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Tampa DUI Lawyers
- Stamatakis and Thalji:
DUI: THE LEGAL DEFINITION
To be found guilty of Driving Under the Influence in the State of Florida, the government must prove the following beyond and to the exclusion of every reasonable doubt:
1. Driving 'Under the Influence.' First, the government must prove that the accused was driving on a road in the State of Florida while under the influence of alcohol or a chemical controlled substance.
2) Blood Alcohol Content (BAC) above .08%. Second, the government must prove, with competent evidence that the accused had a BAC of .08% or higher. Typically, the BAC is produced in the form of an affidavit signed by the technician sitting behind the breat machine the night the accused gave the sample. OR
3) Normal Faculties Impaired. In the alternative, if the government does not have a breath sample because the accused refused to provide one then the government must prove that the accused's normal faculties were impaired.
THINGS TO CONSIDER
IMPAIRED: A Sliding Scale
Over the years, the Florida courts and legislature have had a difficult time defining the term 'impaired.' Currently, the government argues that 'impaired' means to weaken or lessen to a material extent.
NORMAL FACULTIES: What is Normal?
Normal faculties refer to a person's ability to walk, talk, see, hear, react, judge distance, drive a car, etc. The government must prove that a person's 'normal faculties' were lessened by the consumption of alcohol or some other chemical substance. Juding a person's individual 'normal faculties' has been a question avoided by the Florida courts and legislature for many years.
- Registrato, Joseph:
Do you face criminal charges in the state of Florida? Whether you face white collar crime charges, violent crime charges, or you have been arrested for DWI, we can help you come up with the best defense possible and minimize all potential consequences.
- Pawlowski, Fasso & Brewer:
The penalties for DUI and DWI are severe.
- Smith & Stallworth:
Severity of DUI and DWI laws in our state and across the nation are trending upward, becoming much stricter, and the varieties of punishments are becoming increasingly harsh. A DUI or DWI conviction can result in steep fines, suspension, or revocation of your driver's license, increased insurance rates, vehicle impoundment, probation, house arrest, and even extended jail time.
- Criminal Defense Group:
A DUI / DWI charge can happen to virtually anyone. Even the most responsible drivers may find themselves facing drunk driving charges. Consequences for driving under the influence of alcohol or drugs include loss of license, heavy fines, increased insurance premiums—even incarceration.
In addition to criminal proceedings, there can also be administrative penalties. The Department of Motor Vehicles will initiate a drivers’ license revocation action that could result in at least a 30-90 day suspension of your driving privileges. If your DUI resulted from refusal to perform any sobriety test, your suspension could be between a year and 18 months.
- Robin Fuson:
The Florida legislature has imposed certain minimum mandatory penalties for DUI convictions. The can be found in Florida Statute 316.193. Some of the included penalties for first time offenders are as follows: - A probation period for up to 1 year, often with early termination after 6 months.
- A 6 months driver’s license suspension.
- DUI Counter Attack School and an alcohol evaluation that may result in subsequent treatment
- 50 hours of community service that requires 16 of the hours with the sheriff's work detail and 3 hours with the
- Victim Impact Panel.
- A $250.00 fine plus court costs.
- A possible jail sentence of up to 6 months.
- A mandatory 10 day Immobilization of your vehicle.
Your DUI citation (the ticket) is your unrestricted driving permit for 10 days from the date of your arrest. If you blew over a .08 or refused to submit to a breath, urine or blood test, you license will be administratively suspended for 6 months for blowing over the legal limit and 1 year for the refusal in first offense situations. You are entitled to an administrative review of that suspension, but a hearing must be set within the 10 day window stated above. In most cases, the hearing will be approximately 30 days down the road and a temporary business/education permit can be obtained. Should you win that hearing, you will have your driving privileges restored. If the suspension is up held, from the date of the decision, you must wait 30 days in cases of a breath above a .08 and 90 days in first time refusal cases to obtain another business permit in most cases. The administrative process stated above has no legal connection to the DUI prosecution. There are, however, attacks on the entire situation that may apply equally in both instances. Everything from the legality of the stop, condition of the Intoxilizer 5000 breath testing machine, the field sobriety exercises, your personal physical condition and unique factors (diabetes, dentures, inner ear infections, prior and current injuries) and much more all play a roll in your defense to the charges as well as the administrative suspension.
