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Is DUI a Criminal Charge?
While DUI, driving under the influence, occurs while operating a motor vehicle, the offense itself is criminal in nature. A DUI typically occurs in conjunction with traffic offenses, which is why you were likely stopped in the first place. For example, if you failed to signal your turn and were pulled over, the officer may also charge you with DUI if they determine that you have been drinking. These charges are independent of each other. DUI is a criminal offense and carries specific penalties that may include such things as fines, jail time, and a suspension of your driver’s license. Because DUI is a criminal charge, it must be taken very seriously. If convicted of DUI it will be on your record and could have a negative impact on many aspects of your life.
DMV Hearing
The first thing you must do if charged with DUI is request a hearing with the Florida DHSMV. This hearing must be requested within the first ten days after your arrest. If you wait longer than that you’ll have given up your right to this important hearing. What is a DHSMV hearing? At the time of your DUI arrest you’ll have given up your driver’s license and unless otherwise determined, your license will be temporarily suspended until the outcome of your DUI court case is resolved. This can be weeks or even months. In order to maintain your driving privileges you’ll need to state your case at the DMV. It is helpful to have your attorney represent you in this initial DHSMV hearing. In many cases you’ll be able to maintain at least a restricted driver’s license until the case is completed. If you fail to request a hearing you may end up with a suspended license for 6 months or longer.
DUI Penalties
The penalties for DUI conviction in Florida are harsh. Even first-time offenders will be subject to punishments that will include:
- Suspension or revocation of driver’s license
- Jail sentence
- Fines
- Driving classes
- Rehabilitation
The penalties for subsequent DUI convictions increase. Also, if the DUI occurred in conjunction with an accident with injuries or property damage, or with a minor in the vehicle, the penalties increase as well. Most often those who are convicted of DUI for the first time will have their driver’s license suspended for a period of time (typically at least 6 months), will have to pay fines of at least $500 or more, and may have to serve a jail sentence. Your attorney will work immediately to try to get the charges reduced and the amount of bail lowered.
Resolving DUI Charges
Remember that just because you are charged with DUI doesn’t mean that you’re guilty. You aren’t guilty of charges unless you are found guilty in court. It’s essential to seek guidance and support from an experienced DUI attorney. Your lawyer will review all the evidence of the initial arrest as well as the results of any DUI tests that were completed. With this information your attorney will present the defense that will result in the best possible outcome in your case. Every DUI case is different and your lawyer will need to take a look at everything involved in working towards your defense. Your attorney will guide you through the complex legal process and will work tirelessly to help resolve your DUI charges in the most favorable way.
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
