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Lakeland DUI Lawyers

1. Vanderzee Law Firm: Criminal Defense * DUI & Traffic Offenses * All Misdemeanors & Felony Cases
2. Grajeck, Thomas: DRIVING UNDER THE INFLUENCE DUI/DWI DUI is a serious criminal offense that can affect your freedom, employment, and insurance rates. DUI in Florida carries certain mandatory penalties. Most importantly, when you were arrested for DUI, the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV) suspended your license for a period of 6 months to 18 months depending on the facts of your case, whether you blew over .08 or refused the Breath Test, and your prior driving history. The DUI citation the officer issued is your temporary driver's license for the next 10 days, if you are otherwise eligible. After the 10 days, the administrative suspension of your driver's license is effective. YOU HAVE A RIGHT TO TO HAVE A HEARING ON WHETHER THIS SUSPENSION IS UPHELD OR INVALIDATED. YOU MUST APPLY FOR THE FORMAL REVIEW HEARING WITHIN 10 DAYS OF YOUR ARREST. It is important that you have an experienced criminal defense lawyer represent you at the Formal Review. The Formal Review can be a valuable discovery tool to help prepare your case for court and for trial. Some of the mandatory penalties for a first-time DUI conviction are: bullet Adjudication of Guilty so you are convicted and can not seal or expunge any arrest bullet 6 month driver's license suspension (independent of the DHSMV suspension) bullet 50 hours community service bullet Fine and court costs bullet Attend DUI school bullet Attend the Victim Impact Panel (VIP) bullet A period of supervised probation bullet Vehicle impoundment/immobilization for 10 days - many times I can get this condition deleted for my clients There are many important factors in a DUI case: bullet Is the Breath Test admissible in court? bullet Can the Breath Test results be excluded or thrown out? bullet Is there a videotape of my arrest? bullet Do the police have to videotape my arrest? bullet How do I look on the video? bullet Can the Field Sobriety Exercises be used against me? bullet What is the Horizontal Gaze Nystagmus? (pen and eye exercise) bullet Did the officer have to read me my rights (Miranda) at the roadside? bullet Did I have the right to an attorney at the time the police asked me to take the Breath Test? bullet I was an accident, what is the Accident Report Privilege and how can that help my case?
3. Cohen & Best: The ramifications of a DUI arrest and conviction may be severe. Almost immediately after a DUI conviction your driving privileges may be at stake. An unsuccessful administrative hearing could lead to you loosing you drivers license for a period of six months to one year (if you refuse a breathalyzer test). Individuals who's livelihood depends upon your ability to operate a motor vehicle may be immediately put in jeopardy. Adding insult to injury, your auto insurance rates may significantly rise or your policy cancelled.
4. Cheatwood, Gail: * Important Notice * After a person has been arrested for a DUI Offense, they have 10 (ten) days from the date of arrest to request an administrative hearing with the department of motor vehicles. Contact our office to allow us to fill out the necessary forms to request a temporary hardship permit. That one moment where you decide to put your key in the ignition could damage your reputation and career forever. Facing DUI charges in Florida is a serious matter, which requires a serious DUI Defense Attorney. While it is not illegal to drink alcohol and drive, it is illegal to drive Òunder the influenceÓ or "while intoxicated" when your ability to operate a car has been affected by alcohol or drugs, such as when you can no longer judge distances or react to emergencies while driving. With regards to drinking and driving, the legal limit is currently set at a 0.08% alcohol to blood ratio. DUI is a criminal traffic offense, the penalties for which are more and more severe each time there is a conviction. For example, a first-time DUI conviction doesnÕt require jail time as part of the sentence. But a second-time DUI conviction within five (5) years of the first requires a minimum of ten (10) days jail. You should also know that DUI can be charged as a felony under certain circumstances. And, if arrested for DUI, your Florida Drivers' License can be suspended by the Florida Department of Motor Vehicles. A dropped or dismissed Driving Under the Influence, (DUI), charge can sometimes hinge on one important detail. A qualified Lakeland DUI Defense Attorney - Lawyer at Gail Cheatwood will perform thorough investigations to find answers to these and other important questions: # Were the blood or breath test results accurate? # Were the breath test results compromised in any way? # Were field sobriety tests performed according to protocol? # Did the arresting officer have probable cause to pull over the vehicle? # Did the arresting officer report all details accurately? # Was the defendant exhibiting impaired driving? # Were the defendantÕs constitutional rights violated?