- Jeffrey Reisman:
If convicted for driving under the Influence in Florida there are mandatory requirements enacted by the legislature that a judge must sentence a defendant to. If convicted for a first time DUI the following sanctions are required-
12 months probation and as a condition of probation the Defendant must: complete DUI School, pay fines and court costs, 50 hours of community service (The Judge may convert the hours to a fine). 10 day impound on vehicle. A drug-alcohol evaluation and treatment if necessary and six months driver’s license suspension. If your breath alcohol level was above .20 a $500 fine will be assessed. The Judge will generally terminate probation after six months if you have completed everything successfully.
- Lopez & Rossi:
- Did the police have probable cause to pull you over?
- Was there reasonable suspicion to detain you to conduct DUI tests?
- Was there probable cause for your arrest?
- Results of the Intoxilyzer breath test machine
- Videotaped field sobriety tests administered at the roadside
- Andrew Shein:
TIME IS OF THE ESSENCE
It is important that you act quickly to safeguard many of your rights that may be in jeopardy as a result of your arrest.
Can you legally drive at this time? Are you eligible for a Work Permit/Hardship License? Can your case be reduced to the lesser charge of reckless driving? Should you register to attend DUI school? Were your rights violated? Is all of the evidence admissible in court? Do you have any physical injuries or disabilities that may have affected your performance of the field sobriety tests? If convicted, what types of penalties might you expect? Can this case be sealed or expunged off my record? Can my case be resolved in a manner so as to not interfere with work and family obligations?
Eric Taylor:
Amendment IV of our Constitution states, '(the) rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...'
- George Tragos:
...able to provide powerful and effective representation for the following cases: DUI cases
- Kuske & Ragano:
Throughout Florida and the rest of the country, DUI and DWI laws are becoming stricter and the punishments are increasingly more severe. Some consequences you may be facing upon being charged with drunk driving include jail time, suspension or revocation of your driver's license, and large monetary fines.
Whether you are facing your first offense or the latest in a number of DUI offenses, we can help you understand your rights and explore your options. In some cases, there are mandatory punishments that are imposed upon conviction. These situations require us to push harder in the defense of your rights.
You do not have to face your DUI situation alone. Our attorneys are dedicated to examining all aspects of your case in order to ensure that the police followed procedure every step of the way. If they did not, or if your civil rights were violated, we may be able to have the charges against you dismissed or lowered.
- Amador & Tager:
Every year Tens of Thousands of Drivers are arrested and charged with
Driving Under The Influence, "DUI". Being charged with DUI is a serious
matter, but not as serious as being convicted. You need quality Legal
Representation to explore every avenue of defense. If you have been
arrested for Driving Under The Influence, "DUI", chances are your
license has been administratively suspended. You have 10 days to
request an administrative review hearing to challenge the suspension,
otherwise you loose this opportunity. It is imperative to explore this
avenue, and when you retain Amador & Tager, we will file the
necessary paperwork and request this hearing. A DUI conviction will
remain with you for the rest of your life and could affect your ability
to drive, work, obtain affordable insurance, and other consequences
never thought of. There are many reasons to fight your DUI charge with
experienced and aggressive legal representation, but there is no reason
not to.
We represent people charged with Misdemeanor DUI, Felony DUI, Dui with
personal injury, Dui manslaughter,
- Gerald Sage:
If you have been charged with a criminal offense, you could be confused
about the next step to take. You may be unfamiliar with the Florida
court system. You could have questions about what comes next. It is
very important to have an attorney on your side who can, and will,
fight to protect your rights.
- Monica Strickland:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
- Leo Jetten:
Penalties for DUI DUI is a crime that can happen to almost any person from any
walk of life. Many times it is an unfortunate mistake that can cost an individual the life
they knew. In many cases an arrest for DUI will lead to a permanent criminal record,
suspension or loss of license, increased insurance rates, possible prison time, alcohol
treatment, job loss, etc. Most people do not realize that there are two cases to contend with.
The DUI results in criminal charges. However, there is also a hearing against the driver for
suspension of the driver's license. DUI cases are not a sure thing
for a prosecutor. There are many factors that must be proved and many defenses available to
you. These defenses can create reasonable doubt for a jury, leverage in any bargain with the
District Attorney's Office, or in some instances create enough doubt to get your case
dismissed. Possible Defenses - Poor Driving was caused By A Factor
Other Than Alcohol - Poor driving could possibly be caused by many factors. For instance
the driver might have been distracted while driving or might have been sleep deprived. There
might have been some mechanical defect with your car or the road may not have been well
lit.
