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Stuart DUI Lawyers

1. Kaplow, David: If you've been arrested for driving under the influence of drugs or alcohol, you are probably concerned about the possibility of both doing jail time and losing your driver's license. You also may not be sure what to do next. We are here to help you through this difficult situation. A DUI (driving under the influence) is a criminal act which involves an individual operating an automobile, motorcycle, truck, or other forms of transportation while under the influence of alcohol, illegal drugs, controlled substances, or any other substance which may impair your ability to safely operate a vehicle. An individual may be arrested for a DUI offense even if they are not driving their vehicle. Simply sitting in the vehicle with the keys in the car may result in a DUI arrest. Additionally, driving under the influence charges are not relegated to just motor vehicles; as you may be arrested for a DUI while on a bicycle, moped, golf cart, or while operating any other form of transportation. While it may seem excessive, law enforcement and prosecutors tend to strictly enforce the laws regarding drinking and driving, and being under the influence of any substance which has the potential to cause property damage, injuries, or death.
2. Ferraro Law Group: DUI & DWI Law
3. Johnson, Karen: Family Law Pre-Nuptial Agreements Divorce & Separation Marital Settlement Agreements Time Sharing Parenting Plans Child Custody & Visitation Child Support Stepparent Adoptions Modification Proceedings Mediation Appeals Post Nuptial Agreements Paternity Juvenile Proceedings Criminal Law including Misdemeanors and Felonies
4. Van Riper & Nies: Early and aggressive representation is critical to any case.
5. Colter, Krauza & Berger: DUIÑDRIVING UNDER THE INFLUENCE Help when you are arrested for DUI in Florida Drinking alcohol or taking drugs may affect your attention, judgment, and motor skills needed to operate cars, boats, or industrial equipment in a safe manner. Driving Under the InfluenceÑDUIÑis extremely unsafe for you, your passengers, other drivers, and pedestrians. That is why it is a serious legal offense and makes you liable for heavy punishment and penalties: Suspension of driving privileges Points on your driver's license Large fines Dramatic increases in your automobile insurance premiums Personal injury claims if you hit someone with your vehicle or otherwise caused an accident with injuries Potential felony charges, including manslaughter or murder Jail time If you are charged with DUI, you are in very serious trouble. You need a knowledgeable attorney to help you defend yourself. Determining that a driver is drunk Driving with a Blood Alcohol ContentÑBACÑof .08 or above is illegal in Florida, as it is in all other states. If the police suspect that you are drunk, they can require you to take a breathalyzer test to measure your blood alcohol content. Refusal to take a test may result in an automatic suspension of your license for a long period of time. Even if your blood alcohol test result is lower than the statutory amount or the test is not conducted, a jury may still convict you based on evidence that your breath, conduct, language, and motor movements showed that you were drunk and unable to drive safely. Your rights when accused of DUI You have the right to examine all evidence the government plans to use against you, includingÑ Video footage Arrest affidavits Breathalyzer results Breath machine maintenance records Witness statements Police reports DUI cases may be won or charges reduced with the help of an experienced, local attorney like Tom Colter. A lawyer can also assist you in obtaining a hardship drivers license if you meet certain time restrictions and other conditions.
6. Van Ripper & Gorman: If you have been arrested for DUI (driving under the influence), you will need a DUI defense lawyer, with experience, who will aggressively fight to defend your rights and protect your freedom. A DUI is also a very serious criminal offense that can result in a number of severe penalties, including jail time, community service, fines, driverÕs license suspension, probation, and others. If you or someone you know has been arrested for driving under the influence of alcohol or drugs, or refusal to take a breathalyzer test, contact our attorneys as soon as possible.