5. Martinez, John: When you've been charged with a crime, your freedom is at risk! Felonies, misdemeanors, DUI (driving under the influence), drug charges, weapons charges, assault and battery, and other crimes are serious offenses. You need a criminal defense lawyer who will stand up for your rights and defend you to the fullest extent. Your defense attorney should have experience, wisdom, and determination.
6. Kaylor Law Group: DUI Drivers License Suspensions in Florida As a result of your DUI arrest, your Driver License is subject to two separate suspensions and it is important that you know the difference between each type of suspension. :: The first is known as an Administrative Suspension. :: The second is known as a Criminal Suspension. Most importantly, it is imperative that you are aware of Florida's Ten Day Rule regarding your right to fight the Administrative Suspension. Administrative Suspension The first Driver License suspension you are subject to is known as an Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either 1. Refused to submit to a breath, urine or blood test, or 2. Submitted to a breath, urine or blood test and your blood alcohol level was found to be .08 or higher. If you refused to submit to a BAC/BAL test, or if your BAC/BAL was over .08 your Driver License will be suspended for either 6 months, 1 year, or 18 months from the date of your arrest. If your license is suspended for either reason, you will be issued a temporary driving permit that expires at midnight on the 10th day following the date of your arrest. :: DUI Penalties in Florida Why is it important to know the penalties for DUI? So that you know why you must fight the DUI charge. If you don't fight the DUI charge, you will lose your drivers license privilege, be placed on probation, perform 50 hours of community service, pay a substantial fine, have an ignition interlock device placed on your vehicle, have a permanent criminal record, be subject to increased insurance premiums, and be adjudicated guilty. DUI Penalties Criminal DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. In addition to the criminal penalties for driving under the influence, you are also subject to administrative penalties by the Department of Highway Safety and Motor Vehicles, and to financial and personal collateral consequences. Below are DUI penalty charts for the most common DUI offenses. :: First DUI :: Second DUI Within Five Years of First Conviction :: Second DUI Outside of Five Years of First Conviction :: Third DUI Within Ten Years of First Conviction :: Fourth DUI Charged as a Misdemeanor :: Fourth DUI Charged as a Felony The following information may not contain all possible penalties for DUI offenses. Furthermore, given the frequent legislative changes concerning DUI law, visitors are urged not to rely solely on these charts. The specific and most current DUI penalties may be found in Section 316.193, Florida Statutes. You should contact The Kaylor Law Group concerning your particular case. ...back ...back Florida's Ten Day Rule You only have 10 days from the date of your arrest to request a formal review hearing with the Department of Motor Vehicles to contest the Administrative License Suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for either 6 months, 1 year, or 18 months depending on the circumstances. It is important to contact us within the 10-day period. If a formal review hearing is requested within the mandatory 10 days of your arrest, you will be issued a temporary license that is good until seven days after the hearing. The hearing will be set approximately 30 days after your arrest. At midnight of the 7th day after the hearing, however, until we either receive notice that we won, or if the suspension is upheld, your license is suspended. Otherwise, you only have 10 days to drive after you are arrested using your citation as a driving permit. Obtaining a Hardship Driver License If The Kaylor Law Group is unable to successfully challenge the administrative suspension, you may still be eligible for a hardship license. To be eligible for a hardship license you must: (1) enroll in a DUI School, (2) serve the first 90 days of your one year of the administrative suspension, and (3) provide proof of enrollment in a DUI school to your local DHSMV Administrative Review Office. The review office will then process your hardship license application. If the review office gives you approval to reinstate your license early for hardship purposes, you must then present this approval to your local driver license office. Finally, you must complete the DUI school within 90 days of being given the hardship license. Failure to complete the DUI school will result in cancellation of your hardship license until the DUI school is completed. At the time of your license reinstatement you must take the required examination, and pay a $115 administrative fee and a $35 reinstatement fee and any license fee required. Additionally, proof of liability insurance on the arrest date, proof of current liability coverage, and a $15 reinstatement fee will be required. Criminal Suspension As previously mentioned, there are two suspensions involved with a DUI charge, the administrative suspension and the Criminal Suspension. Unfortunately, if you are eventually convicted of DUI, another mandatory 6 or 12 month suspension begins on the date of conviction and the judge will suspend your hardship license. Therefore, if there is a strong possibility of a DUI conviction, it may not be worthwhile get your hardship license until the Criminal Suspension has been imposed. Otherwise, you would then have to pay another $60 to reinstate your hardship license. However, you would not be required to re-enroll in the DUI school. Nevertheless, if you eventually beat the DUI, your license will not be suspended a second time and you will only have to complete the administrative suspension. Criminal Suspension Periods Depending on the degree of DUI you are charged with, the following criminal suspension periods would be imposed if eventually convicted. After that are the eligibility requirements for a hardship license if your were to experience a Criminal Suspension. 