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What Should I Do If I am Stopped for DUI?

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In Florida, as in other states, driving under the influence is a charge that is taken very seriously. The penalties for DUI conviction in Florida are severe and often include automatic license suspension, fines, and jail time. Many people wonder what they should do if they are stopped for DUI in Florida.

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What Happens in A DUI Traffic Stop?

If you are stopped… Read More

Search and Seizure: When is it Legal?

The Fourth Amendment constitutionally limits what law enforcement may do and the actions a police officer may take when attempting to gather evidence to use against you in a criminal proceeding. This is the amendment that addresses issues of search and seizure. The United States Constitution prohibits law enforcement from forcing their way into your home or onto your property to look for evidence, or to take anything they find suspicious, unless certain conditions are met.

One pivotal aspect of the Fourth Amendment is that it does not apply to most public places. The law says that if you’re… Read More

To Blow or Not to Blow

To blow or not to blow when you’re stopped on suspicion of driving under the influence is a question I am asked with some frequency. It’s not an easy one to answer. DUI arrests are two-pronged. They involve criminal charges as well as administrative challenges in the form of the DHSMV hearing you’re permitted to schedule within 10 days of your arrest to address the issue of retaining or losing your driver’s license. Taking or refusing a breath test affects both factors.

If you do blow and your BAC is .08 or higher, you could potentially lose your driving privileges for six months at the DHSMV… Read More

Prior To Taking The Breath Test Am I Entitled To Speak To An Attorney?

Unfortunately, Florida law does not allow you to request or consult with an attorney before you decide whether or not to take a breath test. The law makes a distinction between something you’re entitled to (a right) and something you elect to do (an option), and taking a breath test is an option. As long ago as 1986, in the case of State v. Hoch, 500 So.2d 597 (Fla. 3d DCA 1986), the Third District Court of Appeals ruled that a citizen’s Sixth Amendment right to an attorney doesn’t apply to breath tests, because your life, liberty and freedom don’t hang in the balance. Nor do Fifth Amendment rights… Read More

 

Find Out How Our Criminal Defense Lawyers Can Help You Katz & Phillips, P.A. works to try to keep your record clear and keep you out of jail, or to minimize the possible penalties of serious charges you face. To learn more, call today and speak with an experienced member of our legal team
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