail time and the standards of proof are less stringent than in criminal law. Criminal Defense laws are some of the most important in the US. Not only are they designed to ensure a fair trial for anyone charged with a crime, but they are designed to ensure that innocent people are not sentenced to punishment for a crime they did not commit. When facing penalties including steep fines, jail, or even prison time, it's extremely important to have legal counsel with experience in the criminal process.
8. Abel Tobaygo: Here are some of the most common issues relating to DUIÕs: If requested, you have the right to either take or refuse a test of your blood, breath or urine, however either choice will affect your driverÕs license. Under Florida law, you are deemed to have consented to take such tests when requested in return for the privilege extended to you to operate a vehicle in this State. Should you refuse to take a test when requested however, Florida law permits the Department of Highway Safety and Motor Vehicles (DHSMV) to immediately suspend your driverÕs license for a period of one (1) year for a first refusal or a period of eighteen (18) months for a second or subsequent refusal. Your decision to refuse a test is also admissible against you in Court. Should you choose to take the test and have a reading of .08% or more, your license will immediately be seized by the officer and you will be issued a traffic ticket, which also acts as a ten (10) day temporary license, and your license will be suspended at the end of that 10 day period. All DUI convictions carry a driverÕs license suspension, however you may be eligible for a hardship or business purpose license through the DHSMV under some circumstances. Incarceration. Incarceration is not mandatory for a first offense, however, under some circumstances, it may be possible. However, for a second conviction within five (5) years of a prior conviction, incarceration for a minimum term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, incarceration for a minimum of thirty (30) days is required. Again, the circumstances of each case, and how they are handled by your attorney, are crucial as to the amount of incarceration, if any, you may have to serve. Other penalties. You can expect additional penalties from the court or the Department as a result of an arrest for an alcohol related driving offense. They may include fines, alcohol and/or drug classes, probation, suspended sentences, community service, and other requirements. Again, each circumstance may differ, and the choice of an attorney familiar with the process may prove to be a crucial element in the severity of the penalties imposed upon you.
9. Collins Law Group: Most people charged with driving under the influence (DUI), face a misdemeanor charge. Some DUIs are felonies. If you have been charged with a DUI, most likely you have already had your driverÕs license administratively suspended for six months, a year, perhaps even longer. If so, you have ten days from the date of your arrest to contest the administrative suspension of your driverÕs license. In addition to the administrative suspension, you probably have a court date to appear in front of a judge and answer to the charge. The consequences of a DUI conviction on your record include, jail time, probation, fines, community service, suspension of your driverÕs license, impoundment of your car, and a requirement that you install the ignition interlock device on your car. In addition, your automobile insurance rates will increase, if your policy is not cancelled outright. Some people think that there are no defenses to a DUI charge. They are wrong. Even if you took a breath or blood test, you could have a complete defense to the charge.
10. McIntosh, Brett: „ Drunk Driving (D.U.I.) „ Illegal Search & Seizure „ Drug Offenses „ Sex Offenses „ Grand Theft „ Homicide „ Domestic Violence „ Assault & Battery „ Embezzlement
11. Wernicke Law: Criminal Defense: Felonies (Federal and State) Misdemeanors (Federal and State) Criminal Traffic DUI Domestic Violence Violations of Probation Fraud/Theft Sexual Charges All Drug Offenses
12. Byrd Law Firm: DUI Drug Offenses Sex Crimes Assault/Battery Theft/Burglary Domestic Violence Murder/Manslaughter Probation Violations WHAT OPTIONS MAY BE AVAILABLE? A. Immediate Interview with The Prosecutor Early intervention may determine what charges, if any, are filed against you. B. Potential Motions Filed On Your Behalf Some evidence against you may be inadmissible because of an illegal search and seizure. Additionally, statements you may have made could have been taken in violation of your rights. C. Plea Bargains Negotiate with the prosecutor and structured to avoid formal conviction when feasible, and minimize incarnation, probation and fines. D. Jury Trials
13. Haynes, Jeffrey: Once you've been arrested and charged with DUI Florida law requires the Department of Motor Vehicles 10 days to challenge you with a DHSMV suspension. Our offices can challenge the suspension during these 10 days to allow you a formal hearing on the matter. This can possibly help you to keep from losing your license.
14. Ryan, Anthony: If you have been arrested for drunk driving or DUI in Sarasota, Florida then you may need the advice of an experienced DUI attorney who routinely handles cases in Sarasota, Manatee and Charlotte Counties. Even if you believe or have been told that you are guilty because you failed the field sobriety tests, your blood or breath test was over the limit, or you refused to take a breath test, there are still defenses available that an experienced Sarasota DUI attorney may be able to exploit in your favor.
15. Mercurio, Frederick: Serious Consequences for DUI Convictions Depending on how many previous offenses you have, a DUI conviction could result in mandatory jail sentences, hefty fines and the loss of your driver's license. Even if this is your first offense, you could be facing license suspension, hefty fines, possible jail time and increased insurance premiums. In order to get your driver's license back after the initial suspension, you will need to request an administrative review hearing within 10 days of your arrest...