- The Police Officer Did Not Have A Valid Reason For The Stop - You
cannot be pulled over on the whim of a police officer. For instance, you cannot be pulled over
solely because you were in a close proximity to a bar. Being pulled over for an
insufficient reason can go a long way to building a credible defense.
- The
Physical Tests Were Unfair - In some instances the physical tests were conducted
improperly or there was another valid reason why you failed the test. Even lack of
coordination can be used as an argument against the validity of a physical
test.
- Failing A Breathalyzer Does Not Mean You Have No Case - Possible
defenses include: the intoxilyzer (Breathalyzer), used by police officers, was not properly
maintained; the operator of the intoxilyzer was not certified; the officers did not observe
driver for 20 minutes before the test; two proper tests were not given; driver was taking
legal medication; blood or urine was not preserved or analyzed
correctly.
10 Days To Save Your License If you were arrested
for a DUI and would like to preserve your right to drive in Florida, you must request a
hearing or a Formal Review with the Bureau of Administrative Review (BAR) within 10 days after
your license was taken from you. The BAR is located next to the driver's license office. If
your license was valid when you were stopped, you will most likely be issued a temporary
license until the Formal Review. The Formal Review will be scheduled for 3-4 weeks out. During
this time you will be able to drive. However, if the hearing does not go your way, you will
not be able to drive after the hearing.
- Thomas & Paulk:
Frequently Asked Questions
DUI QUESTIONS
What is the first thing that I need to do after being arrested for DUI?
After you are arrested for DUI you must set a court date with the
Clerk of Court within ten days. You must also take action with the
Department of Motor Vehicles within ten days so that you can receive a
business purpose license if you are eligible. If you contact our office
within ten days of your arrest we will take care of these important
first steps for you.
Why did the officer take my drivers license?
There are two reasons why the officer might have kept your license.
If you took the breath test and the result was over .08 then the
Department of Motor Vehicles (DHSMV) revokes your license for six
months. If you refused the breath test then the DHSMV revokes you
license for one year for a first refusal, or eighteen months for a
second refusal of a breath test.
Can I drive with a copy of the DUI citation?
If you had a valid drivers license at the time you were arrested
then you can drive for ten days with your citation acting as your
license.
Can I get a permit to drive after the ten days expire?
The DHSMV allows you to drive for the fist ten days so that you have
time to request a review of the suspension of your license. It also
gives you time to consult with an attorney. When we are retained to
represent someone on a DUI case we request a hearing to challenge the
suspension of your license. Once we do this, the DHSMV will give us a
business permit as long as you had a valid license at the time of your
arrest.
How long will this permit last?
The permit will last until the DHSMV makes a decision about the
suspension of your license. This normally takes about forty-five days.
What happens after the DHSMV makes a decision about my license?
If the DHSMV sets aside your suspension then you will be able to get
your regular license back. If the DHSMV upholds you license then your
license will be suspended for the time period set forth in question
number two.
If the DHSMV upholds my suspension will I be able to get another permit?
Under most circumstances you can get another permit. You will have
to go some time without a permit. The time without a permit will very
depending on the facts of your case. This is a very confusing area of
DUI law and you will need to speak with an attorney about the specific
facts of your case to minimize this time.
Will I have to go to Court?
DUI is a criminal charge and you will have to go to court. However,
if you retain an attorney your attorney can attend to most of your
court dates without you having to attend with them.
What if I am from out of town?
If you hire an attorney your attorney may be able to handle all of
you court dates for you so that you do not have to return to Tampa.
What will an attorney do to help me with my case?
We will set your court date, and request a review of your drivers
license suspension. We will help you get a permit to drive for work and
fight to get your license back. We will attend all of your court dates
and request all of the evidence in your case. We will get a copy of all
police reports and any videotape. If you took a breath test we will get
the information related to the breath test in your case. We will then
review all of this information so that we can defend you in your DUI.
If I want to plead guilty to DUI do I need an attorney?
Even if you want to plead guilty an attorney will help you with the
process of getting your license back. Also many times when someone
thinks that the have no defense to the DUI charge an experienced
attorney can find a problem with the States case. Also an attorney can
negotiate with the Prosecutor so that you will know what is going to
happen to you if you plead guilty and try to minimize the affect on
your life.
Is it possible that my case will be dropped or reduced to a lesser charge like Reckless Driving?
DUI cases are sometimes dismissed or reduced to a lesser charge.
