Tallahasse DUI Lawyers
- Friedman & Abrahamsen:
> DUI Defense
> Sales Tax Defense
> Mischief
> Juvenile
> Assault / Assaults
> Theft
> Burglary / Burglaries
> Felony Crimes
> Violation of Probation
> Controlled Substances
> Drug Trafficking
> Cannabis Cultivation
> Narcotics Defense
> Adderall Laws
> Bar Grievances
> Sealing of Records
> DWI Arrests
> Misdemeanors
> Petty Offenses
> Student Arrests
> Battery / Batteries
> Larceny
> Robbery / Robberies
> Criminal Acts
> Drug Possession
> Intent to Distribute
> Selling Distribution
> Marijuana Weed Pot
> Cocaine Coke Speed
> Ecstasy / MDMA
> Rape
> Expungement
- Willard & Hurley:
Criminal Defense:
Driving Under the Influence (DUI)
Boating Under the Influence (BUI)
Vehicular Manslaughter
Assault/Battery
Drug Possession and Trafficking
Sex Offenses
Grand Theft/ Passing Worthless Bank Checks
RICO cases
Driving While License Suspended/ Revoked (DWLSR)
Identity Theft
Fraud
Underage Alcohol Possession
Burglary
Hazing
Violation of Probation
Record Sealing/ Expunction
Traffic Citations
Administrative Matters:
Professional/ Occupational License Defense
Denial of Professional/ Occupational License
FSU Student Conduct Code Violations
Department of Transportation (DOT) Violations
Foreclosure Matters
- Cherry, Colin: Things you need to know if you have been arrested for a DUI: Are you eligible to request a DHSMV administrative hearing to reinstate your driverÕs license? Were the field sobriety tests administered correctly? Were there any witnesses? Is the evidence against you admissible in court? Was there an illegal search or seizure? Were you read your rights? Can you avoid a criminal record? What are the strengths and weaknesses of your case? DUIÕs: The conviction for a DUI often prohibits employment in certain occupations and denial of occupational licensing. Depending upon the degree of your charge, penalties may include imprisonment, driverÕs license suspension, permanent revocation of driverÕs license, probation, UA testing, DUI classes, community service, and other penalties associated with misdemeanor or felony convictions. FSU, FAMU & TCC Students: if you have been charged with a crime while enrolled in FSU, FAMU or TCC, you could face registration holds, suspensions, and possible expulsion. Campus administrative hearings are often scheduled prior to your criminal case being resolved. This could greatly impact or delay your academic progress. Mr. Cherry can assist in preparation for administrative hearings and possibly postpone administrative hearings until your criminal case has been resolved. Record expunction or sealing: contact our office to confirm if you are eligible to have your criminal record expunged completely or sealed from the view of potential future employers.
- Brooks, LeBoeuf, Bennett, Foster & Gwartney: If you are charged with a DUI, you should know that a DUI conviction remains on your driving record for the rest of your life. A DUI conviction will not only affect your criminal record, it will also seriously affect your driving privilege, increase your insurance rates, and, in many cases, affect your employment. Everyone charged with driving under the influence should immediately consult with an attorney experienced in that area of the law to get a full description of their legal rights. The statutory minimums for a conviction of DUI are outlined in Florida Statutes, Chapter 316.193. A summary of the penalties for DUI in Florida are: DUI FIRST CONVICTION: (1) Adjudication of Guilt; (2) Fine amount not less than $500 or more than $1000; (3) Imprisonment not to exceed 6 months; (4) Ignition Interlock Device to be installed in the personÕs vehicle for 6 months if the breath sample exceeds .15 or if there was a minor in the vehicle; (5) Completion of DUI Level I School and any required counseling; (6) Probation not to exceed 12 months; (7) Minimum of 50 hours of community service; (8) Court-ordered driverÕs license suspension; (9) 10 day vehicle impound. SECOND DUI CONVICTION: (1) Adjudication of guilt; (2) Fine amount not less than $1000 or more than $2000; (3) Ignition Interlock Device to be installed in the personÕs vehicle for at least 1 year; (4) Imprisonment for a minimum of 10 days if the second conviction is within 5 years of the first; but for no more than 9 months; (5) Completion of DUI Level II School and any required counseling; (6) 30 day vehicle impound; (7) Probation not to exceed 12 months; (8) Court-ordered driverÕs