DUI Defense

If you have been arrested for DUI, the first question is whether it is a felony or a misdemeanor. 
In Florida,there are 3 types of FELONY DUI'S:

1) DUI Manslaughter

This occurs when somebody is killed as a result of the drunk driver.  Naturally, this is the most serious kind of DUI.  It is a 2nd degree felony, punishable by up to 15+ years in prison. 

2) DUI Serious Bodily Injury

This occurs when somebody (other than the alleged drunk driver) is seriously injured as a result of the crash.  The statute defines 'serious bodily injury' as an injury which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.  In normal terms, this means the injury has to be very serious to quality for this.  This is a 3rd degree felony punishable by up to 5+ years in prison.

3) Felony DUI (priors)

In Florida now, a 3rd DUI can be prosecuted as a felony.  It is within the prosecutors discretion to charge these cases as felonies or misdemeanors.  If it is your 3rd or 4th, it is possible to negotiate with the prosecutor and have this treated like a misdemeanor.  A felony DUI (priors) is a 3rd degree felony prosecuted by 5+ years in prison.

The more common type of DUI in Florida is the MISDEMEANOR DUI. 

In Florida the law says you are guilty of DUI if you drove or were in actual physical control of a vehicle , while under the influence of alcoholic beverages , chemical substances, or controlled substances to the extent that your normal faculties were impaired OR whole having a breath or blood alcohol level of .08 or higher.

Basically this is broken down into 2 situations:

• Situation 1
  You agreed to take a breath test.  A common misunderstanding here is that people think if you blow under a .08, then you get to go home.  In Florida, you take the breath test AFTER you have have been arrested so even if you blow under a .08, you will be going to jail.  Of course, it is unlikely you will be convicted of DUI in the court room  If your breath or blood alcohol level was over a .08, the state only has to prove this to convict you. 
  
  
• Situation 2
  You refused to take the breath test.  In these cases, the State will try to convict through other evidence such as your driving pattern, your physical characteristics, your speech, your statements, and/or how well you do on field sobriety exercises. 

Penalties:

If you are convicted of a DUI and it is your first time, the Court must sentence you to:

• Probation
• DUI school
• MADD impact class
• Fine + court costs totaling usually around $800
• Community service
• License Revocation (6 months if you took the breath test, 1 year if you refused)
• In some cases, your car will be impounded for 10 days.
• If you blew over a .20, these penalties can be enhanced. Also, you will usually have to have an interlock device installed into your car.  An interlock device is a device that you blow into before you start your car.  These devices are expensive. 
• If your DUI is a 2nd within 5 years, on top of all these penalties, there is a mandatory 10 days of jail time.  A prosecutor does have the discretion with this penalty unlike the others.

WHAT ABOUT YOUR DRIVERS LICENSE?
Independent of what the Prosecutor and Court will do, your license will be suspended immediately by the Florida Department of Motor Vehicles.  From the day you get pulled over, you have 10 days to contest this by electing to have a formal or informal hearing with the DMV.  If you fail to contact the DMV within those 10 days, your license will be suspended for 30 days (if a breath test was taken and it was over a .08) or 90 days (if you refused).  After this time, you may be eligible for a hardship license. 

DEFENSES:
There are many possible defenses to be explored in DUI cases.  Some of the defenses that the lawyer could explore are:

• whether the officer had reason to stop the vehicle
• whether the officer had reason to ask you out of the vehicle
• whether the officer properly administrated the sobriety tests
• whether the officer observed you for the proper amount of time before taking the breath test
• whether the breath test instrument was valid
• whether you said anything that they can use against you
• and many more.

There are more issues in a DUI case than most murder cases, or any case for that matter.  We have handled hundreds of DUI cases and gotten excellent results in many of them.  We are experienced in DUI trials and all pre-trial phases.  In simple terms, what the lawyer is usually hoping to accomplish in these cases is to get it reduced from a DUI to a reckless driving without a license suspension. 


Contact us about your legal matter today!