Category Archives: DUI And Criminal Defense
What Happens if You Get a DUI?
If you are arrested for driving under the influence (DUI) in Florida, you will be integrated into the state’s criminal justice system. Upon your arrest, you will be taken to the nearest station or headquarters of the arresting officer, where you will be fingerprinted. The arresting officer will enter your charging information and police… Read More
How Long Does a DUI Stay on Your Record?
DUI convictions in Florida remain on your record for 75 years after the conviction. If you are convicted of any crime in Florida, the conviction will become a part of your criminal record. This public record is a full summary of any convictions, arrests, time served on probation, and other interactions you have had… Read More
What Are the Underage Drinking Laws in Florida?
Florida has state-specific laws regulating underage drinking and alcohol possession. It is especially important to grasp the complexities of the law and the consequences you may face if you or your kid is charged with underage drinking. State Penalties for Underage Drinking Alcohol is defined in Florida law as commercial beverages, such as cans… Read More
What Is Probable Cause And How Can It Affect A Criminal Defense Case?
Probable cause is a requirement that law enforcement personnel are required to meet in order to issue a warrant, conduct a search, or to make an arrest. It can also be used to justify warrantless searches and arrests if there is an urgent situation. It is an important part of the Fourth Amendment, which… Read More
Know Your Options When You Can’t Afford Bond
In most cases, when a person is arrested, they receive a bond for their alleged offense(s). Some counties have a set bond schedule that lists amounts for various criminal offenses, although a judge has the discretion to impose a bond/bail* higher or lower than the scheduled amount. In counties that do not have a… Read More
Lawn Mower or ATV DUIs – Are They Possible?
In rural communities, it’s common to see tractors, four-wheelers, or even dirt bikes driven on the roads. Occasionally, you may even see someone driving a lawnmower a short distance, such as to the gas station. With all of the other modes of transportation in use on the highways, does that mean someone could avoid… Read More
Is a DUI a Felony In Florida?
DUI Felony Charge in Florida Like some other offense Driving Under the Influence (DUI) is a crime that can be enhanced. Meaning that certain facts within an individual DUI case may make the charge more severe. For example, a first offense DUI is typically punishable by up to 180 days in the county jail… Read More
What is a Downward Departure?
When a person is charged with a felony offense in the State of Florida, that offense carries with it a number of points. These points are placed on a scoresheet, which takes into account the current charge or charges, prior history, victim injury points, whether a person was on probation if the defendant was… Read More
What is Battery?
Battery is simply just the touching or striking of another person against their will. Now there are many different battery offenses based on enhancements for bodily harm, weapons, or prior convictions, however, the basic elements are essentially the same. This article is going to focus on Misdemeanor Battery offense, Battery Prior Offense, and Battery… Read More
Florida DMV Hearing 101: How to Prepare
Florida DMV Hearings In Florida, once an individual has been arrested for driving under the influence (DUI), he or she faces a long list of potential penalties, including a lengthy driver’s license suspension. However, what is important to remember is that a driver can still fight to have this administrative suspension removed by requesting… Read More
What Questions to Ask a Attorney About DUI
The criminal justice system can move fast. In fact, it moves a lot faster than most civil lawsuits. That is why it’s so imperative to hire an attorney as quickly as possible if you have been arrested for driving under the influence (DUI). The court system takes DUI charges exceptionally seriously, and the penalties… Read More
How to Request a DMV Hearing and How a Attorney Can Help
Those individuals that are arrested for driving under the influence (DUI) of alcohol or drugs in Florida will need to address two separate issues. The first includes the suspension of your driver’s license, and the second is the legal case that will proceed in the courtroom. Once you have been arrested for either refusing… Read More
What Does Discovery Mean?
