Top-Rated Florida DUI Lawyer

When an individual is arrested for a DUI in Florida, law enforcement will generally take them into custody, and the criminal justice process begins. During this process, the accused is processed, booked, and detained until they can be brought before a judge. It is essential to enlist the assistance of an experienced Florida DUI attorney as soon as possible following an arrest to ensure the accused receives adequate legal representation.

In the early stages of the case, the individual must attend an arraignment where they will hear the formal charges brought against them and have the opportunity to enter a plea of guilty, not guilty, or no contest.

Pretrial Hearings and Motions

During this stage, the Florida DUI attorney will gather information and evidence, such as police reports, witness accounts, and field sobriety test results. They may also file pretrial motions to suppress or dismiss certain evidence to improve the chances of a favorable outcome.

Discovery

The prosecution and defense exchange information, allowing both parties to prepare their respective cases. Defense attorneys may conduct their own independent investigations and gather additional evidence to support their client’s defense.

Plea Bargains

In many instances, the prosecutor may offer a plea bargain to the defendant, allowing the accused to plead guilty to a lesser charge and thus face reduced penalties. Your attorney can help assess whether accepting a plea bargain is in the client’s best interest based on the evidence and potential outcomes at trial.

DUI Trial

The case will go to trial if a plea agreement is not reached. Here, both the prosecution and defense will present their evidence and arguments in front of a judge or jury, who will ultimately determine the defendant’s guilt or innocence.

Verdict and Sentencing

If the defendant is found guilty, the judge will issue a sentence which may include fines, imprisonment, license suspension, and participation in substance abuse programs.

First DUI Conviction

A first-time DUI offense in Florida is generally considered a misdemeanor. The penalties for a first-time conviction may include:

• Fines ranging from $500 to $1,000
• Imprisonment for up to six months
• License suspension for a minimum of 180 days
• Mandatory community service

Second DUI Conviction

Penalties for a second DUI conviction within five years of the first offense may include:

• Fines ranging from $1,000 to $2,000
• Imprisonment for up to nine months
• License suspension for a minimum of five years
• Mandatory installation of an ignition interlock device

Third DUI Conviction

A third DUI conviction within ten years of the previous offenses can be classified as a felony. Penalties may include:

• Fines ranging from $2,000 to $5,000
• Imprisonment for up to five years
• License suspension for a minimum of ten years
• Mandatory installation of an ignition interlock device

Felony DUI

Aggravated circumstances like causing serious injury or death to another person, multiple prior DUI convictions, or elevated BAC can result in a felony DUI charge. Penalties for a felony DUI can include higher fines of up to $10,000, longer imprisonment terms, and a permanent loss of driving privileges.

While not every DUI case is the same, there are several possible DUI strategies that an attorney may use to fight your driving while intoxicated charges. Some of the more typical strategies include:

• Challenging the legality of the traffic stop: If law enforcement officers did not have a valid reason for stopping your vehicle, your attorney might argue to have the evidence obtained during the stop excluded from trial.
• Questioning the accuracy of breathalyzer results: Your attorney might question the calibration and maintenance of the breathalyzer used by law enforcement or whether the officer administered the test correctly.
• Casting doubt on field sobriety tests: These tests have been known to be subjective and often difficult to perform, even for sober individuals. Your attorney might question the validity of these tests in your case.

While the above strategies may work for some individuals who have been charged with DUI, they may not be appropriate for your case. If you have been charged with a DUI in Florida, the best thing for you to do is contact a DUI lawyer right away to ensure you get the defense you need.

If you are convicted of two DUIs within a five-year period, it’s a mandatory suspension of your driver’s license for five years, and your car will be impounded for an extended period of time. Additionally, you are likely going to face some time in jail; however, an experienced DUI attorney may be able to negotiate inpatient treatment in lieu of jail. Depending on the specifics of your charges, like your blood alcohol level at the time of your arrest and other factors, you can get up to one year in jail.

If you’re charged with DUI for a third or fourth time, you are likely to face felony charges, especially if the judge believes you are making a habit out of operating while impaired. You may incur fines up to $5,000 and five years of jail time. And your driver’s license will be permanently revoked if convicted. These are just some of the severe consequences of felony DUI charges.

Florida’s Implied Consent Law, detailed in Statute 316.1932, states:
“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.”
To summarize, when you accepted the privilege of a license to drive in the state of Florida, you agreed to submit to a lawful request to undergo a blood or breath test to determine the alcohol content in your blood. To refuse to do so results in a mandatory license suspension.