license suspension. THIRD CONVICTION: (1) Possible felony conviction if the offense occurs within 10 years after a second conviction; (2) Ignition Interlock Device to be installed in the personÕs vehicle for at least 2 years; (3) Fine amount not less than $2000 or more than $5000; (4) Imprisonment for a minimum of 30 days if the offense occurs within 10 years of the second; but no more than 12 months; (5) 90 day vehicle impound; (6) Probation for at least 24 months; (7) Court-ordered driverÕs license suspension. If you are charged with a Florida DUI, you should immediately request a formal hearing to contest your license suspension with the Department of Highway Safety and Motor Vehicles. This must be done very quickly after your arrest or you may lose your right to contest your license suspension. Although DUI is usually a misdemeanor, it may become a felony upon a third or fourth conviction in Florida or if there was an accident that resulted in great bodily harm or death. Although a driver's license suspension is typical in most DUI cases, the Florida DUI defense attorneys at Brooks, LeBoeuf, Bennett, Foster, & Gwartney have challenged many driversÕ license suspensions and successfully maintained their client's driving privilege. Our DUI defense lawyers are thoroughly familiar with the rules, statutes, and regulations pertaining to DUI charges and have extensive experience in handling not only the criminal but also the administrative proceedings associated with DUI charges. If you or someone you know needs assistance with a criminal charge, DUI, drunk driving or driving with a suspended license charge, it is imperative that you contact an experienced attorney immediately. YOU HAVE TOO MUCH AT STAKE not to protect your legal rights! FLORIDA DHSMV ADMINISTRATIVE HEARINGS You should also be aware that, based upon your DUI arrest, the Department of Highway Safety and Motor Vehicles (ÒDHSMVÓ) has already taken administrative action to suspend your driving privileges. The DHSMV suspension is administrative and is not a criminal charge. Although the county court and DHSMV proceedings both arise from your arrest for DUI, they are technically separate from one another. In other words, the disposition of the DHSMV administrative proceedings will have no effect on the county court case and vice-versa. Generally, if you have been arrested for DUI, the DHSMV will automatically suspend your driverÕs license. The length of your suspension depends upon the particular circumstances surrounding your arrest. If you refused to blow into the Breathalyzer machine (the breath test), your license will be suspended for a period of one year from the date of your arrest, or eighteen months if you have refused the breath test on a previous occasion. If you took the breath test and the results of the test were .08 or higher, your license will be suspended for six months from the date of your arrest. If this is your second DUI charge and you blew over a .08 on both occasions, your license will be suspended for one year from the date of your arrest. Your DHSMV suspension may be challenged through a Formal or Informal Administrative Hearing if a hearing is requested within ten days from the date of your arrest. This right is waived unless requested within the ten-day period. The DHSMV rarely removes the suspensions due to the low level of proof required. Unlike your pending criminal case in which your guilt must be proven beyond a reasonable doubt to a jury of your peers, the DHSMV hearing officer only needs to find it was Òmore likely than notÓ that you were impaired, to sustain the suspension. HOW WILL I GET TO WORK AND/OR SCHOOL? THE FIRST 10 DAYS: Despite your suspension, you may still be able to drive for ten days after your arrest, pursuant to your Òtemporary driving permitÓ if your license is not suspended for some other reason. The police officer in your case should have given you a yellow DUI ticket which may act as your Òtemporary driving permitÓ. This permit will serve as your driverÕs license and allow you to have full driving privileges for ten days from the date of your arrest, if the ticket indicates that you are entitled to a permit. WHAT HAPPENS AFTER MY TEMPORARY PERMIT EXPIRES? This depends upon whether your breath test results were over.08, or if you refused to take the breath test. If you blew over a .08, you will not be able to drive for any purpose for thirty days after your temporary permit expires. Thus, you