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Stuart DUI Lawyers

• Treasure Coast DUI Defense Group: What constitutes driving under the influence? Driving under the influence (DUI) means operating, or being in actual physical control of a motor vehicle after having consumed alcohol or drugs that impair an individual¹s mental or motor skills. In the state of Florida, a driver will be considered ³impaired² if they exhibit objective signs of intoxication, or if they have a blood alcohol content (BAC) of .08 or higher. The officer took my license but said I could drive with the yellow citation. Is this true? The yellow citation issued for your DUI does act as your license, but only for 10 days. If you are caught driving after the tenth day, or during any license suspension period, it will be treated as a new offense, "driving while license suspended," and you will face greater consequences than the original DUI. DO NOT drive beyond the 10th day unless your attorney has obtained temporary privileges for you through the Department of Highway Safety & Motor Vehicles. Take advantage of this limited time period and make sure you have contacted your Treasure Coast DUI attorney. I bonded out, now what? To maintain your ability to drive after a DUI arrest in Martin County, Port Saint Lucie County, Indian River County, or Okeechobee County, Florida, you must request an administrative hearing within ten (10) days after your license was taken by the arresting officer. As mentioned earlier, there are separate administrative consequences apart from the criminal penalties. If a driver refused to be tested and does not request an administrative review hearing within ten (10) days of arrest, their license to drive will be suspended for a minimum of one (1) year. If the test was taken, a suspension of six (6) months will occur if a hearing is not requested. This is a very confusing process, and you should contact us for a free consultation. We will take the time necessary to make sure you completely understand the process and all of your options. How long will the DUI remain on my driving record? It will remain on both the Department of Highway Safety & Motor Vehicles and Criminal Court records forever. Will my case be dismissed if I was not read my rights? Most people incorrectly believe that police officers always have to inform individuals of their Miranda rights, and if they do not, then the case has to be dismissed. There are instances when it is appropriate for law enforcement officers to not give the Miranda warnings, and statements made by an individual can be used against them. However, statements by the accused driver may be deemed ³inadmissible,² and cannot be used against the driver if it involves a situation in which the officer had to advise the driver of the Miranda warnings, or if the statements fall under what is known as ³the accident report privilege.² You owe it to yourself to have your case reviewed by an experienced DUI attorney who will analyze the facts of your case, item by item. When my license is suspended can I apply for a license in another state? No. There are, however, times where you may be eligible for a hardship license so that you may drive to work and buy necessities. Will I go to jail? Some firms try and scare people into hiring them by telling them what the statutory maximum is, and how jail is possible. Realistically, for first time DUI offenses where there is no accident or property damage, the likelihood of jail is minimal, unless you lose at trial. On a second DUI within five years, there is a ³mandatory minimum² sentence of ten days, which the court has to impose, but this could increase depending on the circumstances. On second offenses outside of five years, while there is no ³mandatory minimum,² the courts on the Treasure Coast typically impose a jail sentence. Do I need an attorney if I am guilty? ABSOLUTELY. ³Guilt² is a relative term, and the State/government still has the burden of proof to prove their case beyond, and to, the exclusion of every reasonable doubt. There are cases where, even if the driver recognizes they should not have been driving, the State may still have technical defects with their case that makes it impossible to prove their case beyond a reasonable doubt. And, even when the State appears to have a good case, you should have an aggressive, experienced DUI attorney doing ³damage control² to make sure that you get the least punishment possible.
• Bruce Baillie: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
• Sherwood Bauer: 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.
• Steven Greene: Almost all states increase a charge for driving while under the influence of alcohol or drugs (DUI) from a misdemeanor to a felony when a driver has had a certain number of prior DUI convictions. Accordingly, prosecutors in DUI cases will often search for prior DUI convictions to enhance a new charge. However, the admissibility of a prior conviction in court can depend on when and where the prior conviction occurred.
• Ferraro & Ferarro: Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings: Driving with a blood alcohol level over the state's maximum permissible blood alcohol limit. The limit for adults is either 0.08% or 0.10%. As of October 2000, the following 19 jurisdictions used the 0.08% standard to define drunken or impaired driving: Alabama, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maine, New Hampshire, New Mexico, North Carolina, Oregon, Texas, Utah, Virginia, Vermont, and Washington State. All other states used 0.10% except Massachusetts and South Carolina which do not use numerical limits. You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.
• Brandt & Gufford: If you are convicted or enter a plea bargain resulting in a DUI sentence your license will be suspended for as little as 6 months and as long a lifetime depending upon the facts and prior conviction record.
• William Hess: If the attorney does not pursue a client's administrative remedies, even if the client wins at trial, his or her driving record will indicate a DUI suspension with all the adverse consequences.