Florida Drunk Driving Defense
Sponsor Attorney-
Michael Kessler-Fort Pierce
The Real Truth About DUI Arrests.
And Why Many People Arrested Unnecessarily Lose Their License, Their Freedom, and Pay Big Fines.
Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.
You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial.
To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.
For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.
When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.
Florida DUI Drunk Driving Defense Information
Search for Florida DUI Attorneys by County.
West Central Florida Driver Improvement Inc.: DUI/SSS - First and multiple DUI offender courses and evaluation services. Special Supervision Services (SSS) for multiple offenders seeking hardship DL reinstatement in accordance with specific statutes.
Department of Highway Safety and Motor Vehicles:
Driving Under the Influence (DUI)
Attorney Offices by Municipality
- Alamonte
- Aventura
- Richard Essen: Drunk driving dui dwi or driving under the influence is a serious criminal offense. DUI / DWI is one of the most often committed crimes nationwide and carries with it heavy penalties.
- Roger Elkind: Justice isn't necessarily equal for people charged with drunk driving. Where a driver is arrested, whether he can afford a lawyer, which lawyer he hires, which judge the case is assigned to - all can have a tremendous effect on the outcome.
- Bartow
- Richard Mars: The difference between jail and freedom could be the attorney you choose. Call an attorney with criminal law trial experience! When you're talking about criminal defense you need an attorney who specializes in criminal law and has a great deal of trial experience.
- Boca Raton
- Brandenton
- Chipley
- Kerry Adkinson:
DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
- Clearwater
- Coconut Grove
- Bolivar Porta: f you refuse to take a breath, blood, or urine test after being arrested for DUI/DWI in Florida, or if the results of your test were .08% blood-alcohol or above, your license will be suspended 30 days after the arrest unless you or your attorney takes appropriate action to demand an administrative hearing within 10 business days after arrest. Get more information about saving your driver's license now before it's too late. If your arrest was in a state other than Florida, your license also may be at risk. To learn more about protecting your license if your arrest was not in Florida, visit our national map of DUI/DWI attorneys to locate a drunk driving defense lawyer in your state.
- Coral Gables
- Coral Springs
- Crestview
- Marty Knopes: Being arrested and charged with a DUI can be embarrassing as well as intimidating. The outcome of your case can have serious ramifications for your future - driving privileges, insurance rates, fines, and even the possibility of jail time. You need to hire a qualified lawyer as soon as possible to make sure that your Constitutional rights are defended and protected. From the date of arrest, you only have 10 DAYS to contest the pre-conviction administrative suspension.
- Daytona Beach
- Destin
- Keith P. Vanover: If you have been charged with a DUI, the most important move you make is consulting a competent attorney.
- Fort Meyers
- Ft. Lauderdale
- Fort Pierce
- Fort Walton Beach
- Gainesville
- Grayton Beach
- Daniel Uhlfelder: runk driving is taken very seriously in this popular and growing area, and you should contact a drunk driving defense lawyer as soon as you have been arrested. The statewide Blood Alcohol Level (BAL) limit is .08, beyond which point you can be arrested and criminally charged. First time offenders could have their license suspended for 6 months to a year, in addition to facing fines, increased insurance premiums, and the development of a criminal record. Habitual offenders may face increased fines, the revocation of their license, and even jail time.
- Hiahleah
- Jauregui and Jauregui:
Do not talk with anyone from Law Enforcement. Not answering a police officer's questions is your Constitutional right!
Do not agree to any search, or turn over anything to Law Enforcement.
Do not talk about your case with your family, friends, or anyone in jail. What you tell them can, and probably will be used against you.
Do not represent yourself. The Prosecutor on your case is an experienced attorney who knows the law better than you do.
Do not go to court without first talking to an attorney who specializes in criminal law.
Talk with your attorney and tell the attorney everything about your case. What you tell your attorney is confidential and cannot be used against you. Knowing the facts is essential to preparing a successful defense.
Identify and find any possible witnesses that may have information which is favorable to you.
Do not sign anything without talking to your lawyer.
DO NOT PLEAD GUILTY!
- Hollywood
- Inverness
- Charles Vaughn: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI 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.
- Jacksonville
- Jupiter
- Jeffrey Hap: A DUI is not a simple traffic infraction (although your arrest may be accompanied by a number of traffic violations), but a criminal offense with serious consequences.
- Key West
- Kissimmee
- Lake City
- Groland, Proctor & Fletcher: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
- Lakeland
- Scott Spivack: Of all of the field sobriety tests used by police officers to determine a driver's level of intoxication in DUI arrests, the Horizontal Gaze Nystagmus (HGN) test is the most popular among law enforcement officers for effectively determining evidence of a driver's blood-alcohol concentration (BAC). HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.