1. First Conviction: Minimum 180 days revocation, maximum 1 year. 2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as ÒAÓ above. 3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as ÒAÓ above; one conviction more than 10 years prior and one within 5 years, same as ÒBÓ above. 4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. 5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. 6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as ÒB-DÓ above. Eligibility for Hardship License Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension. :: First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of .20 or higher, effective 07/03. :: Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03. :: Second Conviction Within 5 Years: (5 Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. :: Third Conviction Within 10 Years: (10 Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years, effective 07/03. :: DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met: (1) Has not been arrested for a drug-related offense for at least 5 years prior to the hearing; (2) Has not driven a motor vehicle without a license for at least 5 years prior to the hearing; (3) Has been alcohol and drug-free for at least 5 years prior to the hearing; and (4) Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). :: Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course. First Offense DUI Penalties Minimum Penalty Maximum Penalty Fine * $250 $500 * If BAC >= .02; Or a minor was in vehicle $500 $1000 Probation One Day Six Months * if BAC >= .02; Or a minor was in vehicle Day of Arrest Nine Months License Suspension 180 Days One Year Impoundment Mandatory Ten Day Period Ignition Interlock Device None Six Months Other Penalties 50 hours of community service. Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Additionally, local custom requires completion of a Victims Awareness Class. Second Offense Within Five Years of First DUI Conviction Minimum Penalty Maximum Penalty Fine * $500 $1000 * If BAC >= .02; Or a minor was in vehicle $1000 $2000 Probation One Day One Year Jail Time * Ten Days Nine Months * if BAC >= .02; Or a minor was in vehicle Ten Days Twelve Months License Suspension Five Years Impoundment Ten Days; 30 Days if Second DUI Within Three Years Ignition Interlock Device For a Minimum of One Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Second Offense More Than Five Years From First Conviction Minimum Penalty Maximum Penalty Fine * $500 $1000 * If BAC >= .02; Or a minor was in vehicle $1000 $2000 Probation One Day One Year Jail Time * Day of Arrest Nine Months * if BAC >= .02; Or a minor was in vehicle Day of Arrest Twelve Months License Suspension 180 Days One Year Impoundment Mandatory Ten Day Period Ignition Interlock Device For a Minimum of One Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Third DUI Within Ten Years of First Conviction Minimum Penalty Maximum Penalty Fine * $1000 $2500 * If BAC >= .02; Or a minor was in vehicle $2000 $5000 Probation One Day One Year Jail Time * 30 Days Twelve Months * if BAC >= .02; Or a minor was in vehicle 30 Days Twelve Months License Suspension Ten Years Impoundment Ten Days or 90 Days if Yhird DUI Within 5 Years Ignition Interlock Device For a Minimum of Two Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Fourth DUI Charged as a Misdemeanor Minimum Penalty Maximum Penalty Fine * $1000 $2500 * If BAC >= .02; Or a minor was in vehicle $2000 $5000 Probation One Day One Year Jail Time * Day of Arrest Twelve Months * if BAC >= .02; Or a minor was in vehicle Day of Arrest Twelve Months License Suspension Permanent Revocation Impoundment Mandatory Ten Day Period Ignition Interlock Device For a Minimum of Two Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Fourth DUI Charged as a Felony Minimum Penalty Maximum Penalty Fine * $1000 $5000 * If BAC >= .02; Or a minor was in vehicle $1000 $5000 Probation One Day Five Years Jail Time * Day of Arrest Five Years * if BAC >= .02; Or a minor was in vehicle Day of Arrest Five Years License Suspension Permanent Revocation Impoundment Mandatory Ten Day Period Ignition Interlock Device For a Minimum of Two Year Other Penalties Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. :: Defending a DUI in Florida Law enforcement officers ("LEOS") are notorious for stopping a vehicle on a "hunch" that the driver has been drinking. Once stopped, the tools used by LEOS to evaluate a driver's possible impairment are crude and inaccurate. Many LEOS making DUI arrests have limited or no experience in evaluating the effects of alcohol on the body. In turn the machines relied upon by LEOS to test your breath, blood, or urine for alcohol are subject to error. Additionally, these machines are tightly regulated and often are not properly maintained. Before a trial is ever held, a DUI can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out by the State. The primary areas for challenging a DUI are: :: The Stop :: Field Sobriety Tests :: The Breathalyzer (Blood Alcohol Measurement Tests) :: Your Statements So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury. If we challenge one link in the State's case that results in evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In DUI defense, winning one battle can result in winning the war! Challenging The Stop The law is very clear that a law enforcement officer may only stop you for one of two reasons: (1) If the LEO has a reasonable suspicion that your are committing a traffic infraction, or (2) if the LEO has probable cause that you are committing a crime. However, many times it can be shown that the officer was mistaken in his reason