7. Anastasio, John: 5 Big LIES About DUI's Many people, attorneys and judges included, have a completely wrong attitude towards a Florida DUI charge. They are trapped by believing many common LIES about a Florida DUI. Such LIES can lead to malpractice by the attorney and to dire consequences for the client who suffers due to the lawyerÕs lack of knowledge. The LIES surrounding DUI are: 1st LIE: A DUI is a "Simple" charge Let me ask: D you think it is "simple" to loose your job? Is it "simple" to be unable to drive? Is it "simple" to be able to travel to other countries? Is it "simple" to be unable to rent an apartment? Is it "simple" to be banned for life from having a Commercial driverÕs license? Is it "simple" to go to jail? Is a damaged credit rating "simple"? Is it "simple" for your insurance to increase by thousands of dollars for yeas to come? This is just the start of some of the hidden costs of a DUI. This is a charge that keeps on giving-it follows you for years, possibly even lifetime. There is nothing "simple" about these types of penalties you can suffer form a "simple"Õ DUI. Regretfully, far to many untrained attorneys think of a DUI as simple and advise their clients to quickly enter a plea. A trained, competent DUI Lawyer can help you understand the dangers you face and protect you from this harm. 2nd LIE: A DUI case is the same as any other Criminal Case If the consequences were not so serious, this LIE would be humorous. Recently a judge said ÔA DUI case is one of the most difficult cases to try, more difficult than most murder cases.Ó In many areas, the courts handle DUI cases differently from other offenses. For example, in a murder case, the defense lawyer will order an independent analysis of ballistics tests, blood splatter patterns, fingerprints, and other physical evidence. This is not true in drunk driving cases. Florida law does not require an officer taking a breath test to capture some of the breath so it can be analyzed independently at a later date, even though the machines can seal samples at a minimal cost. The U.S. Supreme Court has said that it is perfectly acceptable that such critical evidence is destroyed. In the judicial system DUIs are special. Special? Yes, different rules apply to a DUI case. In a run of the mill criminal case-murder, drugs, etc. In those cases you would be allowed to view and test the evidence against you. If blood were involved you could have it tested also. In most DUIs the evidence consist of a breath test which produces a number printed on a piece of paper. In Florida your breath is not saved for additional testing. Attorneys who are not heavily trained in DUI defense or even more disturbing, the ones who just want to earn a quick buck, do not know how to protect their clients. 3rd LIE: If you were arrested, you must be guilty You certainly donÕt what an attorney representing you who starts off thinking you are guilty. An attorney should believe in his client and devote himself to defending his client. This is perhaps the most troubling LIE because so many attorneys and individuals believe it. Since this mindset can eliminate objectivity, an attorney who believes this has no business representing a person accused of drunk driving. The evidence in most drunk driving cases is a breath test, not a blood test. A skillful attorney can be successful in exposing the problems with such a test. Because of their lack of sophistication, most scientists would not trust the results of a breath test machine as a basis for research or investigation. Both the accuracy and reliability of these machines are subject to challenge. The breath machine is just thatÑthe low bid machine purchase in a government contract. There are a number of ways to attack a machine test. This is not a scientific instrument yet the state wants to treat it as such. There are reliability, accuracy, administration and training errors, just to name a few. It takes extensive training and study by an attorney to challenge this test. Attempting to defend a DUI case without this training and knowledge could expose the attorney to a malpractice charge and leave you to suffer the consequences. 4th LIE: You can't win a Florida DUI case. Have we have allowed ourselves to be brainwashed into believing this lie? It is outrageous to think that a person would actually pay a lawyer who believes this lie. This is perhaps the most troubling LIE because so many attorneys and individuals believe it. Since this mindset can eliminate objectivity, an attorney who believes this has no business representing a person accused of drunk driving. An experienced DUI lawyer will start preparing for trial from the very first meeting. He will investigate and subpoena every piece of evidence available. The lawyer will often fight extensively through motions and other procedural maneuvers. The client should not automatically be advised to plead guilty because an attorney who is not properly trained believes that these cases are difficult or impossible to win. The breath machine is just thatÑthe low bid machine purchase in a government contract. There are a number of ways to attack a machine test. This is not a scientific instrument yet the state wants to treat it as such. There are reliability, accuracy, administration and training errors, just to name a few. Many lawyers will push a guilty plea without having done any investigation of the case. Possibly the client told the attorney he could not afford to fight the case. This is common, but did the attorney tell the client the hidden and long-term cost of a conviction and did the attorney explain the defense to the charge so the client could make an informed, intelligent decision? Many times the client will realize the long-term cost of accepting a quick guilty plea is greater that the cost of fightingÑthat is if the options are fully explained by a competent attorney. 5th LIE: DUI is a Minor Offense The stigma of a conviction can cause tremendous stress and fear. Many drivers whose licenses are suspended continue driving to keep a job and provide for their families. By doing so, they live in fear of being stopped, caught, and jailed for driving with a suspended license. Most of those convicted also suffer financially and socially. In most states, a DUI conviction is permanently on a driving record. Only those justly convicted should have to endure these emotional, financial, and psychological hardships. This is perhaps the most troubling LIE because so many attorneys and individuals believe it. Since this mindset can eliminate objectivity, an attorney who believes this has no business representing a person accused of drunk driving. It is not a crime to have a drink and drive. Convictions for drunk driving should only occur when a person's blood alcohol level exceeds the arbitrary numerical standard set by the state, or when it is proven that a personÕs bad driving is connected to an impaired state due to a high blood alcohol level. The breath machine is just thatÑthe low bid machine purchase in a government contract. There are a number of ways to attack a machine test. This is not a scientific instrument yet the state wants to treat it as such. There are reliability, accuracy, administration and training errors, just to name a few. Attorneys who improperly advise a client to plead guilty may be committing malpractice and open themselves to litigation for ineffective assistance of counsel. Usually, a client does not know if they have been properly represented or if the state's case was valid and based on a legal stop. A qualified DUI attorney is needed to investigate the case thoroughly and recommend the best alternative. You have a right to inquire about the training your potential attorney has received. You should be sure that the lawyer has spent substantial time training specifically in the field of DUI.
