Can I Fight DUI Charges?

When you see those flashing lights in your rearview mirror, your heart might start to race, and a wave of anxiety can wash over you. It’s a natural reaction, but it’s important to stay as calm and composed as possible. The officer approaching your car will observe your behavior and responses from the get-go. Anything unusual or erratic might raise suspicion. Keep your movements steady and your responses polite. Remember, the officer is just doing their job, and courtesy can go a long way in these situations.

The DUI Arrest Process

Getting charged with a DUI can be a really scary experience. Usually, it all starts with a pretty routine traffic stop. After pulling you over, the officer might start asking if you’ve had anything to drink. Then, they could ask you to do some field sobriety tests and maybe even a BrAC (breath alcohol content) test. In Florida, a BrAC of 0.08% or higher is above the legal limit.  However, an officer cannot give you a breath test in Florida unless you have already been arrested.  A valid breath test is given subsequent to a lawful arrest in Florida, according to Florida Statutes 316.1932. If your BAC is higher than 0.08%, a jury will be instructed to presume you are impaired. 

But don’t panic – just because you’re arrested doesn’t mean you’re automatically guilty. DUI is a criminal charge, so you’ll have your day in court to tell your side of the story.

What Happens During DUI Tests

The field sobriety tests can be tricky. They might ask you to walk in a straight line, stand on one leg, or follow a light with your eyes. These tests are designed to check your balance and coordination – basically, any errors you make, no matter how slight, will be taken by the officer as an indication that you’ve been drinking.

Let’s dive a bit deeper into each of these tests. The walk-and-turn test is pretty straightforward: you’ll be instructed to take nine steps forward, heel-to-toe, along a straight line, then turn on one foot and return in the same manner. It sounds easy, but nerves can make it challenging. The one-leg stand test involves standing on one leg for 30 seconds while keeping your other foot off the ground. This test assesses your ability to maintain balance without using your arms for support. Lastly, the horizontal gaze nystagmus test involves following an object, usually a pen or flashlight, with your eyes. The officer looks for involuntary jerking of the eyes, which can be a sign of intoxication.

If you are arrested, you will be asked to provide a sample of your breath. The breath test, using an Intoxilyzer 8000 in Florida, estimates how much alcohol is in your system. If you refuse to take these tests, you could face additional charges if you have previously refused to take the breath test.

What a DUI Charge Means for You

If you get charged with a DUI in Florida, you can expect your driver’s license to be suspended immediately, even prior to the State providing any evidence of your guilt. This can really mess with your daily routine – getting to work, running errands, and all that stuff. 

But there’s some hope: the experienced board-certified* DUI defense lawyers and our team at Katz & Phillips, P.A. can help you get a hardship license so you can continue to work or go to school.  Further, we may be able to get your regular driving privileges back. However, you must remember that you only have 10 days to act to save your driver’s license from the day of your arrest.  Call us now so we can help protect your ability to drive.

The suspension of your driver’s license can feel like a huge blow. It affects your mobility, independence, and even your ability to work if your job requires driving. But it’s not the end of the road. In Florida, you have the option to request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). 

This hearing must be requested within 10 days of your arrest. During the hearing, you and your attorney can challenge the suspension and present evidence to argue for the reinstatement of your driving privileges. 

You may also have the ability to waive your right to a hearing and ensure you get a hardship license. Speak with our Orlando DUI defense attorneys, and we will discuss the specific facts of your case and your situation and guide you in your decision as to whether or not to have a hearing or waive it and get a hardship license. 

Going to Court and Setting Bail

After your arrest, typically, a bond will be set according to Florida’s bond schedule.  If you bond out prior to court, you will not have to see a judge. If you are still in jail, you will be brought before a judge within 24 hours. If you are brought before the judge, it is important that you do not discuss the facts of your case or say anything other than “Not Guilty.”  It’s a good idea to get in touch with a DUI attorney as soon as you can after release. In most situations, Florida law will require you to remain in jail for 8 hours prior to release on a DUI charge, even if bond is posted prior to that time.