for stopping you. If this is proven, all of the evidence in your case will be thrown out and the State will be forced to dismiss your case. A rather simple example would be if an officer stopped you for an expired license plate and subsequently arrested you for being under the influence. If we can prove that your motor vehicle license was not expired and that the officer was therefore mistaken, the Judge will find that the officer made an illegal stop and throw out all of the evidence against you. Challenging Field Sobriety Test In most DUI cases, law enforcement will administer Field Sobriety Tests to determine if you should be arrested. The officer's interpretation of these tests can be challenged or suppressed based on many factors. Does the officer know what your true balance and coordination is? Do you have any physical disabilities like a bad back or bad knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making them unreliable and inadmissible. Is the officer qualified to perform the specific Field Sobriety Test? Some Field Sobriety tests, such as the HGN test (eyes following pen test), may only be performed and testified abut by certified alcohol recognition experts. Other tests, such as the reverse alphabet test are not deemed reliable by the courts. Beating the Breathalyzer As previously mentioned, the machines used by law enforcement are tightly regulated and subject to strict maintenance requirements to be deemed reliable. Additionally, the testing itself must be done in a very specific manner. The failure to either properly maintain the machines, or to conduct the tests in accordance with the standard testing procedures, can result in the breath test being thrown out altogether, no matter how high your test came back. 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 officer calibrate the machine properly prior to beginning testing? Did the officer read you Florida's Implied Consent Law or did the officer incorrectly state the implied consent law to you? The failure of an officer to do any of these simple steps, or possibly other steps not mentioned, may result in the breath test results being thrown out. Throwing Your Statements Out One of the most well known Miranda Warnings states: ÒAnything you say can be used against you in a court of law.Ó However, contrary to popular belief, an officer does not have to immediately read you your rights when stopping you for a traffic infraction. Upon initially being stopped, an officer is free to ask you common questions such as where are you coming from, where are you going, have you had anything to drink. Therefore it is important you watch what you say, especially if you have been drinking. Nevertheless, if you do say something incriminating to law enforcement, The Kaylor Law Group may still be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or because the statements were made under Florida's accident report privilege. Both of these areas are discussed below. Your Right to Remain Silent An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney. A common problem that arises in DUI arrests is when it is clear that you are no longer free to leave, the officer never reads you your rights, and continues to question you about your activities prior to being stopped. This practice is illegal and any incriminating statements gained by an officer during this time can be thrown out by a judge. Florida's Accident Report Privilege Many times, persons involved in an automobile accident are later accused of DUI. And in Florida, persons involved in an automobile accident are required by law to report the accident to authorities, raising the possibility that a person suspected of DUI may make incriminating statements to law enforcement regarding the accident. Fortunately, Florida law prohibits most statements given to law enforcement by drivers, owners, or occupants regarding an automobile accident from being used in a later civil or criminal trial. This is known as Florida's Accident Report Privilege and the purpose of the privilege is to encourage witnesses to cooperate with law enforcement in the investigation of automobile accidents. However, the Accident Report Privilege is not absolute and there is one major exception. If a law enforcement officer suspects that you are were driving under the influence, or committed another crime related to the crash, he may "switch hats" and inform you that he is no longer conducting a crash or accident investigation and that he is now beginning a criminal investigation related to the accident. To continue questioning you, the officer must then read you your rights if he wishes to continue. At this point you should decline to answer anymore questions and request a lawyer. Many times the officer fails to state that he is "switching hats" and read you your rights. If an officer fails to properly "switch hats" or to read you your rights, any statements you make to the officer may be suppressed as being privileged under Florida's Accident Report Privilege. Be Careful with Spontaneous Statements The biggest exception to your right to remain silent and the Accident Report Privilege occurs when you make a spontaneous statements. A spontaneous statement is one that is volunteered without being asked a question. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct or the accident report privilege.
7. Averbuck, Phillip: In criminal cases, your precious freedom is at stake, so whether you choose to retain us or someone else, you need to have an experienced attorney representing you in court.
8. Scott Spivack: Of all of the field sobriety tests used by police officers to determine a driver's level of intoxication in DUI arrests, the Horizontal Gaze Nystagmus (HGN) test is the most popular among law enforcement officers for effectively determining evidence of a driver's blood-alcohol concentration (BAC). HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.