However, every case is different and an attorney will need to review
all of the evidence in your case to answer this question
- Jim Souza: If
you have been charged with a criminal offense in Florida, you may be
confused about the next step to take. You may be unfamiliar with the
Tampa, Florida area court system, and have questions about what comes
next. It is important to have an attorney on your side that will fight
to protect your constitutional rights in any criminal proceeding.
When facing a police investigation, arrest, indictment, jury trial, or
sentencing hearing in the Tampa, Florida, area, hiring the right
criminal defense lawyer can make all the difference in the world.
- Darrell Sage: If you
have been charged with a criminal offense, you could be confused about
the next step to take. You may be unfamiliar with the Florida court
system. You could have questions about what comes next. It is very
important to have an attorney on your side who can, and will, fight to
protect your rights.
- Owens Law Firm:
You may be surprised at just how many DWI or DUI cases are reduced or dismissed due to police infractions
- James Thomas: Do
something about your civil infraction ticket before the 30 day time
period lapses, you may be waiving valuable rights if you do not act
quickly.
- Victoria Holmberg:
Choosing a criminal defense lawyer is an important decision. Criminal
defense lawyers are not all the same; every one of them is different in
the way they handle cases, be it their experience, ability, or style. A
lawyer who would be the best in one type of case may not be in another.
Also, depending on the magnitude of the charges and the case, the
retainer quoted by a criminal defense lawyer may seem to the client to
be extremely high; as much as an expensive car or even a moderately
priced house. But remember what is at stake in a criminal case: the
liberty of the person accused. When compared to trying to keep one's
liberty, money is much less important.
The amount of the retainer paid (whether high or not) is not
necessarily indicative of expected quality. Be wary of lawyers who
solicit your business or promise good results. They make money off high
turnover, and high turnover means that they must plead clients guilty
to move on to the next case. No lawyer can ethically or realistically
promise a good result. It is a fact of life that 90+% of all criminal
defendants are convicted of something. Some cases, therefore, must be
pled because "damage control" is all the criminal defense lawyer can do
in that particular case.
Criminal defense lawyers often charge flat rate fees, plus expenses.
The fee quoted is based on the lawyer's experience in what type of work
will be required and how much time it will take. Some lawyers have
payment plans. Keep in mind, however, that retaining a lawyer requires
the lawyer to take time and devote his or her knowledge and expertise
to your case, and, depending on the case, the work is performed in the
near future. Ordinary people who work for a living expect to be paid
timely. Stores and suppliers expect to be paid shortly thereafter. So,
you should expect to pay your criminal defense lawyer shortly after you
retain him or her.
- Kinney, Fernandez & Boire:
All of us living in the United States are privileged to live in a
country where each individual is guaranteed certain constitutional
rights. In criminal cases the courts of our land have determined that
individuals suspected of committing a crime, or those individuals who
have been charged by the government with a crime, have rights, not only
to protect them, but all of society.
- Kim Byrd: Yourre upset
and confused. Each case is unique, and you need an attorney who knows
the how to handle your case and who will conmmunicate with you
regularly.
You also didnt plan on being in this situation, so finding a good
attorney at an affordable price is an absolute necessity.
- Galewski Law Group:
Remember it
is your freedom on the line, do not speak to the authorities until you have
consulted with a lawyer.
- Marcelino Herta: The
Fourth Amendment generally protects the right of people to be free from
"unreasonable searches and seizures." In order for a search or seizure
to be reasonable under the Fourth Amendment, it must usually be based
on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme
Court held in Delaware v. Prouse that randomly stopping an automobile
to apprehend unlicensed drivers and unsafe vehicles constitutes an
unreasonable seizure under the Fourth Amendment, where the officer does
not have reasonable suspicion that a motorist has violated the law. The
Court reasoned that the State's interest in ensuring roadway safety
does not justify discretionary spot checks that intrude on the privacy
of motorists.
However, the Court has since made a limited exception for DUI sobriety
checkpoints, holding that officers may perform random spot checks to
catch drunk drivers with no requirement of individualized suspicion.
- Bodiford & Associates:
Driving
while under the influence of alcoholic beverages or a
controlled substance is one of the most serious traffic violations you
can commit. In fact, it is classified as a traffic crime and in
some circumstances a misdemeanor, or under more limited circumstances,
even a felony. If you are found guilty of driving while under the
influence, you are subject to heavy penalties for a first
offense. These include imprisonment of up to six months, a loss
of your driver license for a minimum of six months, a fine of between
$250.00 and $500.00 in addition to court costs, completion of a
substance abuse course, and 50 hours of community
service.