How to Fight DUI Charges

Just because you’ve been charged with a DUI doesn’t mean your life is over. One of the most important things to do is to stay calm and get help from a professional. The sooner you get a lawyer involved, the better your chances are for a good outcome. If possible, get your lawyer right away when you’re arrested, and remember – you don’t have to answer any questions without your attorney there.

It’s essential to remember that you have rights, and one of the most crucial rights is the right to remain silent. Anything you say can and will be used against you in court, so it’s best not to answer any questions or make any statements without your lawyer present. Our board-certified* DUI Defense attorneys and our entire team will be there to guide you through the process, ensuring your rights are protected every step of the way.

Looking at Every Detail

When you hire Katz & Phillips, P.A. to help you and your family through the DUI process, you can rest assured that your attorney will go through every part of your case, from the traffic stop to your arrest and the breathalyzer test. They’ll be looking for anything that could help your defense. For example, they might question whether the traffic stop was legal, if the sobriety tests were done correctly, and if the breathalyzer was working properly. Any of these details could make a difference in your case.

Our board certified* DUI attorneys know the ins and outs of DUI law and will scrutinize every detail of your case. Was the traffic stop justified? Did the officer have a valid reason to pull you over, or was it a case of profiling or an illegal stop? Were the field sobriety tests administered according to standard procedures, and were they recorded? If not, your attorney might argue that the tests were unreliable or improperly conducted. The accuracy and maintenance of the breathalyzer used in your test will also be a critical point. If the device wasn’t calibrated correctly or maintained according to guidelines, its readings could be challenged.  There are many other ways in which our attorneys help our clients charged with DUI.  The strategy to help you will be customized to the facts of your case and your personal situation and desired outcome.

The Importance of a board-certified* DUI Lawyer

The DUI defense attorney you hire can make a huge difference. We know the law, and we know how the police were required to perform their investigation. We will challenge every bit of the evidence against you, question the police procedures, and work to get the best possible outcome for you. 

We always work to get the charges dismissed; however, if this is not possible, we will work to get you the best possible outcome, which could mean getting the charges reduced and negotiating a favorable plea deal. Of course, we love going to trial and hearing juries return “not guilty” verdicts for our clients. We never try to persuade you into taking a deal or avoiding trial.  We will discuss the state’s best offer and the strengths and weaknesses of your case with you and answer any and all of your questions so you can decide how to proceed with resolving your case. It’s your life, so it’s always your decision. 

Our role goes beyond just representing you in court. We will also help you understand the charges against you, the potential penalties, and the best strategies for your defense.

Long-Term Effects and Clearing Your Record

A DUI conviction can follow you around forever (ok, 75 years) – higher insurance rates, trouble finding a job, and having a criminal record are a few potential consequences. But with our help, if you get your charges dismissed or reduced, there’s a chance you could get your record expunged or sealed, which means you can get it removed from your record. This involves asking the court to wipe it clean, which can help you move on with your life.

The long-term consequences of a DUI conviction can be daunting. It can affect your personal and professional life, and the stigma of a criminal record can be challenging to overcome. However, depending on the specifics of your case and the outcome, we can help you achieve an expungement of the arrest, which might be possible. This process involves filing a petition with the court and demonstrating that you’ve met all the requirements for expungement, such as completing probation or other court-ordered programs. If granted, an expungement can significantly improve your future prospects by removing the arrest and outcome from your public record.

Call Katz & Phillips For Help Fighting DUI Charges

Getting charged with a DUI in Florida is a big deal, but it doesn’t have to ruin your life. By understanding what to expect, knowing your rights, and getting an experienced DUI lawyer, like the board certified* DUI Defense experts at Katz & Phillips, P.A., you can handle the legal process better and work towards the best possible outcome. Just remember to stay calm, be proactive, take the necessary steps to protect your future, and remain silent.

The experience of being charged with a DUI can be overwhelming, but it’s important to take it step by step. Educate yourself about the process, seek professional legal help, and make informed decisions. With the right approach and support, you can navigate this challenging time and work towards a resolution that allows you to move forward with your life. We look forward to speaking with you and discussing how we can help you get through this challenging time.