DUI Overview

Effective DUI Defense

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I am Mitchell Fox, an experienced drunk driving and criminal defense attorney serving clients in Florida.

Please contact my DUI defense practice today to arrange a free initial consultation if you or someone you know has been charged with DUI.

Below I have provided information about the laws and consequences relating to drunk driving in the State of Florida.. Contact me with any questions. My practice is devoted to protecting your rights and achieving the best outcome in your Florida DUI case.

In Florida, the charge of Driving Under the Influence of Alcohol or Drugs (DUI) alleges that your Blood Alcohol Concentration (BAC) was .08% or greater within two hours of operating or attempting to operate a vehicle or that you operated or attempted to operate a vehicle while under the influence of alcohol, drugs or any combination of alcohol and drugs to a degree that rendered you incapable of safely doing so. Because Florida law provides for conviction under either "leg"

of this split standard, thorough and aggressive defense of a DUI charge requires the skills of a qualified Florida DUI defense lawyer.

Florida DUI cases are procedurally consistent with any other criminal charge in that the prosecution bears the burden of proving the charge "beyond a reasonable doubt." However, because of an increased public intolerance of drinking and driving, defending against a Florida DUI charge has become increasingly more complicated, and the penalties for conviction have become much more serious.

In order to defend against a Florida DUI case, your attorney must be ready and able to attack the Government's evidence of intoxication. There are a number of avenues that an experienced, thorough DUI defense attorney can pursue in order to defend the client. Countless DUI cases have been won by contesting the constitutionality of any stops, searches and seizures; challenging the precision and proficiency with which the arresting officer conducted the field sobriety tests; challenging the training and experience of the individuals who conducted any chemical tests as well as the test results themselves; and by testing the credibility and reliability of the statements of any witnesses.

Florida DUI arrests give rise to two distinct and separate aspects of your case: the criminal proceedings, which are resolved in the municipal or district court where the case is charged and can result in fines and/or jail time; and the administrative proceedings, which can result in the suspension of your driving privileges. It is extremely important to pay attention to both the criminal court case and the administrative driver's license case, as the deadlines, rules, procedures and burdens of proof are entirely different.

At the administrative level, the term of suspension that you face depends upon several factors: whether you failed the chemical test or whether you refused to submit to it; whether this is your first or subsequent test failure or refusal; and whether you are over or under 21 years of age. The time of suspension of driving privileges, depending on these factors, ranges from 30 days to permanent revocation of driving privileges.

Florida DUI law provides you with the right to an administrative hearing wherein you or your lawyer can challenge the grounds upon which your license is suspended. If you request an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. In other words, the validity of your temporary driving privileges is extended until after the hearing, which is frequently scheduled months after the request.

Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case.

At the hearing, a number of issues can be raised in your defense, depending on the facts of your case.

These issues include: whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs; whether you were given the legally required notices before being asked to submit to testing; whether your actions constituted a legal refusal to take the test; whether the testing equipment and the officer operating the machine were certified; as well as other due process or other constitutional issues.

If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you must send a letter requesting an administrative hearing within 10 calendar days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you obtain the services of a well-qualified Florida DUI defense lawyer as soon as possible after the arrest.

Another very important consideration is the fact that the Department of Motor Vehicles may also suspend your driving privileges if you are ultimately "convicted" of DUI or plead "guilty" to DUI at the Court level - regardless of the outcome you achieved at the Administrative Hearing. Even if the certifying officer fails to appear at the Administrative Hearing and the order of suspension is technically "dismissed," if you later are convicted or enter a plea agreement at the Court level, you still face suspension of your driving privileges. In other words, to avoid suspension of your driving privileges completely in any DUI case, it is essential that you prevail at the Administrative Hearing and avoid conviction at the Court level.

Florida DUI cases in criminal court may result in fines, jail time, court-ordered suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for DUI. It no longer matters where or how long ago a prior conviction occurred. Now, all prior DUI convictions and DUI diversions count, regardless of where or how long ago they occurred.

A first conviction for DUI is a Class B misdemeanor offense. The potential sentence is up to but not more than six months in jail. If convicted, the defendant must serve at least 48 consecutive hours in custody as a prerequisite to probation, unless the court allows the person complete 100 hours of community service instead of the mandatory minimum 48 hours in custody.

The fine for a first conviction ranges between $500 and $1,000. At the administrative level, driving privileges are suspended for 30 days, followed by 330 days of restrictions for test failure. For a test refusal, driving privileges are suspended for a full year. The driver must undergo a drug and alcohol evaluation and will be required to successfully complete any and all treatment is recommended by the evaluator.

A second conviction for DUI is a Class A misdemeanor offense. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least five consecutive days in custody as a prerequisite to probation, but the judge can order the defendant to serve 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500.At the administrative level, driving privileges are suspended for one year followed by one year of ignition interlock restrictions for a test failure and driving privileges are suspended for a full two years for a test refusal.

A third conviction for DUI is an "unscored felony"

punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. The fine for a third conviction ranges from $1,500 to $2,500. At the administrative level, the term of suspension for a test failure is the same as for a second offense: one-year suspension of driving privileges followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years.

A fourth conviction for DUI is also an "unscored felony." Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, driving privileges are suspended for one year followed by one year of interlock restrictions for a test failure. For a test refusal, the term of suspension is 10 years. If there is a fifth conviction, driving privileges are permanently revoked regardless of whether the driver refused or failed the test.

Contact a Florida DUI Lawyer with the experience and the dedication to get the best possible outcome in your drunk driving case. I offer a free initial consultation, including evening and weekend hours. For your convenience, I can accept Visa, MasterCard, American Express and Discover as payment.