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Sarasota DUI Lawyers

1. 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.
2. 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.
3. 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...
4. 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 Ð 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 Ð 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 Ð A car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. 4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. 11. HOSPITAL BLOOD TEST INACCURATE Ð Hospital blood tests must be checked to determine their accuracy.. 12. BREATH TEST OPERATOR UNLICENSED Ð Florida requires a Breath Test Operator to possess a valid, unexpired operatorÕs license, or the breath test result is inadmissible. 13. BREATHALYZER MACHINE MALFUNCTIONS Ð 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 Ð 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 Ð 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 Ð A defendantÕs admission to driving, without more, does not prove a charge of driving under the influence. 17. INDEPENDENT WITNESSES Ð Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendantÕs sobriety. 18. FAILURE TO MIRANDIZE Ð 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 Ð According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. 20. OFFICERÕS PRIOR DISCIPLINARY RECORD Ð A police officerÕs previous disciplinary record may be used to attack the officerÕs credibility. 21. FAILURE TO CONDUCT OBSERVATION PERIOD Ð 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 Ð Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. 23. MEDICAL AND HEALTH PROBLEMS Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð 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 Ð A person who has not driven the car on a public highway cannot be suspended for drunk driving. 35. FAILURE TO DISCLOSE EXPERTS Ð 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 Ð 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.
5. 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.
6. 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.
7. 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.
8. Collins, Peter: 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?
9. 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.
10. Marjorie Bender: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
11. 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. ÊYOU ONLY HAVE 10 DAYS TO CHALLENGE YOUR LICENSE SUSPENSION FOLLOWING AN ARREST FOR DUI.
12. Audrey Bear: DUI is a serious offense in Florida.Ê The first and second convictions are misdemeanors, but the Legislature has now made a third and fourth offense a felony.Ê 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.Ê You must request the review by following the directions on the back of your citation. ÊBut complying with the DMV timetable is crucial.
13. 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.
14. 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.
15. John A. Jabro: Many people arrested for DUI reach this conclusion after reviewing the evidence the state intends to use against them. They mistakenly believe that an explanation of their activities on the night of their arrest, including what, when and where they had been drinking, will convince the police to let them go or call a cab. Instead, the arresting officer will make note the comments which will be later used in the State's prosecution. DUI & Felony "I SHOULD HAVE KEPT MY MOUTH SHUT' Many people arrested for DUI reach this conclusion after reviewing the evidence the state intends to use against them. They mistakenly believe that an explanation of their activities on the night of their arrest, including what, when and where they had been drinking, will convince the police to let them go or call a cab. Instead, the arresting officer will make note the comments which will be later used in the State's prosecution. The appellate courts in Florida have ruled that many such comments made at the roadside are not protected by our Constitutional right to remain silent. One exception to this general rule is when an accident occurs. Because motorists are compelled by statute to give information to an accident investigator, our Fifth Amendment privilege against self-incrimination requires that police receive a "knowing, voluntary, and intelligent waiver" prior to interrogation regarding a possible DUI. The most common advice from attorneys to prospective clients is, therefore, to make no statements regarding any matter nor answer any questions to any law enforcement officers -until you have spoken to your attorney. Request contact with your attorney immediately and remain silent until you have spoken to him or her.