will have ten days of full driving privileges followed by thirty days of no driving at all. You will be eligible to apply for a hardship license immediately after the thirty-day Òno driving periodÓ ends (provided you do not have two or more prior DUI convictions). If you refused to take the breath test, you will not be able to drive for any purposes for ninety days after your temporary driving permit expires. Thus, you will have ten days of full driving privileges followed by ninety days of no driving whatsoever. You will also be eligible to apply for a hardship license immediately after the ninety day Òno driving periodÓ ends (provided you do not have two or more prior DUI convictions) or if this is your second refusal. If a formal administrative hearing has been requested and your license was valid prior to your arrest, an extended temporary driving permit will be issued to you until DHSMV has ruled on your case. This permit will allow you to drive for business, school and religious purposes only during the time period listed on the permit. If you have a commercial driverÕs license, this permit will not allow you to drive a commercial motor vehicle. Our criminal defense attorneys have extensive experience handling Administrative Hearings. If they are successful, your driving privilege will be reinstated. SUSPENSION TIME LINE .08 OR HIGHER I. If your breath test results were .08 or higher, the following timeframes apply to you: Full Driving Privileges (with Temporary Permit only) ÒNo Driving PeriodÓ Limited Driving Privileges (with Temporary Permit only) Arrest Date 10 Days Begin Suspension 30 Days 140 Days End of Suspension (4 months) II. If you refused the breath test, the following time frames apply to you: Full Driving Privileges (with Temporary Permit only) ÒNo Driving PeriodÓ Limited Driving Privileges (with Temporary Permit only) Arrest Date 10 Days Begin Suspension 90 Days 265 Days End of Suspension (8 months) Total Suspension = Twelve (12) months III. If you have 2 or more prior DUI convictions, you will not be eligible to receive any driving privileges after your temporary permit expires. If this is your second refusal to take the breath or blood test, you will not be eligible for hardship privileges after your temporary permit expires, and your total period of suspension will be 18 months instead of 12 months.
- Willard & Hurley: Criminal Defense: Driving Under the Influence (DUI) Boating Under the Influence (BUI) Vehicular Manslaughter Assault/Battery Drug Possession and Trafficking Sex Offenses Grand Theft/ Passing Worthless Bank Checks RICO cases Driving While License Suspended/ Revoked (DWLSR) Identity Theft Fraud Underage Alcohol Possession Burglary Hazing Violation of Probation Record Sealing/ Expunction Traffic Citations
- Arrowood Law Firm: Driving Under the Influence Driving under the Influence is a serious infraction with serious penalties, such as fines, license suspensions, increased insurance premiums and even jail time. Remember, when you are arrested with DUI charges, your arrest includes a cancellation of all driving privileges. Your DUI citation acts as your temporary driving permit for ONLY TEN DAYS following arrest. If you or you attorney do not request a DMV hearing within 10 calendar days, (including weekends) following your arrest you forfeit your ability to challenge any DMV administrative suspension. In order to assure the possibility of maintaining your right to drive, you must apply for a Division of Motor Vehicles hearing within 10 days of your arrest. You may be asking yourself many of the following questions: -Should I pay the other traffic ticket that I got with my DUI ticket? -What if I live out of state - must I stay in the state or do I have to come back to Florida for a court appearance? -Could the DUI affect my job? What about my insurance rates? -If a video of my field sobriety test was made, how will it be used? -May I drive now? Can I get Hardship license? -What does the breathalyzer test prove? Should I have taken the breath test or refused it? -How long will this case take? How much will it cost? What if I have a previous DUI? -What if I damaged property - or injured someone - or both? Could I go to jail? Depending on the unique circumstances of each case, there are numerous challenges that can be made to fight a DUI charge. The circumstances of each traffic stop and arrest, breathalyzer test and equipment must be carefully evaluated.
