DUI Attorneys Alavi, Bird & Pozzuto will attack your DUI case with aggressive legal strategies and creative negotiation tactics to get you the best results possible. Severe punishment demands a serious defense. Florida requires mandatory penalties for DUI conviction. These sanctions will impact your liberty, finances, employment status, and reputation. Contact experienced DUI Lawyers for indispensable advice and help with your case.
Call (352) 732-9191 or email our DUI Defense Team today.
DUI is one of the most severely punished charges an otherwise law-abiding person may face. If you are arrested or charged with a DUI, in addition to work, school or general transportation issues, you may face severe DUI penalties such as jail time, lengthy probation, license suspension, stiff fines, alcohol or drug treatment, installation of an ignition interlock device and its monthly costs, increased insurance rates, community service hours and having your car impounded.
OCALA DUI ATTORNEY
If you have been charged with DUI in Ocala or the surrounding area (Citrus, Hernando, Lake, Marion, and Sumter Counties), contact Tania Alavi, Christine Bird or Andrew Pozzuto now. We have over 75 years of combined DUI and criminal defense experience. We will fight the allegations against you and work to help you avoid the most serious penalties for your alleged offense. Call (352) 732-9191 or tell us about your case using this form.
GAINESVILLE DUI ATTORNEY
If you have been charged with a DUI in Gainesville or the surrounding area (Alachua, Baker, Bradford, Gilchrist, Levy, and Union Counties), contact Tania Alavi, Christine Bird or Andrew Pozzuto now. We are experienced criminal defense attorneys with offices in both Gainesville and Ocala. We will patiently explain all of your options from challenging your arrest to preparing for trial. Call (352) 732-9191 or tell us about your case using this form.
FORMAL REVIEW HEARING: YOUR DRIVER LICENSE SUSPENSION
Please Note the 10 Day Rule: You only have until midnight of the 10th day after your DUI arrest to request a Formal Review Hearing to contest the administrative suspension of your driver license. (Your DUI Attorney can do this for you). This allows your DUI Lawyer to fight the DMV on whether your driver license remains suspended or not. Your license is automatically suspended after a DUI arrest if the driver refuses to give a breath test or provides breath test reading of .08 or above. Florida Statute 322.2615 and Chapter 15A-6 of the Administrative Code.
Experienced DUI Lawyer, Tania Alavi, Christine Bird or Andrew Pozzuto will defend your administrative rights by attending the DMV hearing, subpoenaing witnesses, cross-examining police officers, presenting motions and arguing to invalidate your driver license suspension.
THE 10-DAY RULE:
YOU ARE ENTITLED TO A FORMAL REVIEW HEARING ON WHETHER YOUR DRIVER LICENSE REMAINS SUSPENDED AFTER A DUI ARREST
You only have 10 days after your DUI arrest to request a formal review hearing to contest the administrative suspension of your driver’s license. The rules for the administrative suspension are found in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code. The administrative suspension occurs after a DUI arrest for any refusal case or breath test reading over .08.
Additionally, requesting a Formal Review Hearing allows you, if eligible, to obtain a 42 permit (hardship license/Business Purposes Only permit) that allows you to drive for work, school, etc.
DRIVING UNDER THE INFLUENCE IN FLORIDA
A person can be arrested for Driving Under the Influence (DUI) when law enforcement officers accuse a driver with operating a motor vehicle after consuming alcoholic beverages, illegal drugs or even prescription medication.
- Driving Under the Influence
- Florida Statutes 316.193 define Driving Under the Influence (DUI) as driving or in actual physical control of a vehicle when under the influence of alcohol or drugs to the extent that the driver’s normal faculties are impaired or the driver has a blood or breath alcohol level or 0.08 or above.
- In Florida, the prosecutor can attempt to prove DUI using two different theories:
- Blood Alcohol Method: the driver’s breath or blood alcohol concentration is above .08. Under this theory, it does not necessarily matter whether the driver was actually impaired or “drunk.” The driver is legally presumed to be impaired.
- Impairment Method: the driver’s “normal faculties” were impaired. This theory does NOT require evidence of the driver’s blood or breath alcohol level. If a driver refuses to provide a breath sample (DUI refusal case), the state may still present evidence that the driver was impaired by alcohol or drugs (video footage, testimony of witnesses including police officers, accidents, erratic driving, field sobriety tests, balance problems, odor of alcohol, the driver’s demeanor or behaviors, etc.).
- Both Methods: In most DUI cases that include breath or blood test results, the state provides evidence of both the scientific results and testimony related to the driver’s impairment.
- Penalties: In Florida, a First DUI with no aggravating factors is punishable by:
- Fine – $500 to $1000 (blood alcohol level of .15 or higher or minor in a vehicle)
- Community Service – 50 Hours
- Probation – Not more than 1 Year
- Imprisonment – Not more than 6 Months
- Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months
- License Revocation – Minimum of 180 days
- DUI School – 12 Hours
- The penalties for a DUI conviction become enhanced if any of the following aggravating factors can be proven beyond all reasonable doubt:
- a third DUI outside of 10 years of any prior;
- a second DUI within five (5) years of a prior;
- a crash with property damage or non-serious personal injury;
- a child passenger under the age of 18 years old; or
- a BAC reading at .15 or above.
- Felony DUI exposing a driver to 5 to 15 years prison may be charged:
- When DUI involves a crash with death
- When DUI involves a crash with serious bodily injury;
- There are two prior DUI convictions with one being within the last ten (10) years (the 3rd DUI within 10 years);
- There are three prior DUI convictions in the lifetime of the driver (the 4th DUI).
A first DUI requires severe minimum mandatory penalties. Investigating the case and preparing for trial is complex and involves scientific evidence, search and seizure issues, and testimonial evidence. Seeking the advice of an experienced DUI attorney who has properly analyzed the facts and evidence is essential for a positive result.
If you have been arrested or charged with any Driving Under the Influence (DUI) crime in the Ocala or Gainesville area, contact Alavi, Bird & Pozzuto, PA immediately.
Let’s meet and discuss your case. Call (352) 732-9191 or email us today to get started.