Driving Under the Influence, DUI and DWI Lakeland Attorney
DUI is a serious criminal offense that can affect your freedom, employment, and insurance rates. DUI in Florida carries certain mandatory penalties. Most importantly, when you were arrested for DUI, the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV) suspended your license for a period of 6 months to 18 months depending on the facts of your case, whether you blew over .08 or refused the Breath Test, and your prior driving history. The DUI citation the officer issued is your temporary driver’s license for the next 10 days, if you are otherwise eligible. After the 10 days, the administrative suspension of your driver’s license is effective.
YOU HAVE A RIGHT TO TO HAVE A HEARING ON WHETHER THIS SUSPENSION IS UPHELD OR INVALIDATED.
YOU MUST APPLY FOR THE FORMAL REVIEW HEARING WITHIN 10 DAYS OF YOUR ARREST.
- Click here for the Formal Review Request Form
- Click here for answers to some answers to DUI FAQ
- Click her for DUI penalties
- Click here to learn how a prosecutor can prove a driver guilty of DUI if the arrested driver refuses the breath test
- Click here to learn how refusing to submit to the breath test could be a crime under Florida Criminal Statute 316.1939, a misdemeanor punishable by up to a year in the Polk County jail.
- Click here to learn about Felony DUI and DUI Manslaughter
- Click here for information on the Walk and Turn Field Sobriety Test
As your attorney, I will fight the administrative suspension of your driver’s license. This hearing is called a Formal Review. I will assist you in obtaining a hardship license so you can continue to drive to work if you are eligible. It is important that you have an experienced criminal defense lawyer represent you at the Formal Review. The Formal Review can be a valuable discovery tool to help prepare your case for court and for trial.
Some of the mandatory penalties for a first-time DUI conviction are:
- Adjudication of Guilty so you are convicted and can not seal or expunge any arrest
- 6 month driver’s license suspension (independent of the DHSMV suspension)
- 50 hours community service
- Fine and court costs
- Attend DUI school
- Attend the Victim Impact Panel (VIP)
- A period of supervised probation
- Vehicle impoundment/immobilization for 10 days – many times I can get this condition deleted for my clients
There are many important factors in a DUI case:
- Is the Breath Test admissible in court?
- Can the Breath Test results be excluded or thrown out?
- Is there a videotape of my arrest?
- Do the police have to videotape my arrest?
- How do I look on the video?
- Can the Field Sobriety Exercises be used against me?
- What is the Horizontal Gaze Nystagmus? (pen and eye exercise)
- Did the officer have to read me my rights (Miranda) at the roadside?
- Did I have the right to an attorney at the time the police asked me to take the Breath Test?
I was an accident, what is the Accident Report Privilege and how can that help my case?
I handle all DUI cases whether it is your first time ever being arrested or if you have prior DUI arrests. I also handle felony DUI cases. These include DUI with Serious Bodily Injury and DUI Manslaughter. Please call and set an appointment so I can explain the penalties for felony DUI including the Florida Sentencing Guidelines and why you may be facing at least 10 years in prison for a DUI Manslaughter case.
Each DUI case is different and unique based upon the individual facts of your case. Call now to set up your free consultation so I can answer these and other questions you may have regarding your DUI.
PROTECT YOUR RIGHTS…CALL AND SET YOUR FREE CONSULTATION WITH AN EXPERIENCED LAKELAND/TAMPA CRIMINAL DEFENSE ATTORNEY IMMEDIATELY!
Lakeland, FL (863) 838-5549
Tampa, FL (813) 789-6404Google+