- Newman, Luke: In the State of Florida, there are many stages in the criminal process. From the initial stop through the entire process, you are entitled to certain rights. An experienced attorney can guide you through every step of the criminal process and ensure that your rights are protected. In the Tallahassee area, Luke Newman, P.A. has the experience you need to make a positive difference in your case. The criminal process begins when you are stopped or arrested. When you are stopped for questioning by the police, it is important for you to understand you are not under arrest, and that you have certain rights. You have the right not to answer any questions the police officer asks you. The officer is also not allowed to search your vehicle without your consent, unless he has probable cause. When you are placed under arrest, you are taken into police custody, and the police are obligated to inform you of your constitutional rights, which include the right to remain silent, and the right to an attorney. You should be given the opportunity to contact an attorney as soon as possible, without restrictions on the number of calls you need to make. You also have the right to be charged with a crime within a reasonable amount of time. Your attorney can ask a judge for your release if you have been held without being charged for an unreasonable period of time. The next step after being charged is booking. This involves taking your fingerprints, entering your charges into the police records, and taking and inventorying your personal belongings. At that time, you may be released with an order to appear in court for your hearing, you may be required to post bond to secure your release, or you may need to remain in police custody until a court hearing. This process varies greatly depending upon the charges against you and any previous charges or convictions. At the court hearing you will be asked to enter a plea of either ÒguiltyÓ, Ònot guiltyÓ, or Òno contestÓ. If you plead ÒguiltyÓ or Òno contestÓ, there will not be a trial. You will be either sentenced immediately, or at a future hearing. The judge will also decide if you are to remain in custody at this time, or be released until your sentencing. If you plead Ònot guiltyÓ, your case will proceed towards a trial. If you are found Ònot guiltyÓ at the end of your trial, you will be released and the criminal process will be over for you. If you are found ÒguiltyÓ you will then face sentencing. If there are grounds, you may be able to appeal a criminal conviction. There are many variables that can affect the outcome of a criminal case. A qualified criminal defense attorney is invaluable in assisting you through the criminal process, and achieving a positive outcome. If you live in the Tallahassee area and are facing criminal charges, or even if you are just being questioned, contact Luke Newman, P.A. today. Luke has the experience and knowledge you need to guide you successfully through the complex stages of the criminal process.
- Taylor & Taylor: Effective criminal defense can help a student facing penalties related to state crimes or school rule violations rescue a college career.
- Dobson, Davis & Smith: Whether you had been out socializing and decided to drive after having a few drinks, or you have never been arrested before this time, or you believe that you were driving while intoxicated and are guilty, one thing is always true: you have the right to a vigorous, qualified and skilled defense. Exercise that right.
- Friedman, Tor: > DUI > Wrongful Termination > Civil Rights Violations > Sales Tax > Mischief > Juvenile > Assault > Theft > Burglary > Felony Crimes > Violation of Probation > Controlled Substances > Drug Trafficking > Cannabis > Narcotics > Adderall > Sexual Harassment > Sealing of Records > DWI > Employment Discrimination > Gender Discrimination > Misdemeanors > Petty Offenses > Student Arrests > Battery > Larceny > Robbery > Criminal Acts
- Hathaway Law Firm: * Property crimes such as theft and burglary * White collar crimes such as embezzlement, forgery and money laundering * Computer crimes, including hacking, Internet fraud, identity theft and other crimes carried out by computer * Drug crimes such as possession, trafficking and cultivation of marijuana, meth or cocaine * Driving under the influence of drugs or alcohol (DUI/DWI) * Violent felonies such as murder or battery
- Bubsey, William: * DUI (drunk driving) * Grand jury proceedings * Military crimes * Drug trafficking * Drug sales * Drug distribution * Juvenile crimes * Death penalty cases * Sex crimes * White collar crimes * Traffic offenses * All types of fraud * Expungements and Sealing Actions * Pardons * Criminal Appeals and Postconviction Relief
- Daley Law Office: Pre-Sentencing Alcohol Evaluations in DUI/DWI Cases Most state laws governing driving under the influence (DUI) and/or driving while intoxicated (DWI) mandate that offenders receive intervention and treatment. According to these laws, if an offender is convicted of DWI/DUI, the offender is required to obtain a clinical substance abuse assessment to determine whether he or she will be recommended to complete a substance abuse education class or treatment program. More... Limits on Travel as a Consequence of DUI/DWI Conviction Various problems can occur after receiving a driving under the influence (DUI) or driving while intoxicated (DWI) conviction. One of the potential problems that many people do not realize is possible limitations on travel. Many countries classify any crime as a reason to refuse or limit your entry into their country. More... Admissibility of Blood Alcohol Tests in Drunk Driving Cases All 50 states and the District of Columbia have enacted statutes requiring a motorist arrested for drunk driving to submit to a chemical blood test. These statutes are known as "implied consent" laws. Under these laws, a motorist suspected of driving under the influence of alcohol is deemed to have consented to a chemical analysis test designed to measure blood alcohol content level. More... DUI in a School Zone In general, all states provide for maximization of penalties when a driving offense involves a school bus or it is committed within a school zone. New Jersey is unique in establishing a law imposing stiff penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing. More...
