DRIVING UNDER THE INFLUENCE (DUI)
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Just an arrest for DUI can be a stressful and overwhelming experience. But, a DUI conviction can have even worse consequences on your driving privilege, your freedom, your job, your family, and your life. We believe that a DUI arrest does not always have to result in a DUI conviction. Don’t resolve a DUI charge before consulting with an experienced DUI attorney. Depending on the facts of your case, you may have defenses available to you that you are not even aware of.
We are prepared to fight for your rights and help you during this stressful time. We can help throughout all stages of your case, including reviewing all the police reports, participating in the discovery process, taking depositions, aggressively negotiating a plea deal, and filing motions to have evidence suppressed in an attempt to get your charge REDUCED or DISMISSED. We are also prepared to go to trial if necessary and attempt to obtain a NOT GUILTY verdict.
How can I win my case?
The State of Florida has to prove beyond a reasonable doubt that you were guilty of DUI. Sometimes there is not enough evidence for the prosecutor to meet this very high burden. Even if the prosecutor has strong evidence, we may be able to weaken the case against you by challenging the traffic stop, determining if there was police misconduct, or challenging the result of your “breath test”.
Challenging the Stop:
Common reasons why drivers are stopped include: speeding, weaving, failure to maintain a single lane, obscured tag, broken tail light, cracked windshield, or other traffic infractions. The law specifically outlines what the police must first observe before they can pull you over. Sometimes people are pulled over before their actions actually amount to a traffic infraction. Depending on the individual facts of your case, the police may not have been legally allowed to stop you. If that is the case, the initial stop may be challenged which could result in a DISMISSAL of your case.
Challenging the Arrest:
The law imposes standards dictating what law enforcement officers must do throughout each stage of a criminal investigation and how much evidence is required for police to continue the investigation. Stages of a criminal investigation include: reasonable suspicion to stop, probable cause to detain, probable cause to arrest, reading of the Miranda rights, and Florida implied consent rights. Police officers are humans and often make mistakes. Sometimes police officers jump the gun and decide to arrest someone for DUI before they have collected enough evidence to warrant such an arrest. Sometimes they perform the field sobriety exercises incorrect and the results are inadmissible in court. It is important to have an experienced DUI attorney review your case to determine whether the police made any mistakes or failed to follow prevailing standards. If so, you may be able to challenge aspects of your case which could result in your case being REDUCED or DISMISSED.
The Breath Test:
The law imposes standards and procedures that must be followed to insure the reliability of scientific evidence. If your blood alcohol content was over .08, it is important to investigate a number of issues; whether the Breath Test was administered by a law enforcement officer who was properly certified to conduct the testing, whether the test itself was administered properly, whether a proper twenty (20) minute observation was preformed, and whether the machine was properly maintained and calibrated. If your Breath Test results were obtained in violation of the law, the results could be DISMISSED, thus weakening the prosecution’s case against you.
10 Day Rule:
Whether you refused the Breath Test or blew over .08, your driver’s license will be suspended ten (10) days from the date of your arrest for twelve (12) months if this was you first refusal to provide a breath sample, eighteen (18) months if this was your second refusal, or six (6) months if your blood alcohol content was over a .08. You only have 10 days from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge your arrest and fight to have your driver’s license privilege reinstated. If you fail to request a hearing within 10 days, your right to a hearing will be waived and your driver’s license will automatically be suspended. We can help you request a hearing with the DHSMV and keep your license from being suspended.
If you or someone close to you has been arrested for DUI, contact us immediately so that we can protect your rights. We have successfully defended numerous clients who have been charged with DUI. We know how the system works and will assist you every step of the way. Contact Steven J. Litvack for a FREE CONSULTATION.
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