Florida DUI cases are very complex due to the many facets of the charge and the vast legal principles involved. When you have been charged with DUI, you should have an experienced florida traffic attorney on your side. There are many possible legal defenses in DUI cases and every available option should be explored by your attorney. Depending on your prior DUI charges, if any, and the strength of the State's case, your attorney may be able to negotiate a disposition where your DUI charge is amended to reckless driving or the charge may be dismissed by the State.
▪ Defendant was driving or in actual physical control of vehicle AND
▪ Defendant was under the influence of alcoholic beverage, chemical substance or other statutory substances, when affected to the extent that the person's normal faculties are impaired; OR
▪ The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; OR
▪ The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
▪ Fines and Court Costs
▪ Jail Time / Probation
▪ Impoundment of Vehicle
▪ Ignition Interlock Requirement
▪ License Suspension
▪ Major Insurance Increase / Being Denied Coverage
▪ Substance Evaluation / Treatment
It is important that you contact an experienced traffic defense attorney within 10 days of your arrest (or sooner) so that your attorney can begin your defense and file for a formal review hearing at the Department of Highway Safety and Motor Vehicles Driver's License Bureau. This formal review hearing will give your attorney an opportunity to challenge the DUI charge and you will be eligible to receive a temporary driving permit while waiting for your formal review hearing to take place.
If you are being charged with your first DUI, we will help you obtain your hardship / BPO license as soon as you are eligible to apply for it. On a first-time DUI, you must go without a license for a period of 30 days prior to filing for a hardship license hearing. In addition to the 30 day period (First Refusal = 90 day period), you must show proof of enrollment in or completion of DUI School. Individuals who have been convicted of two prior DUI's, have two prior refusals to submit to BAC testing, or those that hold a CDL and are disqualified from operating a commercial motor vehicle are not eligible for hardship reinstatement. To learn more about your hardship options, please contact us to discuss your case.
If you have been arrested for DUI, your future depends heavily on the outcome of your case. While many attorneys will charge thousands of dollars for a first time DUI offense, my personal practice is to charge a reasonable flat fee that is based upon your objectives and goals (plus costs, if any). Many individuals charged with DUI will want to seek a reduction to reckless driving, while others may want to pursue an acquittal or dismissal at all costs. A DUI charge can result in fines, jail time, probation, license suspension, court imposed DUI school, higher insurance rates, employment difficulties and more. Why jeopardize your future by representing yourself or even worse, hiring an attorney whose practice is not dedicated to DUI and traffic offenses.
My approach to DUI cases starts with an evaluation of whether or not the traffic stop was legal. Often times, a police officer will initiate a traffic stop based upon your driving pattern (weaving, driving on the lines). In these cases, there may be a chance that the evidence of your DUI can be suppressed by the Court. After evaluating the traffic stop, I will personally review the breathalyzer records to determine if the specific machine used was calibrated and operated by the proper individuals. There are many aspects of a DUI cases that can be challenged and any viable defenses will be pursued.
Here are just a few of the steps to my DUI defense plan:
1. Request a DMV Suspension Formal Review Hearing - challenging validity of traffic stop, probable cause determination - This also results in the issuance of a temporary 42-day driving permit.
2. Research the legality of the traffic stop and arrest, file any viable motions.
3. Review DUI video for any mitigating factors / improper techniques by officer.
4. Review Client driving history to avoid any collateral license issues.
5. Review the Intoxilyzer 8000 documents / results, file any viable motions.
6. Evaluate Client eligibility for Business Purpose Only (BPO) or Hardship license.
7. Prepare Client for potential case outcomes - Guide Client through all necessary steps.
If you have been arrested for DUI in Tampa, Clearwater, St. Petersburg, New Port Richey, please give my office a call for a free consultation (727) 260-5754.