- Winn, Jason: traffic violations, including driving under the influence (DUI). A DUI conviction can result in jail time, severe fines and strict mandatory minimum penalties. * Your primary concern is likely keeping your driver's license. If you refuse the Breathalyzer test or the result exceeds a certain limit, your license will be automatically suspended. You only have 10 days after your arrest before the suspension begins. * You must go through various administrative channels to get a hardship license that will give you limited driving privileges for work and medical appointments. * Seek counsel immediately after you are arrested or ticketed for anything. Attorney Winn will protect your rights and take the steps to save your license. A second or third conviction for reckless or careless driving, driving while license suspended or revoked (DWLS/R), or leaving the scene of an accident will turn the misdemeanor offense into a felony. It is crucial to use all your resources to fight the first offense to prevent having record.
- Desmond & Maceluch: Driving under the influence (DUI) is no laughing matter. The penalties for a DUI or BUI in Florida are getting tougher all the time. You may need to pay heavy fines or complete hours of community service. You could also serve time in jail.
- Brown, Cydnee: Do you know what your rights are if you have been arrested? First and foremost, you need to hire a skilled criminal defense attorney to protect your rights.
- Elson Law Firm: If you have been arrested for DUI you need to act quickly to protect your rights! A DUI CHARGE AFFECTS YOUR DRIVING PRIVILEGES Upon arrest for DUI your driverÕs license will be seized. You will be issued a citation that will allow you to drive for only 10 days. You have only 10 days from the day of that arrest to request an administrative hearing in order to prevent suspension of your driverÕs license. A DUI CHARGE MAY RESULT IN CRIMINAL PENALTIES POSSIBLE SENTENCES INCLUDE: jail time, a minimum 6-month driverÕs license suspension, community service, probation, DUI school/alcohol evaluation and treatment, mandatory 10-day vehicle impoundment, along with court costs and fines. For more information on the consequences of a DUI arrest or conviction visit the Florida Department of Highway Safety and Motor Vehicles summary of DUI and Administrative Suspension Laws (http://www.hsmv.state.fl.us/ddl/duilaws.html#dui21) WHAT CAN YOU DO? If youÕve been arrested for DUI your priority should be obtaining legal counsel to investigate and evaluate your case. Experienced legal counsel will help you determine the strengths and weaknesses of your case, will advise you whether and under what conditions you can obtain a hardship license so you can drive to work or school, and will determine whether all of the evidence against you is admissible in court. POSSIBLE RESOLUTIONS An experienced attorney will seek the best possible resolution for your case. Possibilities include: Dismissal of the charges Reduction to lesser charges Motions to suppress evidence Plea bargains Jury trial
- Anabelle Dias:
Drunk Driving and DUI Arrest in Florida
One of the most prevalent criminal issues facing Florida residents today is drunk driving and its associated offenses. Statistics show that more than 11,000 people are arrested every year in Florida for a drunk driving-related offense, and the charges that can accompany such a situation are numerous in nature.
The first thing you need to do if you are arrested for such an offense is to contact Anabelle Dias & Associates, P.A. for a full consultation. The firm is available 24 hours per day, and you can rest assured that you will have flexible payment options that will work within your budget. Below are a few examples of the types of offenses that can be used to charge a defendant in Florida as well as the manner in which these charges are pursued.
Florida DUI/DWI Laws:
Any person can be charged with DUI in Florida if he or she is found to have a BAC of at least .08 or more grams of alcohol per 100 milliliters of blood or .08 or more grams of alcohol per 210 liters of breath while operating a motor vehicle.
The penalties for such an offense are serious as well. For a first offense, a convicted defendant faces a fine that ranges from $250 to $500, and the potential for up to six months in prison. For a second offense, the convicted defendant faces fines ranging between $500 and $1,000 as well as up to nine months in prison and the placement of an interlock ignition device on the defendant's car for a period of one year.
If a person is convicted of a third DUI within 10 years of a prior conviction faces a third-degree felony charge, which includes up to one year in prison and two years of placement of an interlock ignition device on the defendant's car at the defendant's sole expense.