If you operate a motor vehicle in the
State of Florida, you are subject to
the "implied consent" law. This means that
because you are operating a motor vehicle in the State of
Florida, you have agreed to
take a chemical test of your breath if you are arrested by a law
enforcement officer who believes you are under the influence of
alcoholic beverages. A urine test can be requested if drugs are
suspected. A blood test can be requested under some limited
circumstances. If you have a Florida driver license, the statement, "I hereby
consent to any chemical test for sobriety as required by law" appears
directly above your signature.
These tests are to
determine your blood alcohol or drug level -- to find out how much
alcohol or drugs are in your bloodstream. If you refuse to take
the test, you are subject to a suspension -- taking away -- of your
driver license for a period of one year for a first refusal and a
period of 18 months if your driving privilege has been previously
suspended for refusing to submit to such a test. If you take the
test and the test reveals a blood alcohol level of .08 or higher, the
periods of suspension are 6 months or 1 year if a prior violation
exists on one's record. This is even if you are acquitted on the
D.U.I. charge itself. You do not have the right to have your own
doctor give you the test at the time of the arrest, and you do not have
the right to have an attorney present when you take such a test.
You do have the right to have a second test administered by a physician
or a laboratory technician of your choice. However, the second test
must be paid for by you.
If you refuse to take the test, or
if you take the test and the test reveals a blood alcohol level of .08
or higher, your license will be seized by action of the law enforcement
officer on the very evening of your arrest, and suspended in 30
days.
You then have a right to
review the action of the officer as follows: A request for a formal or
informal review of the suspension must be filed with the appropriate
division of the Department of Motor Vehicles office within 10 days from
the date of arrest or issuance of the notice of suspension, whichever
is later.
If the person
arrested requests a formal review, the department shall schedule a
hearing to be held within 30 days after such request is received. The
driver may request subpoenas from the division for the purpose of
compelling the attendance of any witness. The driver is responsible for
service of the subpoenas and payment of any witness
fee.
At the hearing, the
hearing officer, who is employed by the Dept. of Highway Safety and
Motor Vehicles, shall receive into evidence any documents timely
submitted to the division including the citation, arrest affidavit,
breath or blood test results, refusal affidavit, alcohol influence
report, and any video tape of the driver. The hearing officer shall
determine from these documents and any relevant evidence presented by
the driver whether the suspension is supported by a preponderance of
the evidence. The department shall forward the hearing officer's order
to the driver within seven (7) days from the hearing. A driver may
appeal the order by petition for writ of certiorari to the circuit
court.
If the person requests an
informal review, the department shall conduct an informal review, which
shall consist of an examination of all materials submitted by the
officer and the driver. No testimony of a witness or other evidence
shall be heard. The hearing officer shall determine whether the
suspension is supported by a preponderance of the evidence. The order
shall be transmitted to the driver no later than 21 days after the
expiration of the temporary permit. A driver may appeal an informal
review order by petition for writ of certiorari to the circuit
court.
- Jeff Keel: Being
arrested for a criminal charge is a frightening experience. When a
criminal charge threatens your freedom, record or reputation, the
choosing of a lawyer becomes a very important decision. The difference
between choosing an experienced lawyer versus a less experienced
lawyer, could mean the difference between freedom or a criminal record.
- Kinney, Fernandez, and Boire:
All of us living in the United States are privileged to live in a
country where each individual is guaranteed certain constitutional
rights. In criminal cases the courts of our land have determined that
individuals suspected of committing a crime, or those individuals who
have been charged by the government with a crime, have rights, not only
to protect them, but all of society.
- Ed Suarez:
Florida lawis tough on those arrested for DUI. Currently, an individual
arrested for DUI in Florida will have his driver license taken and
immediately suspended. Additionally, such an individual will not be
issued a hardship or business purpose license for at least 30 days and
in some circumstances 90 days. These harsh sanctions take place upon
arrest, prior to any courtreview ofthe validity of the charges.
- Kevin Moore:
Florida's "ten day rule," makes hiring an attorney necessary to avoid
automatic license suspension. Under this rule, if your breath test was
above .08% blood-alcohol, or if you failed to submit to a breath test
after being arrested for DUI, your license will automatically be
suspended for 30 days unless you or your attorney files a demand for an
administrative hearing within 10 days after arrest.
- Lori
Palmieri:
If you have been charged with DUI, you have TEN (10) days from the date
of your arrest to file for a formal review hearing with the Department
of Highway Safety and Motor Vehicles. Please do not disregard this
important deadline.
