When you are arrested for DUI it triggers two separate procedures: the administrative suspension of your driver's license, and the criminal prosecution. Once you are arrested for DUI, time is of the essence. You have 10 calendar days from the date of the arrest to file a request with the Department of Highway Safety and Motor Vehicles (DHSMV) for a review of your case to challenge the suspension of your driver's license. If you fail to timely file this request, you will waive a very valuable right.
In addition to the administrative process, you will be facing a criminal charge of DUI. Many times I have been asked by potential clients that have blown over the .08 limit, whether it is worth it to retain an attorney? The answer is yes. DUI cases are arguably the most complicated cases to prosecute. What can my attorney do to defend my DUI charge?
Motions to Suppress If during an arrest or criminal investigation, the Court determines that law enforcement violated the 4th Amendment right against unreasonable searches and seizures; then the evidence found in violation of the 4th Amendment can not be used in the prosecution of the State's case.
The Stop Often times the initial traffic stop by law enforcement was conducted in violation of the 4th Amendment to the U.S. Constitution. Was there only minimal weaving over a short distance? Or was there some other minimal driving pattern that does not rise to the level of reasonable suspicion required by law enforcement to make a traffic stop?
Field Sobriety Tests (FST'S) Consumption of alcohol alone does not justify a law enforcement officer's request for FST'S. After a review of the evidence in your case it may be determined that after your routine traffic stop, the law enforcement officer only documented an odor of alcohol or blood shot watery eyes.
Violation of Miranda Warnings During the DUI investigation, did law enforcement fail to advise you that you have the right to an attorney during questioning?
Accident Report Privilege If a DUI investigation results after an automobile accident, Florida Law prohibits statements made during the initial crash investigation to be used in the subsequent criminal case. Frequently, critical statements are made during the crash investigation that can be suppressed in the criminal case.
Breath/Blood/Urine Tests Having a breath or blood alcohol level above a .08 does not mean that you are automatically going to be convicted of your DUI charge. Was the breath test instrument properly maintained, tested, and/or calibrated? Did law enforcement comply with proper procedures under the Implied Consent Law? Did law enforcement have the right to request or compel you did take a blood test? Was the blood test taken by a qualified person under the law? A positive urine test does not necessarily mean that the prosecutor can prove the case. Positive urine tests do not necessarily prove that you were under the influence of the drug or medication at the time of driving.
Refusal of Breath/Blood/Urine Tests During the DUI investigation did the law enforcement office fail to follow the proper procedure or fail to provide the proper warnings required by the Implied Consent Law?
Reduction to a Reckless Driving Frequently, if the facts or evidence of your case are such that a motion to suppress can be filed or prevails in court; this can lead to the prosecutor concluding that reducing your charge to reckless driving is necessary. Other factors may convince the prosecutor that a reduction to a reckless driving charge is warranted.