- Lake Worth
- Merten Law Office: Some jurisdictions require that the individual claiming self-defense must retreat from the threat, if possible, prior to responding with force. However, where an individual is responding to a threat using non-deadly force, there is no such duty to retreat. Most states do not require individuals to flee before acting in self-defense where there is an imminent danger of death or severe bodily harm. In addition, most states that require individuals to retreat before responding to a threat with deadly force do not require the retreat if, given the circumstances, the retreat cannot be accomplished safely.
- Largo
- Longwood
- Marathon
- Bill Heffernan: Penalties for DUI in Florida are harsh. For the first offense, there is a mandatory 8 hour stay in jail, and the driver's car is impounded. It is extremely important to retain the services of an attorney immediately after being arrested for DUI! There are two ongoing issues with a DUI citation-the punishment delivered by the courts and your driving privileges, determined by the Department of Safety. Once you have been charged, there are time constraints that immediately begin to run in regards to your driving privileges. Once you are charged, you are stripped of your driver's license. A DUI attorney can get you a temporary driving permit and a hearing as to probable cause for the stop. If you do not obtain this hearing, your driving privileges expire 10 days after arrest when your temporary permit expires. If you request a formal hearing, you can obtain a temporary license.
- Melbourne
- Miami
- Miami Beach
- Miami Lakes
- Johhny Gaspard: In our country, many people believe, The law is fallible, the truth will not set you free, and, in a courtroom, "legal justice" is an oxymoron because the two rarely coexist, and when they do, it is the product of design, not an inevitable coming together. As such, do you know what your rights are if youve been arrested? First and foremost, you need to hire a skilled criminal defense attorney to protect your rights.
- Milton
- Fitzgerald & Brooks: Your defense is about asserting and protecting your constitutional rights.
- Laura Coleman: Many of my clients have never before been charged with a crime, and face, for the first time in their lives, the possibility of jail time and/or substantial fines. In addition to the possible incarceration and fines, there can be a stigma attached to being convicted of a crime. For example, upon conviction of a felony, an individual may lose many of his or her rights, including the right to vote and the right to own a gun. Even a conviction for a traffic offense, especially an alcohol related traffic offense, can lead to a dramatic increase in motor vehicle insurance premiums that can stay with a person for several years. It is easy to see how one mistake can taint the rest of a persons life. The arrest and the charge are not the end of the matter, however. Just because you have been arrested and charged does not mean that all of the proper procedures were followed, or that everything was done correctly. Arrests may be thrown out, if done improperly. Do not give up and make a plea, just because you have been charged! There are things that can be done to protect your rights, but it is difficult for a person who does not know the system to know what they are. If you are charged with a crime, it is vital that you have capable legal counsel to guide you through this most difficult time.
- Naples
- Musca Law: Have you been arrested for DUI / DWI?
In Florida you face potentially serious penalties, including the prospect of a fine, loss of driving privileges, and even a jail sentence.
If you have been arrested for DUI / DWI, you need an experienced Florida DUI / DWI lawyer.
- Randy Merrill: In today's legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters. Like so many other areas, in law, the pace of change can be "breakneck," the details overwhelming.
- Niceville
- Ocala
- David Mengers: DUI - If you are facing drunk driving or drug charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected.
- Orlando
- Palm Harbor
- Panama City & Beach
- Pensacola
-
David Sellers: A Defendant in a criminal case has the following rights:
- The right to plead not guilty
- The right to trial by jury
- The right to be represented or helped at trial by a lawyer.
- The right to compel or make any witnesses come to trial.
- The right to be present when witnesses testify against you.
- The right to cross-examine witnesses who testify against you.
- The right to remain silent and not testify against yourself.
- The right to present any and all defenses you may have.
- The right to appeal all matters relating to the judgment, including the issue of guilt or innocence.
- James Owens: Upon arrest for a DUI, your driver license is automatically suspended. You have a right to contest this suspension at a hearing with the Department of Motor Vehicles (DMV).
- Pembroke Pine
- Barry Kaufman: The hiring of an attorney is an important decision and should not be based solely upon advertisements.p
- Plantation
- Glantz & Glantz: If you are arrested for a DUI, you should always contact an attorney. Even if you think you are guilty, sometimes an attorney can find ways to have the charge reduced or altogether dismissed. In Florida, a first offence for DUI requires a mandatory conviction. This means it will always be on your record. Therefore, it is important to ask an attorney about your chances to win a DUI case before you go to Court.
