J McGowan & Associates

J McGowan & Associates: Experience you can trust

Ten Day rule...

  1. If you refused to take a breath, blood or urine test after being arrested for DUI in Florida, or if the results of your breath test were .08% blood-alcohol or above, your license will be suspended 30 days after the arrest unless you or your attorney file a written demand for an administrative hearing within 10 days after arrest. We are available 24 hours for a free case evaluation.

A first refusal...

will result in a license suspension of 1 year.

  • If person refuses a breath blood or urine test and their license has been suspended in the past for refusal, then they will be charged with a misdemeanor violation and their license will be suspended for 18 months. The second refusal is a misdemeanor offense punishable by up to one year in jail. The criminal refusal law is effective as of July 1, 2002.
  • John O McGowan, ESQ.*

    Has led the firm since inception. Has practiced in Naples for over 20 years. Has sucessfully defended virtually every criminal statute.
    *EMAIL John*
    *Also admitted in Michigan

    Ian L Clarke, ESQ. *

    Associated with John McGowan in 2003. Graduate of Stetson College of Law. Specializes in Criminal and Family Law.
    *EMAIL Ian*
    *Also admitted in the District of Columbia

    Location ...

    Our office is located in Naples, Florida, and we service the people of Collier County, Lee County,and Sarasota County. We are personally working for You...

    Call us:
    (239)692-7090

    FAX us:
    (239)403-0822

    DMV Hearings/Ten Day Rule...

    Your driving privileges will be suspended immediately upon being arrested for driving under the influence. If you refused to take a breath, blood, or urine test after being arrested for DUI in Florida, or if the results of your breath test were .08% blood-alcohol or above, your license will be perfunctorily suspended 30 days post the arrest unless you or your attorney file a written demand for an administrative hearing within 10 days (thus the Ten Day Rule) after the arrest. This hearing is is an administrative proceding, not a legal one, however, it is regulated by statute. Once your demand is received, you will be scheduled a DMV hearing on the matter. 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. Having a defense attorney speak on your behalf at the hearing can help you to get your driving privileges back. If you’re not represented by a qualified DUI defense attorney, you risk losing your freedom and the opportunity to live a normal life.

    Criminal Sentencing Proceedings

    In the event you are convicted of driving under the influence, 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 often will not consider all of the circumstances at hand. Your attorney can impress on the court detailed reasons why 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 John McGowan & Associates 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 as well as your 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.

    You would not go into an operating room without a surgeon to attend you. Nor, except in an emergency, would you have a brain surgeon operate on your knee. Have specialists who know the procedures, the venues, the DMV administrators, represent you to your best advantage.

    We are available 24 hours for a free case evaluation. A good attorney can protect the rights of the accused and often keep their client out of jail as well as protect his or her driving privileges.

    Use the contact information link below and describe your case so we can begin considering your defense. Experience really does matter. Please don't trust your DUI defense to an inexperienced criminal defense lawyer.


    This is Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

    Home | Contact Information | Webmaster | *EMAIL us*

    6640 Willow Park Drive, Suite A
    Naples, Florida 34109-8916
    (239)919-6712
    (239)591-0787 (FAX)