Misdemeanor DUI – Felony DUI

 

The Classic Police Opinion Crime!

You can legally drive after your arrest, however time is limited. You must request a formal review hearing within the first 10 days of your arrest. I will extend your drive time for approximately a month and a half after your arrest at no charge.

No one plans to get behind the wheel of a car with the intent to commit a crime. However, if a police officer pulls you over and you have even one alcoholic beverage, there is a good chance you will be arrested for DUI.

Most cases hinge on the “opinion” of impairment by law enforcement. It is clearly an opinion based on their observations – that’s it! Do you honestly think their opinion of your behavior is more accurate then yours? There are many reasons for their opinion, many of these reasons are flawed because of basic human nature.

In some cases, law enforcement will rely on a breathalyzer machine which has been proven to be a flawed process. This is because, the time it takes from the original arrest to when they transport you to the police station, then test you,  a persons alcohol level changes. Another imperative issue with this form of testing is that, many times this machine is not calibrated correctly. These are just two examples, as well as an entire host of other issues that can and should be explored.

I am a licensed DUI instructor with vast legal experience and have successfully represented hundreds of DUI cases that have resulted in reduced or dismissed charges.

DUI Penalties

According to Fla. Stat. § 316.193, a DUI can result in misdemeanor of the first degree.

If an individual is convicted of a DUI offense, there is a vast array of penalties.

In addition to the preceding criminal penalties, a person convicted of this offense can receive a criminal record and an automatic driver’s license suspension for up to two years without being eligible to receive a provisional or work-related license for the first year.

Direct and Collateral consequences of a DUI charge can include:

  • Increased automobile insurance
  • Denial of certain jobs
  • Ineligibility to receive certain government aid
  • Denial of certain educational opportunities or scholarships, and/or
  • Ineligibility for certain housing.
  • Fined up to $1000.00
  • Court costs between $300 to $500 depending on county of offense
  • 10 day vehicle immobilization
  • Probation for up to a year
  • 12 hour driving school plus follow up evaluation and additional counseling
  • Loss of drivers license for up to a year
  • Possible incarceration for up to 6 months
  • 50 hours of Community Service

If there is an accident or a minor traveling in your vehicle or the breath level is above a .15 in this  DUI there are enhanced penalties that additionally include:

  • $1000.00 fine
  • longer probation
  • A 6 month interlock device that requires you to blow into a machine attached to your vehicle before the vehicle will operate

If this is your second DUI the above applies and

  • 21 hour driving school plus follow up evaluation and additional counseling

If this is your second DUI within 5 years the above applies and:

  • Mandatory 10 days of jail

3rd DUI or more

This is a much more serious case. If the prosecution finds out that this is your third DUI or greater, then all the above penalties apply and chances are good that you will be charged with a felony. In many cases this could result in a rather lengthy prison sentence and a convicted felon status.

Defenses to DUI

These cases require a vigorous defense. They also require administrative procedures that must be executed within 10 days of your arrest or you will lose your driving privilege. Most cases hinge on the opinion of impairment by law enforcement.  It is clearly an opinion based on their observations – that’s it! I am a licensed DUI instructor with vast legal experience and have successfully represented hundreds of DUI cases many resulting in a not guilty, reduced or dropped charges.

Call me direct, I will answer all your questions.
(954) 522-3205

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