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.
Additionally, other penalties that can be incurred include probation, community service, DUI School, Victim Awareness Programs, evaluation and/or treatment for substance abuse problems, ignition interlock and additional court costs.
Find out more about the Ignition Interlock Device by visiting the Florida Deptartment of Highway Safety and Motor Vehicles
Ignition Interlock Program Web site.