- Ponte Verdra
- Malcomb Anthony: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
- Port Orange
Greg Johnson: If I'm stopped by a police officer and he/she asks me if I've been drinking, what should I say? You are not required to answer potentially incriminating questions. There are basically three acceptable alternatives, each with its own potential consequences. One approach would be simply to ask, "Why are you stopping me, Officer?", even if it is at a sobriety checkpoint. When the officer asks, "Have you had anything to drink this evening?", simply say, "Officer, I do not wish to be delayed. Please do not delay me. I want to drive home". If the officer has no other basis to ask you out of the car, you will be on your way. A polite, "I would like to speak with an attorney before I answer any questions", is also an appropriate reply. If you start with that answer, we suggest that you keep on giving that answer until you have consulted with an attorney. A third reply - where appropriate (that means "true") -- might be saying that you had one or two beers. That would not be incriminating as they are not usually sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. However, it would be sufficient cause for the officer to have you take a field sobriety test.
- Port Richey
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K.L. Foote:
Do You Know About the 10 Day Rule?
If you have been charged with driving under the influence in Florida, it is imperative that you contact an experienced DUI / DWI defense attorney right away. Certain probative guidelines like the “Ten Day Rule” may apply to you.
Suspended License and DUI / DWI Arrest Lawyer
For example, if you are arrested and refuse to take the Field Sobriety Test (FST), the Breathalyzer, or Blood Alcohol Concentration (BAC) test, or if you take the Breathalyzer and your blood-alcohol concentration is higher than .08, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will administratively suspend your driver’s license.
You can challenge this suspension if your Attorney requests an Administrative hearing before the DHSMV within ten days of arrest. However, if you fail to act within this time frame, you will lose your opportunity to challenge the suspension, and you could lose your license for up to eighteen months.
On the other hand, if you have an experienced Florida DUI / DWI defense attorney on your side, you will have all potential penalties and liabilities addressed. In addition, your attorney may have already negotiated with the prosecutor to reduce the charges against you.
Unfortunately, many people face a criminal justice system that is armed with seemingly unlimited resources to convict violators. While it is true that some people are stopped without proper authority, are subject to fallible sobriety tests, and arrested because of inaccurate Breathalyzer readings, none of it matters without challenging the State’s evidence effectively.
- Port St. Lucie
- Steven Glucksman: If you are facing a criminal charge, a family crisis, a serious injury, or contemplating a business venture, you need someone with experience in these areas to guide you to the light at the end of the tunnel.
- John Anastasio: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .10 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .10 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .10 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit.
- Sarasota
- St. Augustine
- St. Petersburg
- St. Pete's Beach
- McDermot Law Office: If you had a reading of .08% or above or refused to submit to a breath test, the officer can suspend your license right there at the scene. This is a suspension by the Department of Highway Safety and Motor Vehicles, which has nothing to do with possible suspensions by the Court if you are convicted of DUI (DRIVING UNDER THE INFLUENCE).
- Stuart
- Sunrise
- Elena Perez: You should contact an experienced attorney immediately if you are arrested for or charged with a crime! Even good people can find themselves involved in a criminal charge or investigation. You must know what your rights are in order to fully protect yourself. Most importantly, everyone charged with a crime has the right to a defense.
- Tallahasse
- Tampa
- Taveras
- Graves & Spivey: With the effective assistance of counsel, you can:
- Impanel a sympathetic jury
- Challenge a police officer's testimony
- Move the court to suppress illegally obtained evidence against you
- File timely motions
- Ask proper questions
- Raise appropriate objections
- Confront the prosecution's witnesses
- Negotiate acceptable deals and pleas with the prosecution
- Move for a lighter sentence
- Titusville
- Kurt Erlenbach: If you have been charged with any type of driving violation-from the least serious to the most serious-you need expert representation.
- Vero Beach
- John Power: The hiring of a lawyer is an important decision that should not be based solely on advertisements.
- West Palm Beach
- Winter Park
- Winter Springs
- Jacobson, McClean, Chmelir & Ferwerda: DUI or Driving Under the Influence results in a criminal charge as well as action against your driver's license through the department of motor vechicles. In the criminal court you could be sentenced to up to 6 months of jail for a first offense and a third offense can be punishable by up to 5 years in state prison. Additionally, the Department of Motor Vehicles could suspend your Driver's License for a period of 6 months to life depending on your driving record. The DUI laws are complex and subject to change by the State Legislation. An arrest for DUI can have very serious consequences. Your license may already be suspended if you refused to submit to the tests the officer "asked" you to do or if your blood alcohol level was .08 or higher. It is very important to know that you only have 10 days from the date of your arrest to challenge this administrative suspension. You must request a hearing within this 10-day period. You need to know the Florida dui laws in order to protect your rights.
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