D.U.I.

Driving Under The Influence

How Strong is Your Case?

During the course of a Florida DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your Florida DUI case.  What many people refer to as a "technicality" or "loophole", is actually a way of using the constitution to protect your rights.  The following is a list of questions which can dramatically impact the outcome of your case.  If you answer yes to any one of them, you owe it to yourself to call for a free consultation.

• Did the officer tell you that your license would automatically be suspended if you refused a breath test?
• Did the officer fail to tell you that you had the right to a lawyer before taking any roadside tests?
• Did a police officer tell you to "keep blowing" during the breath test?
• Were you stopped for any of the following reasons: Speeding, Weaving, Failure to Maintain a Single Lane, Obstruction of Traffic?
• Do you suffer from any injuries or illnesses which might affect your balance?
• Were you involved in an accident in which you suffered any injuries?
• Did the officer mistake nervousness or exhaustion for intoxication?
• Were roadside sobriety tests conducted on a surface that was not flat, dry and well-lit?
• Did the officer fail to observe you for 20 minutes immediately prior to the breath test?

What About The Breath Machine? 

Breath Tests Are Often In Error Or Illegally Obtained

“Can you beat the breath machine?”  The most simple answer is “yes” the breath machine can be beaten.  The following is a list of some questions that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence. 

• Did the officer observe you for a period of 20 minutes prior to taking the breath test?
• Did the officer tell you to “keep blowing” during the breath test?
• Did the police officer have his/her radio on during the breath test?
• Was the initial stop by the officer unlawful?
• Was the arrest by the officer unlawful?
• Was the machine properly calibrated?
• Were you absorbing alcohol or eliminating alcohol at the time of the stop?
• Did you finish drinking just prior to being pulled over?
• Is your body’s partition ratio above or below 2100:1?

Penalties

Florida Has Some of the Toughest D.U.I. Penalties in the Country

• D.U.I. laws provide for immediate suspension of your driver's license upon arrest, in most cases
• By filing for a hearing within 10 days of arrest, we may very well be able to reinstate your license

Zero Tolerance for DUI

Drivers under the age of 21 with a blood alcohol level of .02% or more will have their license immediately suspended for six months. This administrative action is for a first offense; a second offense will result in a one year suspension. Refusal to submit to testing (first offense) results in a suspension of twelve months; eighteen months on a second offense.

If You Are Convicted of D.U.I.

• You will have a permanent criminal record for the rest of your life
• Your license will be revoked
• You will be placed on probation
• You will have to complete substance abuse classes
• You face possible jail even on the first offense
• A D.U.I. conviction often results in higher insurance premiums for years to come
• If you are not a U.S. citizen, a D.U.I. conviction can result in deportation
• If this is a second offense or more you could face mandatory jail
• If this is a third offense or more you could face a felony conviction and up to 5 years in prison

IF YOU REFUSE A BREATH TEST YOU COULD FACE UP TO A YEAR IN JAIL!

If you have recently been charged with D.U.I. please do not hesitate to call for a free Consultation.