8. Brandt & Feinberg: DUI DWI FAQ 1. Is DUI a crime? Yes, in Florida DUI is a criminal offense. DUI can be charged as either a misdemeanor or a felony. DUI may be a felony offense if there is 3 or more prior DUI convictions within 10 years or if the DUI arrest involved death or serious bodily injury. 2. But I wasn't evening driving when the police officer arrested me ... DUI can be charged if a person is either driving a vehicle (including a bicycle) or is in actual physical control of the vehicle while impaired. Sitting or sleeping in a car while impaired may result in an arrest for DUI. 3. I was only taking my medication, I wasn't even drinking. Certain legal prescription medications can give rise to a DUI charge. Illicit drugs such as marijuana or cocaine also may be grounds for a DUI arrest. 4. Do I have to submit to roadside tests? No. Refusal to submit to roadside tests can increase the chances that the charge can be reduced or even dropped, however, your refusal typically will result in an arrest and charge of DUI. 5. Must I submit to a breath, blood or urine test? Law enforcement officers must offer a breath test in all DUI cases unless the person is seriously injured. If the injury requires a hospital visit the police will request a blood test. If the arrested person submits to the breath test then a blood test can be requested by the defendant at his own expense. The law enforcement officer will require two samples. A third sample can be requested if there is a large disparity between the first two samples. Refusal to submit to a breath test will cause a suspension of your drivers license for one-year. A second refusal may result in an additional criminal charge that could result in a one year jail sentence. Blood tests are mandatory in all accidents involving serious injury or death. Blood tests may be demanded by the defendant in all cases where a breath test has been completed. Urine tests can be requested by the police in all cases where the breath test results in a non-impaired reading (under .08) or if the officer believes a controlled substance (either legal or illicit) has caused impairment. Refusal to give a urine sample will result in at least a one-year driver's license suspension. 6. Do I have a right to an attorney before submitting to the tests? No, however, you can demand an attorney prior to answering any questions. Law enforcement officers must stop the questioning once you exercise your right to legal counsel. 7. Will my driver's license be suspended? Maybe. The law enforcement office will take your driver's license from your possession. You will be issued a citation which will serve as your temporary license for the next 10 days. Within the 10 day period you may demand an administrative hearing which will extend the time permitted to drive. It is best to hire counsel within the 10 period to allow them to make the demand and to represent you at the hearing. 8. Will the Court suspend my license? Yes. 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. 9. If I am sentenced what should I expect? The Florida legislature has set by law a mandatory minimum sentence that can be imposed upon sentencing. The Court can increase the sentence but may not sentence below the law. FIRST DUI OFFENSE: A person convicted of a first DUI offense can be sentenced to: * By a fine of not less than $500 or more than $1000 for a first conviction. * By imprisonment for not more than 6 months for a first conviction. All persons convicted must complete 50 hours of community service, pay court costs, submit to a drivers license suspension and a 10 day vehicle impound. If the breath test results in a reading of over .20 then the maximum jail period increases to 9 months and the fine level must be between $500.00 and $1000.00. In addition there is mandatory ignition interlock that remains in place for 6 months. SECOND DUI OFFENSE: A person convicted of a second DUI Offense may be sentenced to: * Not more than 9 months in jail for a second conviction. * Not less than $1,000 or more than $2,000 for a second conviction; and All persons convicted must complete community service, pay court costs, submit to a drivers license suspension and a vehicle impound. If the breath test results in a reading of over .20 then the maximum jail period increases to 12 months and the fine level must be between $1000.00 and $2000.00. In addition there is mandatory ignition interlock that remains in place for 12 months. If the conviction for DUI is within 5 years of the first conviction than there is a 5 year mandatory drivers license suspension and a mandatory minimum of a 10 day jail sentence. THIRD DUI OFFENSE: A person convicted of a third DUI may be sentenced to: * FELONY: Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable by a maximum of 5 years in prison or as provided under statute. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person's sole expense, of an ignition interlock device. * MISDEMEANOR: Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device.All persons convicted must complete community service, pay court costs, submit to a drivers license suspension and a vehicle impound. FOURTH DUI OFFENSE: A person convicted of a fourth DUI may be sentenced to: * Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a commits a felony of the third degree, punishable by a maximum of 5 years in prison or as provided under statute. * The minimum fine imposed for a fourth or subsequent violation may be not less than $2.500.
9. Gitlen, Richard: I got arrested for a DUI. Can I get out of it? If you are arrested for a DUI, you should always contact an attoney. Even if you think you are guilty, sometimes an attorney can find ways to have the charges reduced or altogether dismissed. In Florida, a first offence for a 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.
10. Watson & Steele: When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.
11. Golden, David: Most people charged with DUI have never been in trouble with the law before. Don't let one mistake ruin your life. A DUI arrest in Martin County, Saint Lucie County, Okeechobee County, or Indian River County, can be a traumatic, stressful, and overwhelming experience.
12. 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 individualÕs mental or motor skills. In the state of Florida, a driver will be considered ÒimpairedÓ 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 Òinadmissible,Ó 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 Òthe accident report privilege.Ó 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 Òmandatory minimumÓ 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 Òmandatory minimum,Ó the courts on the Treasure Coast typically impose a jail sentence. Do I need an attorney if I am guilty? ABSOLUTELY. ÒGuiltÓ 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 Òdamage controlÓ to make sure that you get the least punishment possible.
13. Bruce Baillie: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
14. 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.
15. 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.
16. 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.
17. Gufford Law Firm: 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.
18. Hess & Heathcock: 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.