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Melbourne DUI Lawyers

• Ronald Ecker: If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.
• Curtis Flajole: Penalties for DUI Conviction Based on Driver's Blood-Alcohol Concentration Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI). There are two situations when a driver can be arrested and convicted for DUI: 1. When the driver is unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g., painkillers) or over-the-counter medications (e.g., antihistamines); or 2. When the driver is operating a vehicle above the state's set blood-alcohol concentration (BAC) standards. A driver's first DUI conviction is normally charged as a misdemeanor, but may increase to a felony in some states if someone was injured or if it is a repeat offense. For example, DUI may be charged as a felony in California if the accused has three or more prior DUI convictions.
• Morgan & Barbary: Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws that prohibit drivers under twenty-one years old from having any measurable amount of alcohol in their blood system. As the legal limits decrease, so do your chances of being charged with drunk driving if you choose to drink and drive. If you've been arrested for drunk driving, you need the skill and expertise of an experienced drunk driving attorney to see you through the complicated legal maze that awaits you.
• James Kontos: In today's society, a vehicle is a necessity. If you have been stopped for DUI, there are many things that you need to do before appearing in front of a judge. Your best shot at being able to continue driving and avoiding jail time is to take quick action and contact an experienced attorney. ...there is more to think about than the court date, which will probably be scheduled months after your arrest. Other proceedings threaten your ability to continue driving. The Department of Motor Vehicles begins the process to suspend your license immediately after you are arrested. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. (This 10-day period includes weekends and holidays.)
• Ronald Ecker: The laws surronding Driving Under the Influence are unique and ever changing. It is important to have an attorney that understands this complex area of law and keeps up with the changes to ensure quality representation. If you have been arrested for the crime of Driving Under the Influence, the State has already administratively suspended your drivers license for either 6 months, if you blew over .08 on an approved breath testing machine, or 12 to 18 months if you refused a breath test. This suspention must be challenged with 10 days of the arrest or the challenge is waived. It is important to act quickly to protect your right to drive. The administrative suspention is only the beginning of the maze that one finds themselve in when arrested for DUI. The State has legislated mandatory punishments for anyone convicted of DUI, and the punishments get more severe for repeat offenders. These mandatory punishments include jail time (repeat offenders), probation, fines, community service, driving school, driver license suspension and impounding of your car. In addition to the substantial punishment provided by law many insurance companies will drop your coverage based on a DUI and those companies that will insure you will only do so at a greatly increased premium. As bad as all this is it doesn't even address the personal embarrasment from friends and business assosciates who may learn of the arrest in the paper or because you have to rely on them for transportation since your car is impounded and your license suspended. It is easy to see how importatant it is to protect your rights and have a lawyer that can fight to help you avoid the stigma and punishment that comes with a DUI conviction.
• Mario, Moreau, Gunde and Powell: Because many people get confused about the administrative remedies available when a drivers license is taken and because most people are also facing the criminal charges of DUI in addition to the administrative suspension of their license, it is strongly recommended that you consult with an attorney experienced in handling DUI and drivers license suspension cases.
• Golub & Segal: If you have been charged with a DUI, read the back of your ticket, you have ten (10) days, from the date of your arrest, to file for a formal review hearing.
• Mark Gager: The most common means of proving impairment is by breath test which theoretically determines the percentage of alcohol in your blood. When arrested for DUI, the police will request you submit to a breath test. If your blood alcohol content is at least .08% or if you refuse to submit to a breath test, then the police take your license on the spot. For people under 21 years of age .02 is the legal limit. Your DUI citation will serve as your temporary permit to drive but only for a period of 10 days. After that your license will be suspended and you will not be eligible for an employment permit for an additional 30 days if you take the breath test or 90 days if you refuse the breath test. This can be contested before the Department of Motor Vehicles.
• Steven Casanova: Like anything else in life, practice makes perfect; but, when it comes to the FIELD SOBRIETY TESTS (FST's), there really is no way to practice.
• Crutchfield & Saxon: Many people drink alcoholic beverages at social gatherings or during evenings out on the town. Most are responsible drinkers who would never intentionally drive drunk. Yet, numerous "social" drinkers are caught up in the legal system each year--charged with Driving Under the Influence (DUI).
• Robin Lemonidis: By accepting the privilege extended by the laws of this state to operate a motor vehicle, and upon your arrest for DUI or any DUI-related crime, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs. However, you may refuse to take such tests -- unless you are involved in an accident involving serious bodily injury or death to another human being.