DUI facts...
Over a quarter of the 3,242 traffic fatalities on Florida’s highways in 2004 involved a driver who was over the legal limit. 541 of the deaths involved a driver who was at least at twice the legal limit (.10). Almost a third (1,023) of the fatalities involved a driver who had been drinking any alcohol before driving.
- Legal Limit: Florida makes it illegal to drive with a Blood Alcohol Content of .08 or greater. Florida also makes it illegal to drive with any drug and/or alcohol combination that impairs your normal faculties.
- Actual Physical: In addition to making it a crime to drive while intoxicated, Florida includes the clause that anyone who is in “actual physical control” of the vehicle is also guilty of the offense. This is used by Florida to include those persons who have driven the vehicle into a ditch or have somehow rendered it immovable. This functions to lighten the burden on Florida prosecutors, since they don’t have to show that you were actually driving.
DUI law updates...
On April 7, 2002 Governor Bush signed a Bill that changed many of the DUI laws. Below is a list of some of the DUI laws that have either changed or will be new Florida DUI laws as of July 2003.
Felony Driving Under The Influence...
- A third DUI conviction within ten years of any prior DUI is a third degree felony. Prior to July of 2002 a third DUI within 10 years was a misdemeanor offense. Some Florida jurisdictions will still prosecute these cases as misdemeanors.
Ignition Interlock Devices...
-An Ignition Interlock Device is a device placed inside a vehicle which requires the driver to breathe into a tube before the car will start. If any alcohol is detected on the drivers breath the vehicle will not start.
-Any person convicted of a second or third DUI that intends to obtain a permanent or restricted driver license, will be required to have an ignition interlock device installed in their vehicle at their own expense. The number of DUI convictions determines how long the interlock device must remain in the car. Previous to the new law (effective July 2003), Interlock devices were only installed in vehicles pursuant to court order. Drivers will now be required to submit proof of the interlock installation to the Department of Highway Safety and Motor Vehicles.
Breath Refusal Law Changes...
-As of July 1, 2002, a second refusal to submit to a breath test can be charged as a first degree misdemeanor punishable by up to one year in county jail. The license suspension will remain at 18 months. The constitutionality of this new law is being challenged by multiple criminal defense lawyers throughout the state.
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For a free confidential consultation, and for further information regarding how an experienced Florida DUI defense attorney can put over 15 years of drunk driving defense experience to work for you, please e-mail us, contact us, or visit our office (click here). Experience really does matter: don't trust your DUI defense to an inexperienced criminal defense lawyer.
Your Best Strategy...
If you’ve been arrested for driving under the influence, you need a DUI defense attorney to defend yourself against the charges. You can attempt to represent yourself or work with an attorney who does not specialize in DUI defense, but that is a recipe for disaster. Qualified DUI defense attorneys specialize in handling only DUI cases so they stay involved in the field of DUI law. Other attorneys may only defend DUI cases occasionally and miss out on important information that could be instrumental to your case. Working with a DUI defense attorney is the best way to start your case off on the right foot and your best chance of winning your case in court. If you want to present a solid defense, hiring a DUI defense attorney is the best way to go.
Consulting with a DUI Defense Attorney
When you consult with your DUI defense attorney, it should be immediately after your arrest while everything is still fresh in your mind. You will need to tell your attorney your side of the story so you can work together to plan your defense. Your attorney will work with you to get this ready for any pre-trial hearings or conferences that occur prior to your actual trial date. If you don’t work with a DUI defense attorney right from the beginning, you’ll lose out on the opportunity to consult with a legal professional when all of the facts from the day of your arrest are still clear. Over time, you may forget important details so it is extremely important that you make the phone call to a DUI defense attorney as soon as possible.
Preparing Your Case with a DUI Defense Attorney
While you are waiting for your trial, your DUI defense attorney will be gathering information that can be used during the trial proceedings. Your attorney may get your blood samples and have them sent to another lab for independent testing. This can help determine if testing errors occurred or if the testing was valid in the first place. Expert witnesses may also be contacted to appear during your trial. These witnesses can be used to back up or refute testimony depending on the source. Expert witnesses are often used to refute chemical testing results and show why the results were invalid or inaccurate. Your attorney will also help you to prepare yourself for your upcoming trial. If it’s the first time you’ve ever faced criminal charges, you won’t know what to expect, so your DUI defense attorney will outline the process and answer any questions you may have about the upcoming trial.
The DUI Defense Attorney at DMV Hearings
In most states, your driving privileges will be suspended immediately upon being arrested for driving under the influence. Some states give you the opportunity to appeal the suspension by submitting a written appeal within a very specific time period. Once your appeal is received, you may be assigned a hearing on the matter. Having a DUI defense attorney speak on your behalf at the hearing can help you to get your driving privileges back. Since having no driving privileges means you have no way to get to work or school, this is very important for being able to continue with your normal activities. If you’re not represented by a qualified DUI defense attorney, you risk losing your freedom and the opportunity to live a normal life.
The DUI Defense Attorney in Criminal Sentencing Proceedings
If for some reason you end up being convicted of a driving under the influence offense, you will need a DUI defense attorney to speak on your behalf prior to sentencing. If you don’t make a plea on your behalf, the courts may not consider all of the circumstances at hand. Your attorney can let the court know of leniency in sentencing should be shown because you are disabled, have a serious illness, need to work to support your family, or need to care for children or elderly relatives. This opportunity to have an attorney speak on your behalf is very important, so you should be sure that you have a DUI defense attorney on your side during your trial.
Successfully defending yourself against a charge of driving under the influence may be one of the most important things you ever do. Give yourself the best chance of winning by hiring a qualified DUI defense attorney to represent you during your administrative and criminal proceedings.
Remember, the attorneys appointed by the court, though excellent legal minds in their specialization, often do not have the unique skills to represent a client charged under DUI laws. They may specialists in areas such as Trusts or Family law, Contract or Human Resource Law.
Simply put, would you have a computer guru, no matter how skilled in computer software, remove your gall bladder? No!
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