Field Sobriety Testing in Florida
Field sobriety testing has come under much controversy all over the United States in recent years, and the issue generally centers on the refusal by the suspect to take part in these field testing procedures. Although many defendants have claimed that these field sobriety tests are unconstitutional, no definitive ruling has been made by the Supreme Court. Therefore, as of now, states have the right to enforce these procedures as they see fit.
Florida is one of the most aggressive states in the country in terms of punishing those suspects who refuse to take part in field sobriety testing. In 2002, the state legislature enacted a provision that charges a defendant with an additional misdemeanor count if he or she refuses field sobriety testing. The text of the statute is below:
"(The defendant)...shall also be told that if he/she refuses to submit to a lawful test of his/her breath and/or urine, and his/her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his/her breath, urine, or blood, he/she commits a misdemeanor in addition to any other penalties."
Suspended License
Like most states, Florida's statutes call for a defendant's driver's license to be suspended in several circumstances that surround a DUI arrest. A suspended license means that a person can not lawfully drive a vehicle, and if that person is found to be driving with a suspended license, a separate criminal charge will be filed. The following represents the usual timeframes for driver's license suspension when a person is involved with a DUI in Florida:
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
- First Conviction: Minimum 180 days revocation, maximum 1 year.
- Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
- Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
- Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
- DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
- Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
Defendants Under 21 - Fines and Penalties
Florida makes it tough for those defendants under the age of 21 who are arrested for any DUI-related offense. Basically, the legal standards for such a charge are lower, and the penalties are generally more severe. Below are excerpts from the Florida administrative suspension statutes relating to those under the age of 21 charged with DUI in Florida:
- First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
- Second or Subsequent Suspensions: 1 year.
- First Suspension for Refusal to Submit to Breath Test: 1 year.
- Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher, the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible. The fines and other penalties for DUI in Florida for those under 21 are similar to those "adult" defendants over the age limit.
Vehicular Manslaughter Offense in Florida
Vehicular manslaughter is the most serious DUI-related offense in Florida, and it is treated as such in regards to the penalties imposed upon a conviction. The statute and sentencing guidelines are clear, and they are explained below.
Florida statutes provide that any person who is found to be operating a vehicle under the influence and that this operation causes the death of another human being shall be deemed to have committed:
- A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
- At the time of the crash, the person knew, or should have known, that the crash occurred; and
- The person failed to give information and render aid as required by s. 316.062.
A felony in the second degree is punishable by up to 15 years in state prison, and conviction of a felony in the first degree can carry a maximum sentence of up to 30 years in prison or even a life sentence in certain circumstances.
As you will see, these are serious charges, and need to be handled and defended by serious and capable attorneys. If any of these situations apply to you, you need to contact Anabelle Dias & Associates, P.A. as soon as possible for a consultation. The partners of the firm are available 24 hours per day, and you need to understand that the longer you wait, the worse your situation can get before you get the help that you are entitled to under the Constitution.
- David & David: Drunk driving is a serious offense that has very serious consequences. If convicted of a DUI, you may be facing license suspension or revocation, large fines, and even jail time. To defend yourself against these types of charges, you need the assistance of an experienced and dedicated attorney on your side.
-
Lee Meadows: Since penalties for a DUI conviction could include the loss of your driving privileges, probation, vehicle impoundment, increased automobile insurance, and even jail, THIS IS NO TIME TO BARGAIN SHOP. The attorney you hire and how your case is handled could affect you the rest of your life.
Successfully defending a DUI takes more than just calling the State Attorney and ending your case with a plea bargain. We will make sure all possible defenses are explored. Cases can be won even if someone did poorly on field sobriety exercises or took a breath test.
The following is a list of some of the defenses we have used to successfully win DUI cases:
- The person was not legally in Òactual physical controlÓ of the vehicle
- The officer had no right to stop the car because the traffic signal was misplaced
- The officer had no right to stop the car only because it was swerving
- Medical issues affected the field sobriety exercises
- The field sobriety exercises were given in an improper area
- The breath test was given too long after the arrest
- The breath test machine had not been properly maintained
- The breath test operator was not properly certified
- The blood test was not done properly
What are the consequences of a conviction?
