Defense in case of Operation under Influence in Florida
February 3, 2017 admin
In many ways, “Driving under the Influence” or “DUI” is one of the most interesting crimes, and sometimes frustrating that a criminal lawyer can handle. There are many reasons for this. First, DUI is a crime; perhaps more than any other, it tends to cross social boundaries. Our Orlando DUI lawyers have represented clients on everything from ones that were still in high school to others retired. Young or old, male or female, rich or poor, most of us know or are related to someone at some time been facing DUI charges. That’s why probably, once people know what we do for a living, inevitably make us more questions about DUI than any other kind of criminal offense. These people want to know everything about the DUI, including whether or not to take the breath test, and whether or not to submit to field sobriety exercises. Proponents of DUI law and criminal lawyers’ attorneys routinely handle cases of “Management under the influence “anywhere in Central Florida.
Florida DUI Defense
Getting a DUI charge is dismissed or gets a verdict of “innocent” can often rely on a small detail that is obtained. December Law lawyers reconsidered all the evidence and statements from witnesses to find answers to very important questions, including:
- Are the results of blood tests and breathe accurate?
- Have been the results of the breath test compromised in any way?
- Were the field sobriety tests performed according to the protocol?
- Had the officer proceeded to arrest probable cause to stop the vehicle?
- The officer preceded to the arrestor processed all details precisely?
- Showed to the defendant that was exhibiting handling impaired driving?
- The defendant’s constitutional rights were violated in any way?
Penalties for DUI in Florida
DUI cases in the State of Florida are even more complicated because they are one of the few minor offenses for which the law imposes mandatory minimum penalties. This means that when someone is convicted of ” driving under the influence “either accept a deal or because the verdict of a jury, the judge must order the person to the minimum punishment required by law and the Court has discretion to reduce or mitigate the punishment, even if it is the defendant’s first offense. If you are charged with DUI in Orlando, in Central Florida or elsewhere in Florida, it is highly recommended that you contact a DUI lawyer with experience.
The minimum penalties for DUI in the state of Florida include:
- Adjudication of guilt
- Supervised probation period (usually a year)
- Minimum fine of $ 500.00
- Secular attendance of Attack Against DUI (Counter Attack School)
- Undergo an assessment of Alcohol Abuse and other substances and the complete treatment, if this is recommended
- Victims Awareness Program
- Revocation of driver’s license for six (6) months
- Fifty hours of Community Service
- Ten-day vehicle impoundment
- Payment of legal costs and, if applicable, payment of costs incurred by the prosecution during the investigation
The penalties mentioned above are only the minimum sentences for those who have not been convicted of DUI and oriented if there are no aggravating factors. If the result of the breath test is 150 or more, or if there was an accident, the imposition of additional sanctions, including the use of an “ignition lock” device is mandatory. Defendants who have had prior DUI convictions also face additional mandatory sanctions and may even be accused in court.
In addition to criminal penalties related to DUI, a person accused of “driving under the influence “is facing the suspension of the license of the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This penalty is completely separate from the criminal case and should be challenged within ten (10) days following the arrest for DUI.
Because someone accused of ” driving under the influence “has to deal with both the criminal justice system as the DHSMV and because of the mandatory sanctions involved, criminal defense attorneys of December & Born in Orlando recommend that an accused person of ” driving under the influence “in the area of Central Florida, should get in touch with an experienced DUI lawyer.
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