16. Perry, Michael: If you have been arrested for DUI, the consequences are far reaching and will likely affect your life in a variety of ways. Consequently, it is extremely important to discuss your case with a qualified lawyer who can advise you of any possible defenses you may have. The following are a few ways a lawyer may help you beat your case, regardless of whether your DUI involves alcohol, a controlled substance, or prescription medication. 1. ILLEGAL STOP OF PERSON OR VEHICLE Š A driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. 2. WEAVING INSIDE THE LANES IS NOT ILLEGAL Š Weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason unless the officer can articulate a reasonable suspicion of criminal activity (ie. driving while impaired). 3. ANONYMOUS REPORT OF DRUNK DRIVING Š A car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. 4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE Š In healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. 5. NON-STANDARDIZED FIELD TESTS ARE INVALID Š Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. 6. BREATH TESTING IS INACCURATE Š Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance in breath readings, non-specificity for ethanol, etc. 7. BOOKING ROOM VIDEOS Š Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. 8. IN-SQUAD VIDEOS Š More and more often, the suspectÕs driving and performance on field tests is being recorded; often contradicting police testimony. 9. FAILURE TO PROVIDE SPEEDY TRIAL Š If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed. 10. POLICE BLOOD TEST INACCURATE Š Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. 11. HOSPITAL BLOOD TEST INACCURATE Š Hospital blood tests must be checked to determine their accuracy.. 12. BREATH TEST OPERATOR UNLICENSED Š Florida requires a Breath Test Operator to possess a valid, unexpired operatorÕs license, or the breath test result is inadmissible. 13. BREATHALYZER MACHINE MALFUNCTIONS Š In Florida, if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspectÕs breath test, the results of the suspectÕs test may be invalid unless proper procedures are followed. 14. BREATH TEST OPERATOR LICENSE EXPIRED Š Florida requires that a Breath Test Operator must possess an unexpired operatorÕs license, or the breath test result is inadmissible. 15. BREATH TEST DEVICE NOT APPROVED Š A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible. 16. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE Š A defendantÕs admission to driving, without more, does not prove a charge of driving under the influence. 17. INDEPENDENT WITNESSES Š Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendantÕs sobriety. 18. FAILURE TO MIRANDIZE Š Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. 19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED Š According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. 20. OFFICERÕS PRIOR DISCIPLINARY RECORD Š A police officerÕs previous disciplinary record may be used to attack the officerÕs credibility. 21. FAILURE TO CONDUCT OBSERVATION PERIOD Š Florida requires that a driver be observed continuously for a minimum period of twenty minutes prior to a breath test in order for the results to be considered admissible and valid. 22. EXPERT WITNESSES Š Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. 23. MEDICAL AND HEALTH PROBLEMS Š Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. 24. BAD WEATHER Š Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. 25. LACK OF PROBABLE CAUSE TO ARREST Š A police officer must have specific and articulable facts to support any arrest for DUI, or the Florida driverÕs license suspension will be reversed and the evidence suppressed at trial. 26. ILLEGAL SEARCH Š The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driverÕs consent or probable cause. Any evidence illegally obtained is not admissible in court. 27. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Š Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officerÕs credibility. 28. POST-DRIVING ABSORPTION OF ALCOHOL Š The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher when the test is actually administered than what the true level was when the person was operating the automobile because it takes time for the body to absorb the alcohol. 29. INTERFERING SUBSTANCES Š Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid. 30. BREATH MACHINE NOT PROPERLY OPERATED Š The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. 31. FAILURES TO PRODUCE DISPATCH TAPES Š Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. These tapes should be reviewed before they are destroyed to determine any possible defenses or discrepancies in the evidence. 32. MISLEADING STATEMENTS BY POLICE OFFICERS Š Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driverÕs record. 33. STATUTES OF LIMITATIONS Š A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright. 34. PRIVATE PROPERTY Š A person who has not driven the car on a public highway cannot be suspended for drunk driving. 35. FAILURE TO DISCLOSE EXPERTS Š The failure of the prosecutor to disclose the stateÕs expert(s) will cause those witnesses to be barred from testifying against the defendant. 36. FORCED BLOOD DRAWS Š In Florida, the police may not take a blood test against the driverÕs consent where there has not been an injury involved, or the result is inadmissible.
17. Ryan, Anthony: wide range of crimes from petit theft, DUI, driving with a suspended license, domestic violence, battery and drug charges all the way up to felony trafficking in illegal narcotics, sex crimes, and violent crimes punishable by life in prison.
18. Lee, Henry: DUI - Driving Under the Influence Print E-mail A Driving Under the Influence can have devastating consequences on a person accused. You can lose your freedom, your driverÕs license and be forced to pay fines and undergo counseling. In addition, the Court can order the instillation of an inter-lock device in your car and your car insurance premiums will sky rocket. The Department of Motor Vehicles will automatically suspend your license in 10 days after the arrest if you blow over .08 or refuse the breath test, unless you apply for a hearing. You MUST apply for the hearing within 10 days of your arrest of your license will be suspended. It is important to obtain legal advice quickly if you have been arrested for DUI.
