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  • 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 PENALTIESÊ POSSIBLE SENTENCES INCLUDE: jail time,ÊaÊminimum 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. Ê 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. Ê POSSIBLE RESOLUTIONS An experienced attorney willÊseek the best possible resolution for your case.ÊPossibilities 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.
  • Meadows & Shoemaker:

    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 “actual physical control” 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 DUI’s (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.

  • Timothy Jansen: 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.
  • Lane 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.
  • 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.
  • 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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