If you have been arrested and charged with DUI charges in Florida, you may feel overwhelmed and not know what to do next. DUI convictions also carry serious penalties such as fines, license suspension, and jail time. This is why you must obtain expert legal assistance in navigating the complexities of Florida DUI law. Manderscheid Law Firm, PLLC primarily focuses on DUI and works to safeguard your rights during the legal process.
You have so much at stake and we have a team of experienced attorneys willing to aggressively represent you by explaining all of your options and working diligently towards the best possible outcome on your case. If you want to know more about DUI charges in Florida and how our firm can help you protect your case, keep reading.
Understanding DUI Charges in Florida
Florida DUI Charges A DUI (Driving Under the Influence) Charge in the Florida is a severe crime. Florida law states that driving under the influence includes driving a vehicle when you have 0.08% or higher blood alcohol content (BAC) or when you are under the influence of alcohol, drugs, or other substances to the extent that the person is incapable of safely driving. In Florida, you can also be faced with DUI charges if you were impaired by prescription medication, illegal substances, or over-the-counter drugs that limited your ability to drive.
Florida takes DUI seriously, and penalties for a conviction can be harsh, especially for repeat offenders. You could face:
Fines: Where applicable, fines range from $500 to $5,000.
License Suspension: One potential consequence may be your driving license being revoked for a duration, potentially complicating transportation to work, classes, or other necessary functions.
Jail Time: A conviction for DUI may result in jail time, especially for repeat offenders or if there were aggravating factors (e.g., a child passenger, an accident).
Probation: Depending on the severity of the crime, it is possible that you will serve probation instead of time in jail or in addition to jail time.
Community Service: Part of your sentence could entail doing a specified number of hours of community service.
Given the stakes, it is important for you to have an experienced attorney on your side who can examine and challenge the facts of your case and fight to minimize or eliminate the charges you are facing.
How DUI Cases Are Processed in Florida
The arrest process in Florida for DUI is just part of the story. Your lawyer will guide you through each phase, which generally involves:
Arrest and Processing: If the police determine that you are driving under the influence, they will arrest you. That usually includes a breath, blood or urine test to check your BAC. A failure to take the test can automatically suspend the driver’s license.
Arraignment: You are formally informed of the charges against you in an arraignment shortly after your arrest. At this stage, the court will impose bail and conditions of release.
Such proceedings include an exchange of evidence between the prosecution and defense. Your lawyer will review the evidence, which may include video footage, sobriety tests, and breathalyzer test results.
Negotiate or Go To Trial: Depending on the evidence and circumstances, your lawyer either negotiates with the prosecution to drop the charge or reduce the punishment or, they bring the case to trial when a positive result can be obtained.
Sentencing: If the verdict is guilty, sentencing will apply per Florida DUI provisions. That said, there may be room for a lesser sentence depending on matters like being a first-time offender or the specific details of your case.
Why Do You Need Experienced DUI Attorneys?
Most DUI in Florida are subjective evidence charges, which consist of Officer observations, and field sobriety test results. However, many defenses may be available, including:
Improper Stop: If the police officer lacked reasonable suspicion to stop your vehicle, evidence obtained during the stop may not be used against you.
Potential Issues with the Breathalyzer: Breathalyzer machines are required to be properly maintained and calibrated. If the machine malfunctioned or the test wasn’t correctly administered, the results could be disputed.
Medical conditions: Some medical conditions can give a false positive on a breath test, inlcuding acid reflux or diabetes.
Field Sobriety Tests: Field sobriety tests are subjective and can be affected by different things, including fatigue, weather, or even nervousness. These tests are not always good measures of impairment.
As Florida DUI defense attorneys at Manderscheid Law Firm, PLLC, we have decades of experience standing up to DUI charges in Florida. Our team reviews the prosecutor’s case for weaknesses and will pursue every option for a positive outcome.
Florida DUI Defenses – Common Defenses to DUI Dismissal
A Florida attorney can use various strategies to defend your case if you have been charged with DUI. Common DUI Defenses:
Inaccurate Breathalyzer Results: If the breathalyzer was not conducted correctly, or if it was not well calibrated, the results will not be trustworthy, as noted above. Our attorneys will go through the testing methods to see that the evidence you are throwing at is appropriate.
No Probable Cause for the Stop: In order for an officer to initiate a stop, they must have reason to believe an infraction is occurring in front of them, such as traffic violations or reckless driving. If the stop was made without probable cause, your attorney can argue that evidence obtained during the stop should be excluded.
Health Conditions or Medications: Some health conditions and medications could give you a false positive on breath testing or field sobriety tests. We will look into whether any of these factors mattered in your case.
Improperly Conducted Field Sobriety Tests — on-site tests don’t have an exact science behind them and will depend on other variables like your physical condition, the environment, and level of nervousness. Note: Our team will examine the test results to see if they were legitimate.
What Makes Manderscheid Law Firm, PLLC So Unique?
At Manderscheid Law Firm, PLLC, we know that there is nothing more stressful than being faced with DUI charges. Our attorneys have a long history of successfully defending against DUI charges in Florida. What you can expect when you hire us:
In-Depth Knowledge: Our lawyers have extensive experience with Florida DUI law and know the ins and outs of the legal system in the state.
Individualized Attention: we will have time to learn details of your case and work with you on defense strategies.
Zealous Defense: We will work tirelessly to protect your rights and lessen the impact of your charges.
No-Obligation Free Consultation: We provide a no-obligation, free-of-charge consultation to discuss the details of your case and how we can help.
Get in Touch with Manderscheid Law Firm, PLLC
If You have been charged for DUI in Florida, You need the legal representation to help you. Call Manderscheid Law Firm, PLLC to set-up your free consultation today. Our qualified attorneys are equipped with the extensive knowledge necessary to guide you through the process and work to secure your future.
Fill out our online contact form or call now to get started. Your future is too precious to risk your defense on luck.
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