There are several factors that will raise the penalties of a DUI such as causing property damage, serious bodily injury or death. When one of these crimes is charged, it is imperative you have an attorney who has experience with these matters.
How does a DUI affect driving?
Simply getting arrested for a DUI can cause a loss of your drivers license. The DHSMV gets involved even before most cases go to court.
*You can win your DUI case and still have your drivers license suspended or revoked.
The DHSMV can suspend a license for 6 months for taking a breath test with results over .08.
The DHSMV can suspend a license for 12 months for a refusal to take a breath test or 18 months if it is the second time a breath test has been refused.
If you are arrested for DUI and took a breath test with results over .08, and are otherwise eligible, you can drive using the yellow citation issued at the time of arrest as a license for 10 days.
Following the 10-day period, if you do not contest the DHSMV suspension, you will not be able to drive for any reason for the next 30 days. After 30 days, you can apply for a business or hardship permit.
If you are arrested for DUI and refused to take a breath test, and are otherwise eligible, you can drive using the yellow citation issued at the time of arrest as a license for 10 days.
Following the 10-day period, if you do not contest the DHSMV suspension, you will not be able to drive for any reason for the next 90 days. After 90 days, you can apply for a business or hardship permit.
If your attorney requests a hearing to contest the suspension, and your license was valid at the time of your arrest, you will be given a permit to drive until 12 days after the hearing (usually about one month from the date of your arrest). If you win the hearing, your driving privileges will not be suspended by the DHSMV. There is a formal hearing to contest this suspension but it must be requested within 10 days of an arrest. We feel it is very important that an attorney with experience request this hearing.
|
1st Offense |
2nd Offense |
3rd Offense (felony) |
4th Offense (felony) |
| Jail |
Up to 6 months |
Up to 9 months |
Up to 5 years |
Up to 5 years |
| License Suspension |
6 months to 1 year |
6 months to 5 years |
6 months to 10 years |
Permanent Revocation |
| Fines |
$250-$500 |
$500-$1000 |
Up to $5000 |
$1000-$5000 |
| Vehicle Impoundment |
10 days |
30 days |
90 days |
|
Variations in sentencing occur with the circumstances surrounding the conviction. Examples of circumstances which would change penalties include the length of time between receiving DUIÕs (within 5 or 10 years of a previous conviction), whether or not there was a minor in the car, breath or blood alcohol level was over.02, and whether or not there was property damage, injuries or deaths.
- Jansen & Davis: If you have been charged with a DUI while driving on Interstate 10 or along another road or highway along the Florida Panhandle, you need a legal team with the experience and skill to make a difference in your case.
- Layne Smith: As a trial lawyer, nothing is more satisfying than hearing a verdict of 'not guilty' announced in open court.
- Raymond Impara: Protect Your Self from Florida's State Attorney's Office staff of Florida State Prosecuting Attorneys in Court Legal Cases and at Criminal Trials you have to attend. You will need for a Truly Dedicated Criminal Defense Lawyer. To represent you with an Aggressive and well thought out Defense plan.
- Colin Cherry: Arrested for DUI? Serious consequences can ensue. Jail, fines, or loss of license, are some of the possibilities. It can be a life-altering experience, affecting your freedom and ability to make a living.
- Barnes & James: acing charges of driving under the influence or driving while intoxicated can be frightening. You need a lawyer on your side with experience, knowledge and skill. Defending individuals on DUI and DWI charges is a specialized area of criminal defense that involves knowledge specific to the crime.
- Timothy Jansen: Moving violations can affect your ability to drive, interfering with your ability to earn a living. Your insurance premiums can also be impacted when you receive a citation.
- Dennis Boothe: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
- Brooks, LeBoeuf, Bennett & Foster: If you are charged with a DUI, you should know that a DUI conviction remains on your driving record for the rest of your life. A DUI conviction will not only affect your criminal record, it will also seriously affect your driving privilege, increase your insurance rates, and, in many cases, affect your employment. Everyone charged with driving under the influence should immediately consult with an attorney experienced in that area to get a full description of their legal rights.
- Don Pumphrey: Being arrested is a disturbing experience. early intervention by an attorney could make a difference in the outcome of your situation.
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