Orlando DUI Defense and Legal Representation
Driving drunk is one of the most damaging and most expensive criminal charges you can face. The stigma of being labeled as a drunk driver is crippling to careers and the cost in insurance and embarrassment is incalculable. Many arrests for DUI have defenses so it is always advisable to discuss any DUI arrest with a Florida Criminal Defense Attorney.
The Phases of DUI Detection
We approach the defense of DUI charges by looking at how the police build their case. Law enforcement training on DUIs focuses on the "three phases" of drunk driving - driving pattern, personal contact, and field sobriety testing/performance.
The Driving Pattern is an excellent area to derail a DUI prosecution. If the police stopped the vehicle without sufficient probable cause we can end a DUI case before the State ever has a chance to begin a trial. The issue comes down to the reason for the stop. This is usually formalized with a citation for a moving traffic violation - sometimes there is no ticket but a reason listed in the arrest affidavit.
Personal Contact occurs after the police stop the driver. This is the observations of the driver by the police officer. These observations include any odor of alcohol consumption on the breath, evidence of blood shot eyes, movements such as walking, whether the driver fumbles through his wallet for his license and registration, etc. This is much harder to attack. This area usually requires a look at what the police leave out in their observations in an effort to show what the driver did right or behavior he did not do.
Field Sobriety Exercises are another whole area to attack. These are tests determined through scientific studies to produce certain results that correspond to blood alcohol levels. These are often done incorrectly and therefore their results should be invalidated. For more information on DUI evidence please refer to our DUI Evidence webpage.
ADMINISTRATIVE SUSPENSIONS: Additionally, unless you act within 10 days of your arrest for DUI, your license is suspended for a minimum of 6 months with a minimum hardship period (no drivers license at all) of 30 days. These are minimums. If you have refused the breath test the suspension and hardship periods are longer unless it is successfully challenged. You must ask for a hearing within 10 days of your DUI arrest.
It is important to act quickly after you have been arrested for driving drunk in order to address the administrative suspension. Our law firm will challenge your suspension, challenge the evidence, and fight against the prosecution every step of the way. Call us today - Time is of the essence for every DUI case.
Drunk Driving Enhancements
If this is not your first DUI you need to call an attorney immediately. Drunk driving charges get progressively more harsh with the punishments. A third DUI can be enhanced to a felony giving authority to the court to incarcerate you up to five years in prison. Driving drunk is not taken lightly by the criminal justice system.
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