How Can Discovery Impact Your Case? Discovery is more than just a report or a statement, it is a process. Typically, after a person is arrested for an offense an attorney files a not guilty plea and then files a demand or notice of intent to participate in discovery. The filing of a demand… Read More
What You Need to Know About Florida’s DUI Laws and Penalties
Having one alcoholic drink too many, and then deciding to drive a motor vehicle can come with severe consequences. While under the influence of alcohol, the risks of getting into a motor vehicle collision increase exponentially. The consequences of causing an accident while driving after drinking can impact you and your family for the… Read More
You Must Watch Me Before Administering a DUI Breath Test
There are a couple different ways for a prosecutor to attempt to prove a person was driving under the influence. One way is to proceed under an impairment theory, arguing the person was impaired by alcohol or a controlled substance based on the field sobriety exercises or other interactions with law enforcement. Generally, this… Read More
What Are Field Sobriety Tests
Perhaps you’ve heard of field sobriety tests, which police often ask individuals to perform if the officers suspect that the individual is or has been driving under the influence of alcohol. However, do you know what these tests consist of? Do you know if they are an accurate way of determining alcohol impairment? Do… Read More
How to Win a DMV DUI Hearing
More than 5,000 confirmed crashes involving alcohol-impaired drivers occur in Florida each year, resulting in thousands of injuries and hundreds of fatalities. Beyond the accident statistics, however, there are also serious consequences for those who have been accused of drinking and driving. If you’ve been arrested on suspicion of driving under the influence of… Read More
How to Fight a DUI Without a Attorney
(Answer: Don’t) According to the CDC, someone dies every 50 minutes because of impaired driving. Across the nation, driving under the influence causes approximately one out of every three traffic deaths. Statistics show that 28 percent of fatal crashes in December—around the holidays—involved impaired drivers. In Florida, 32,177 arrests for DUI took place in… Read More
What To Do After an Arrest
Top 8 Dos and Don’ts After an Arrest If you were arrested, it is important to know that just because you were arrested does not mean you are GUILTY. Any arrest is serious and could have lasting consequences, which why it is important to know your rights and to hire an experienced attorney who… Read More
What to Expect at a DMV Hearing
If you have been involved in an arrest for DUI in Florida, you may face a lengthy driver’s license suspension. It is commonly known that a DUI may result in criminal charges, but the associated DMV hearing may not be fully understood. Following a DUI arrest, a driver only has 10 days to apply… Read More
How Much Does a DUI Attorney Cost?
If you were arrested and charged with driving under the influence (DUI), you are not alone. In 2018, there were 32,177 DUI arrests in Florida, 108 of which were in Ocala, 172 in Gainesville, and 467 in Fort Lauderdale. DUI means driving when your normal faculties are impaired, or when you have blood alcohol… Read More
The Importance of Having a Attorney at Your DMV Hearing
Florida takes drinking and driving seriously. Anyone caught driving under the influence will face immediate and severe consequences. This can include fines, jail time, and the loss of your license. If you rely on your driver’s license to get you to and from work, a long-term suspension can have a serious effect on your… Read More
Classification of Crimes in Florida
All crimes in Florida are classified into felonies and misdemeanors, here is a basic breakdown of them with their punishments and/or fines. A felony is the most serious crime, punishable by death or by more than one year in prison. Depending on the nature of the alleged crime, a felony may be governed by… Read More
Possession of Cannabis
Generally, speaking there are two different charges for possession of cannabis. One is possession of less than 20 grams of cannabis and the other is possession of more than 20 grams of cannabis. The major difference between the two is that possession of more than 20 grams is a felony of the third degree,… Read More
Habitual Traffic Offenders
A habitual traffic offender (HTO) is a person who has received either three driving while license suspended (DWLS) offenses in a period of five (5) years, these three driving while license suspended can either be all civil citations for driving while license suspended, all three can be criminal or it can be a combination… Read More
Boating Under the Influence (Field Sobriety Exercises)
During an investigation for driving under the influence an officer may ask a person if they would agree to participate in a few exercises so the officer can determine if they are ok to drive. The most common exercises are Horizontal Gaze Nystagmus (HGN), the walk and turn, one leg stand and finger to… Read More
What is DUI Extradition? Does It Apply in Florida?
Extradition is the removal of a person (fugitive) from the state in which he is physically located (asylum state) to the state that requests him to face criminal charges or punishment (demanding state). Florida statute 941 allows the state to request extradition from anywhere in the Unites States. The process for extradition in Florida,… Read More
I Was Arrested for DUI Off Campus and Now UF is Sending Me a Letter Regarding Disciplinary Actions, Can They Do That?
Yes, The University of Florida, in Gainesville, has very strict policies regarding students charged with DUI, even if the arrest occurred off campus and even if the student is found not guilty of DUI in criminal court. Here is the common course of events: Within a few days of the student’s arrest, the University… Read More
How Can I Be Over the Legal Limit After Only One Drink?
When considering the legal limit for alcohol consumption, the number of ounces of alcohol in the drinks you consume matters more than the number of drinks you had – and not all drinks are the same. A single mixed drink may have 3 ounces of alcohol in it, which is the equivalent of 3… Read More
The Pros and Cons of Taking a Sobriety Test
After an arrest for driving under the influence an officer typically will request that a person provide a breath sample for the purpose of determine the level of alcohol in one’s body. A person may also be requested to provide a urine sample instead of a breath sample or in addition to a breath… Read More
