In DUI Defense, the more complicated the matter, the more likely it is to offer ways to challenge.
The fact is not everyone arrested for DUI gets convicted of DUI.
- Law enforcement officers only required probable cause to believe that you committed the offense of DUI in order to arrest. However, the Government must be able to prove every element of the charge against you beyond and to the exclusion of a reasonable doubt by the use of admissible evidence in order to convict.
- Depending on the facts of your case, Motions to Dismiss and/or Motions relating to the suppression of evidence to be used against you may be appropriate. There may be Motions relating to the legality of the stop, the sufficiency of the evidence, the use of statements, the use of breath/blood results, the use of prior convictions, to name a few.
- A properly prepared DUI Defense tailored to the unique facts of your case may lead to a dismissal of the charge, a reduction of the charge and/or penalties. Even acquittal.
- A DUI charge is not something you want to deal with on your own. You need to speak to an experienced DUI Attorney. I have represented people accused of DUI for over 20 years in Central Florida. Consultation is free and confidential.
Give me a call and lets discuss your side of what happened, as well as the strengths and weaknesses of the case against you, and from there explore the possibilities.
DUI AND THE COMPLICATIONS THEREOF
If you, a family member or friend are accused of, or charged with DUI, you should seek the advise of an experienced DUI lawyer. I have personally represented people accused of DUI for over 20 years in Central Florida. Consultation is free and confidential.
DUI also known as “Drunk Driving” became a popular target crime. A public outcry facilitated by so called private citizen groups, insurance companies and Politicians. The Florida legislature has over many years joined in that endeavor by continually introducing changes specific to this area of Law.
Basically DUI consists of: Driving or in actual physical control of a vehicle within the State of Florida while under the influence of alcohol or other substance to the extent that the “normal faculties” of the driver are impaired.
The complications begin with the inclusion of the Division of Motor Vehicles (DMV). There is an administrative proceeding that may apply, separate from the Courts. Generally, upon arrest for DUI and if it is alleged that you refused a Breath test or you took it, and scored at least .08. DMV may suspend your Drivers License. YOU ONLY HAVE 10 DAYS in which to challenge that suspension or you will waive that right.
The legislature imposed mandatory minimum sentencing and ranges specific to DUI on the Courts. Prior convictions, Scores relating to blood alcohol or substance, the presence of a minor, accidents, and injury, may affect the mandatory minimum and sentence range. The Court may not go lower than the minimum as long as the charge remains DUI.
DUI is complicated by the attempted use of quasi-scientific testimony as well as so called scientific testing results. Breath/Blood of at least .08 may create a rebuttable presumption as to impairment. Typically some form of video will also be in use.
DUI can range from a misdemeanor to a felony. DUI can also have ramifications outside the Court system in terms of the cost of car insurance, job opportunity, and professional licenses.
- Florida Statute 316.193 -- Driving under the Influence
- Florida Statute 316.1932 -- Tests, implied consent
- Florida Statute 316.1933 -- Blood tests in case of death or serious bodily injury
- Florida statute 316.1934 -- Presumption of impairment, testing methods
- Florida Statute 322.2615 -- Suspension of License, right to review
The following is a general outline regarding Mandatory minimums and sentence ranges. The Mandatory minimum sentences and ranges can also be affected by factors such as accidents with property damage, accidents with serious personal injury or death, .15 or above breath/blood results and the presence of a minor in the vehicle. You should rely Florida Statute 316.193 as to current penalties.
1st DUI- up to 6 months jail, up to 12 months Supervised Probation, minimum $500 fine up to $1000 fine. Complete DUI School and any further treatment recommended, 50 hours community service, 10 day vehicle impoundment, minimum 6 month DL suspension up to 12 months.
(At least .15 breath/blood or minor in the vehicle enhanced minimum as to jail term range to 9 months, fine minimum $1000 up to $2000 and/or use of interlock device not less than 6 months)
2nd DUI outside 5 years of the prior conviction, --up to 9 months in jail, up to 12 months Supervised Probation, minimum $1000 up to $2000 fine. Complete the DUI School and any further treatment as recommended, 10 day vehicle impoundment, and mandatory interlock device at least 1 year. Drivers license suspension 6 months to 12 months.
(At least .15 breath/blood or minor, minimum fine $2000 to $4000, the jail range is raised to 12 months)
2nd DUI within 5 years of the prior conviction, minimum 10 days up to 12 months jail, up to 12 months Supervised Probation, minimum $1000 up to $2000 fine. Complete DUI School and any further treatment recommended, 30 day vehicle impound, 5 year Drivers license suspension.
(At least .15 breath/ blood score or minor in car may include enhanced fine Minimum $2000 up to $4000, Mandatory interlock device not less than 2 years)
3rd DUI outside 10years of prior conviction- up to 12 months jail, up to 12 months Supervised Probation, minimum $2000 fine up to $5000 fine, Complete DUI School and any further treatment ordered, 10 day vehicle impoundment, mandatory 2 year interlock. 6 month up to 1 year DL suspension
(At least.15 breath/blood score or minor in car enhance minimum $4000 fine)
3rd DUI within 10 years of prior conviction- Felony – minimum 30 days in jail up to 5 years prison, up to 5 years Supervised Probation, complete DUI School and any further treatment ordered, 90 day vehicle impoundment, mandatory 2 year interlock device, 10 year DL revocation.
(At least .15 breath/blood score or minor in car, minimum $4000 fine)
4th DUI and above-Felony- up to 5 years prison, up to 5 years Supervised Probation, minimum $2000 fine up to $5000, complete DUI School and any further treatment ordered, impound or immobilize all vehicles, mandatory interlock 2 years, permanent revoke DL.
(At least .15 breath/blood or minor in car minimum $4000 fine)