- Gerald Perez:
It is often said that the typical “law abiding citizen”
is more likely to find themselves charged with DUI than with any other
offense. No DUI case is “simple”. There are more aspects to
DUI law than many other more serious offenses. Driver’s license
suspension issues are closely related to DUI charges. After a DUI
arrest, an individual is entitled to:
- know what time deadlines they face in order to preserve their
rights know how to get a driving permit for work
- know if there is any time where they will not be able to drive,
even on a work permit know how to challenge their license
suspension
- know when to subpoena the arresting officer to an administrative
hearing (and when not to) know if their case can be handled without
their appearance in court
- know the strengths and weaknesses of the case
- know if the officer had a valid and legal reason to stop them or
otherwise investigate know if a video tape of field tests will reveal
possible defenses
- know if the breath test was conducted properly
- know if their case can be defended even if the breath results were
over a .08 know what penalties they face
- know what their breath results would have been at the time of
driving (not an hour or more later)
- know if there are legal issues which would cause the suppression of
evidence or dismissal of case
- know if there were other reasons for poor test performance
(nervous, tired, disability, injury, unlevel test surface, poor
lighting, distractions from roadway traffic, improper demonstration of
tests,
- know if the DUI can be reduced to a lesser charge such a reckless
driving
Driver’s License Issues:
Many times a driver’s license suspension is associated with a
DUI charge. An officer will confiscate a person’s license if it
is alleged he provided a breath sample that tested at an .08 or above,
or if the person is alleged to have refused to take an approved test.
The driver may challenge this license suspension by demanding from the
Department of Highway Safety & Motor Vehicles (DHSMV) an
“administrative review” of the license suspension. If the
driver prevails, the driver’s license will be returned. There are
numerous other drivers license issue which may arise, including
suspensions for too many points, drug convictions, etc.
- Michael Sperounes:
D.U.I. is a serious criminal charge which carries up to six (6) months
in jail and a one (1) year driver's license revocation for the first
offense. A second conviction carries up to nine (9) months to one (1)
year in jail and a mandatory five (5) years minimum driver's license
revocation, if convicted within five years of the prior conviction. The
penalties are even higher for subsequent convictions.
- Casey Ebsary,
Jr.:
Defense of a DWI or DUI charge can be quite challenging. The main
witnesses are the police. There is scientific evidence from the breath
test and/or the blood tests being presented against you. The breath
test, officer's testimony, and Standard Field Sobriety tests may also
present damaging evidence against you.
- Craig Huffman:
There are many factors that make a DUI case complex. Can the State
prove you were the driver or in actual physical control of the vehicle
? Was there an accident ? Did the officer have probable cause to stop
you ? Did you do the roadside tests ? Did you give a breath sample or
blood or urine sample ? Were you sick or injured at the time ? Did you
make a statement about drinking to the officer ? When was the last time
you slept ? Ate ? What did you eat ? Do you wear glasses ? What were
you wearing for shoes during the sobriety tests ? Were the police car
lights flashing in your face ? The questions are many . . . You have
ten days from the date of arrest to request a hearing before the
driver's license bureau to get a review hearing of any driver's license
suspension so act quickly. Get an attorney.
While no one supports drinking and driving, You deserve a defense.
- Walter Foster:
So You Have Been Arrested for DUI/DWI in Florida?
In Florida, the legislature and courts are getting increasingly more
strict with individuals convicted of drunk driving. If you have just
been arrested for Driving Under the Influence (DUI) for the first time,
you may feel uncertain about the resulting court proceedings.
Unfamiliar with the criminal justice system, you may consider having a
"friend of a friend" or your family's lawyer represent you on the
charges. This may be a critical mistake. DUI law in Florida can be
quite complex. Furthermore, the stakes are high-even as a first time
offender, you may face hefty fines, probation, revocation of your
license and a dramatic rise in your automobile insurance rates. You may
even be sentenced to some jail time. Therefore, it is important to hire
a defense attorney who has experience in this area of law.
- Michael Misa:
There are a wide range of field sobriety tests (FSTs), including
heel-to-toe, finger-to-nose, one-leg stand, alphabet recitation,
modified position of attention, fingers-to-thumb, hand pat, etc. Most
officers will use a set battery of three to five such tests.
Unlike the chemical test, where refusal to submit may have serious
consequences, you are not legally required to take any FSTs. The
reality is that officers have usually made up their minds to arrest
when they give the FSTs; the tests are simply additional evidence which
the suspect inevitable "fails". Thus, in most cases a polite refusal
may be appropriate.
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