2013
Common Questions about DUI Charges
Adam Frankel / 0 Comments /Will I spend time in jail?
This depends on many things. Even a first DUI offense is punishable by jail time. Many of our clients who are charged with a first DUI never return to jail after being arrested. The chance of going to jail increases after multiple DUI offenses. For example, if you get convicted of a second DUI that occurred within five years of your first DUI, Florida Law requires that you spend a minium of 10-days in jail. These penalites can increase the more convictions for DUI you have. The Judge ultimately makes the decision on the sentence. An experienced attorney will know a common sentence that is handed out in your situation. We can tell you what to expect and that only comes with experience.
What happens to my drivers license?
On most occasions, the law enforcement officer will take your driver’s license and suspend it upon an arrest for DUI. The length of that suspension will depend on if you provided a breath test and if you have prior DUI convictions and/or prior refusals and/or prior breath tests above the legal limit. However, most of the time, law enforcement will give you a DUI citation which will act as your drivers license for 10 days.
We can file a request with the DMV to contest the suspension of your license. However, you must act now, we only have 10 days from your arrest date to request this hearing! Once we file our request, we will obtain a temporary driving permit for you to continue to drive to and from work. If we are successful at the hearing, your drivers license will be returned to you. If not, we will assist you in securing a hardship license to continue to do any necessary driving to maintain your livelihood.
What about the breath test?
Once you have been placed under lawful arrest for DUI, law enforcement will request that you submit to a breath test. The legal limit in Florida is .08. If you take the test and give a breath sample above the legal limit, that does not mean you can not be convicted of DUI. That means you need to contact our our office and discuss you case and the possible defenses. There are a number of factors which may invalidate the breath results. A seasoned DUI attorney is familiar with these and quick to raise them in defense of his client.
Do you have a Strong Case?
Many people arrested for DUI often ask “Do I have a strong case?” The answer is different for everyone because no two cases are the same. For answers regarding the facts of your case, you should consult an attorney. You actually have two cases to deal with: one at the DMV over your driver’s license and another at the courthouse to contest criminal charges. The most important thing you need to know now is to act fast. You have ten days from receiving notice of suspension of driver’s license to put in an appeal with the DMV. You also need to contact a strong and effective DUI attorney to represent you at the DMV hearing and in the criminal court.
Is there any way to defend my case?
Many cases have viable defense possibilities – many more than most people realize. The administration of the BAC test can be in question, as well as the initial reason that you were pulled over. Did law enforcement violate your rights? Moving quickly, immediately after the arrest, will give your attorney time to review the evidence and seek out the options for your defense.
Are there alternatives to jail time?
Florida Law provides that some individuals can avoid a jail sentence by attending a residential treatment facility. This is a option that should be explored early on in the case. The Judge will have the final say so on any sentence that is imposed.
How do I know what attorney to choose to defend me?
It is important that you have legal counsel with extensive experience in defending DUI offenses. An attorney that rarely addresses these cases is not likely to have all the resources needed to defend a case, or may not even know the possible defenses.
