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I Wasn’t Read My Rights – Will DUI Charges Stick?
DUI charges are serious and a conviction can have long-lasting penalties. If you have been charged with DUI you will need to properly defend yourself. Many people think that because they weren’t read their rights the DUI charges will automatically be dropped. While law enforcement likely did make some mistakes in your arrest, the charges won’t necessarily be dropped. In fact, a great many cases where arrests were seemingly mishandled proceed to court and end in conviction. If you feel your case was handled inappropriately the best thing to do is to immediately consult with a board certified* DUI lawyer. It’s important to remember that even if some minor problems occurred with your arrest the facts of the case will dictate whether the case proceeds or not.
First Hearing
The first hearing, also known as the arraignment, is where the official charges against you are presented by a judge. This is a very important hearing because if you have several charges pending it may be possible to mitigate them. This can’t be done alone, however. You’ll need to engage the assistance of a highly qualified lawyer who works in the area of DUI on a daily basis. Your lawyer will immediately review your arrest and the charges against you to determine the best way to proceed. The attorney may be successful at getting some of the charges dropped or reduced. Additionally, the hearing is where your bail will be set. An attorney will work vigorously to try to get your bail removed or at the very least, lowered. If you are unable to pay for bail it is possible to seek help through a local bail-bondsman.
Problems with the Arrest
There are often problems that occur during a vehicle stop and subsequent arrest. You should try to recount exactly what happened so that your lawyer can determine whether or not the problems were significant in your case. Most DUI arrests occur through a traffic stop. The officer may ask you to step out of the car and perform some basic field sobriety tests. These may include such things as walking a straight line or reciting the alphabet. These types of tests are performed simply for the purpose of the police making a determination as to your DUI status. If the police officer decides that you were indeed driving impaired he may request that you take a breath, urine, or blood test. These tests will take a measurement of your blood alcohol content (BAC). In Florida, if your BAC is above 0.08% you are considered to be DUI.
Failure to Submit to Testing
Drivers in the state of Florida are required to submit to testing if requested by a member of law enforcement. The implied consent law is one that most people don’t know about until after they have been arrested for DUI. In order to obtain your driver’s license you agree to this testing if requested. Failure to submit to the tests is itself against the law and you will be subject to charges and penalties that include an automatic suspension of your driver’s license. Further, failure to take the test can be used against you in your DUI court case. If asked to submit to testing it is best to consult with your attorney before doing so. Anytime there were mistakes made during your arrest process you need to discuss them with your lawyer. Your DUI lawyer will do everything possible to assist you throughout the difficult process of defending your DUI charges.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