19. Switlyk Law Firm: Criminal law deals with punishments for criminal offenses. Either the State or Federal government authorities, such as the FBI, ATF, Immigration, State police, or local law enforcement officers, may file criminal charges against an individual in a broad range of crimes,. Punishment for crimes may be a jail sentence, probation, community control, or a combination of fines and other sanctions which may restrict your liberty. Crimes are categorized as misdemeanors or felonies. Misdemeanors carry penalties up to one year in jail. By definition, a felony carries a maximum sentence of more than one year and can, depending on the charge, carry up to a life sentence or even the death penalty. When you face serious criminal allegations, it is vital to your case, that you contact an attorney as soon as possible.
20. Collins Maynard & Associates: If someone has accused you of a crime, you must protect yourself. The first step is to have an experienced, aggressive attorney working at your side. Ask yourself the following questions: 1. Do you know your rights? 2. Do you know what your next step should be? 3. Did you know that a lawyer can argue on your behalf to the State even before charges are filed? 4. Did you know a lawyer can talk to witnesses, explore defenses and argue your case to a jury? 5. Did you know the Government's case against you began as soon as you were arrested?
21. Switlyk & Wernicke: Criminal law deals with punishment for criminal offenses. Either the State or Federal government authorities, such as the FBI, ATF, Immigration, State police or local law enforcement officers, may file criminal charges against an individual in a broad range of crimes when penal codes are violated. Punishment for a crime may be a jail sentence or a combination of fines and imprisonment. Crimes are categorized as misdemeanors or felonies. Misdemeanors carry penalties up to one year in jail. By definition, a felony carries a maximum sentence of more than one year and can, depending on the charge carry up to a life sentence or even the death penalty. Traffic and municipal code violations may carry fines only and are not classified as crimes. You have the right to evoke your Miranda rights, meaning you have the right to remain silent until you consult a lawyer, the moment a local or federal law enforcement official begins questioning you, or accuses you of a crime. When you face serious criminal allegations, it is vital to your case that you contact an attorney as soon as possible.
22. Marjorie Bender: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
23. Finebloom & Haenel: Driving Under the Influence can be either a misdemeanor or felony, depending on the number of prior DUI convictions or the seriousness of the offense. If you have ever been charged with a DUI, it is imperative that you retain an attorney as quickly as possible.  YOU ONLY HAVE 10 DAYS TO CHALLENGE YOUR LICENSE SUSPENSION FOLLOWING AN ARREST FOR DUI.
24. Audrey Bear: DUI is a serious offense in Florida.  The first and second convictions are misdemeanors, but the Legislature has now made a third and fourth offense a felony.  If you are arrested for a DUI, it is recommended that you consult an attorney as soon as possible. A formal review with the Department of Motor Vehicles could result in the return of your license while your case is pending.  You must request the review by following the directions on the back of your citation.  But complying with the DMV timetable is crucial.
25. Thomas Hudson: BAC over .08 is an independent offense, as is each injury or item of property damage. Under 21, BAC limit is .02. No mandatory jail on first offense.
26. James Dirmann: 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.
27. Harley Milhorn: Q: Do I need a lawyer? A: When a person is charged with a crime, the State is seeking to take away that person's liberty. If you are convicted you could be sent to prison. You could permanently lose certain rights. A criminal conviction will remain on your record for the rest of your life and may mean you are disqualified from certain types of employment or benefits in the future. Prior convictions may be used to increase the sentence for subsequent convictions. Certain misdemeanors may become felonies for repeat offenses. Q: Do I need a lawyer even if I am innocent? A: Every person accused of a crime needs an attorney. Innocent people have gone to prison, and the best way to prevent such a miscarriage of justice is to hire an experienced criminal defense attorney. Your attorney will work throughout the criminal justice process to ensure that your rights are protected. Q: If I intend to plead guilty, why do I need a lawyer? A: Even if you know you are guilty, there are still options. For example, you may be eligible for a pre-trial intervention program or make a deal with the prosecutor to plead guilty to a lesser charge (a plea bargain) in exchange for a reduced sentence. While an accused could try to negotiate, it can be very difficult to do so without extensive knowledge of Florida law and experience in the legal processes.Criminal defense attorneys know what constitutes a good result, and they also know how to protect your constitutional rights. ą ą ą ą Jury Trial Most cases do not go to trial. However, a jury trial may be the only way to achieve the resolution you want. Plea Bargains Some charges may be dismissed or reduced to a lesser offense after negotiating with the prosecuting attorneys. Plea In Absentia Sometimes a written plea can be submitted which can resolve your case without you having to appear in court. Intervention/Diversion Programs Prosecution of your case may be suspended until the prescribed program has been completed, resulting in the charges being dismissed. Withholding Adjudication A formal conviction can sometimes be avoided from appearing on your record during negotiations with prosecuting attorneys.