Gainesville DUI And Ocala DUI Defense Lawyer
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Upon being arrested and charged, under section 316.193, with driving under the influence (DUI) of alcohol or drugs, it is imperative to contact a DUI attorney immediately. A person accused of DUI must act within ten (10) days of the arrest to protect all driver’s license rights. A conviction for drunk driving or DUI brings serious consequences and will stay on a Florida Driving record for 75 years. The firm represents residents, students and visitors facing criminal charges for DUI.
A DUI is more complex than almost any other case. Currently, the Intoxilyzer 8000 is the machine used in Florida, and it has been in use since 2006. Understanding how to attack the machine used, the law, the regulations, and the data compiled by the Florida Department of Law Enforcement is vital to the defense of any DUI case involving a breath sample. A DUI defense lawyer should be able to explain the inner workings of the Intoxilyzer 8000 and the scientific theories behind the machine.
Confusing for most is that a Florida DUI starts more than one proceeding against the accused. First the proceeding against the driver’s license in an administrative hearing at the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Immediate action by the accused is needed to have an administrative hearing or waive the hearing and apply for a hardship license. Not all people qualify for a hardship or restricted license. Second, a criminal case begins in the courthouse. If a student is accused, then a third proceeding, a conduct code action, can begin at the University of Florida Dean of Students Office seeking to expel or suspend the student.
When pulled over, maintaining a courteous and polite attitude will influence how the officer(s) treat(s) the individual at the traffic stop. Being pulled over or even refusing the breath test can be challenged later. Refusing the breath test, will result in a suspended driver’s license unless action is taken. A second refusal is a misdemeanor if a license has been previously suspended for refusing to submit a sample.
The DUI citation will act as a temporary diving permit for ten (10) days. If no action is taken, the license will be suspended. However, a person accused of DUI has a right to challenge the suspension in a formal review hearing at the Department of Highway Safety and Motor Vehicles (“DHSMV”) or DMV.
You Have Legal Rights; Use Them
The repercussions of drunk driving are significant. For a first-time DUI conviction, the penalties may include a fine, up to six months in jail, community service, DUI school and the impounding of your vehicle. Second convictions or enhanced breath results (over .15) bring higher fines and longer jail sentences in addition to the mandatory installation of an ignition interlock device. This device will require you to blow into it prior to allowing the car to start. Third, fourth and more DUI convictions bring additional exposure to jail time, longer license suspensions and longer impositions of the ignition interlock device.
If arrested, exercise the right to remain silent. Be sure to ask for your attorney, Christian A. Straile, and then do not speak to anyone until an attorney is present. The firm will do all that it can to help avoid a conviction, maintain a license and keep a student enrolled at the University. Collaboration is held with a team of experts to investigate the case and reconstruct the accident scene if a DUI with property damage, DUI bodily injury or DUI manslaughter. Representation is available in any proceeding resulting from a DUI arrest whether it is a DHSMV hearing, a criminal hearing or a hearing at the University of Florida.
To hire a DUI lawyer in Gainesville, Ocala or anywhere else in North Central Florida, click, call or fill out the form. A flexible appointment schedule is maintained. Hablo español.
For more information please visit the DUI blog.