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Criminal Defense Serving Florida
 

 

DRIVING UNDER THE INFLUENCE (DUI)

You just had a few drinks with friends and are on your way home when, suddenly, police lights are flashing in your rear-view mirror. A million thoughts run threw your head…will I be arrested for DUI?...will I go to jail?...will I lose my license?...will I lose my job?...what punishment will I get?... DO I NEED AN ATTORNEY?

YES! If you have been arrested in Florida for a DUI, you need an experienced DUI attorney to help you. Remember, the Police Department and the State Attorney's Office will use all of their personnel, financial resources, and training to prove you are guilty of DUI.

The police go through extensive training to make their DUI case stick. The police are trained to how to testify so that a jury believes them, not you, the police are trained how to write reports and use words and phrases in their favor¸ and the police are trained to interrogate and twist your words!

Do you really want to go it alone? You need an experienced DUI attorney to help you! Call us now for a free DUI consultation.

Even a 1st offense DUI is a very serious matter in Florida. No longer is drunk driving treated as a "glorified" traffic ticket. You are facing stiff fines, court-ordered license suspension, and even jail time.

Florida DUI laws, F.S. §316.193 states, a person is guilty of the offense of driving under the influence…if the person is driving or in actual physical control of the vehicle within this stat and: (a) The person is under the influence of alcoholic beverages, any chemical substance…or any substance controlled…(b) the person has a blood alcohol content "BAC" is 0.08 or more grams of alcohol per 100 milliliters of blood.(2) hours of operating a motor vehicle, or (c) the person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath..

So, you thought, if I refuse to give a sample of my breath or blood, then nothing can happen - no proof, right? NO - refusal to submit to a blood or breath will automatically suspend your driving privilege for a period of 1 year for a first refusal, or for a period of 18 months if your driving privilege has been previously suspended as a result of a refusal to submit to such a test or tests.

And, the police can tell the Judge that you refused to submit to a chemical or physical breath test upon their request, which is admissible into evidence in any criminal proceeding for DUI. Gee, Judge, why'd he refuse if he's not guilty???

Do you really want to go it alone? You need an experienced DUI attorney to help you! Call us now for a free DUI consultation.

Being arrested for DUI only means you have been accused of doing something wrong. It does not mean you are guilty of DUI. We will help you fight your DUI case. Remember, in the United States, the BURDEN OF PROOF is on the prosecution to prove you are guilty beyond and to the exclusion of every reasonable doubt.

First, we must fight the traffic stop on which the DUI is based. Did the police have cause that you committed a violation of the law? What evidence do the police have?

IMPORTANT!!! In Florida, you only have TEN (10) DAYS from the date of your DUI arrest to file for an administrative hearing to determine whether the police had that cause to believe you should have been pulled over. The police probably never informed you of this important time limit…and they don't have to!!!

After the police stopped you, did they properly administer the Standardized Field Sobriety Tests for DUI? Were the chemical tests administered properly? Was the equipment properly calibrated?

The police routinely say the driver had the indicia of DUI impairment - in fact, they practically rubberstamp every DUI case with the same terms: glassy, bloodshot eyes, slurred speech, fumbled with their wallet, or had an odor of alcohol.

Many of these seemingly damning signs can be explained away with medical or other reasons which we need to investigate. For example, glassy and bloodshot eyes can often be explained away with medical treatments or workplace conditions. And, most people would naturally fumble with their wallet when pulled over by police with lights flashing and sirens blaring, because they were nervous. You were, right???

You will not go it alone. We will help you through this painful and confusing process. We will sit with you and review your DUI case and the evidence against you. We will advise you of your rights. We will advise you as to the best course of action. We will tell you when and where you must appear for court. Of course, when we tell you the day and time for court, please be at least 45 minutes early and dress appropriately.

For more information or to schedule a private case evaluation with the Schwendeman Law Firm, call 855.674.9898 or Email at gregory@schwendemanlawfirm.com


 

 

 

     
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