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What Happens After a DUI Accident?
DUI, driving under the influence, is a serious offense and the penalties for conviction can be severe, especially if a drunk driving accident occurred. If you have been involved in an accident and have been drinking you may be charged with DUI. In Florida, as in most states, the legal drinking limit is a blood alcohol content (BAC) of 0.08% for adults over the age of 21. If an accident occurs while you are found to be DUI, the penalties are more severe. The first thing to do, as with any accident, is to seek medical attention if anyone is hurt. It is also a requirement to file an accident report for any accident that occurs.
DUI Tests
If the police officer feels that you may have been drinking he may ask you to take some field sobriety tests. There are a number of field sobriety tests that can be done including such tests as walking a straight line, reciting the alphabet, and standing on one foot. These tests are done as a preliminary way to determine if you may have been drinking. If the officer requests, you must submit to a DUI test that may be:
- Breathalyzer
- Blood
- Urine
If you have been transported to the hospital as the result of the accident, the police may request the hospital to perform a DUI test. These tests measure the percentage of alcohol in the blood. Taking the test either too soon after drinking or too long after drinking may impact the results. Florida has an implied consent law – you must comply with DUI tests if requested to do so by law enforcement. Failure to comply could result in additional charges and penalties.
Hearings and Trial
The first hearing or arraignment is done soon after your arrest. This is the time when the charges will be formally made against you and if you’re being held in jail, bail will be set. DUI charges are criminal but have a negative effect on your driver’s license. At the time of your arrest, your license will be temporarily suspended until the case is resolved at trial. You may request a hearing with the Florida Department of Highway Safety and Motor Vehicles. This must be done within 10 days of your initial arrest. It is helpful to have your attorney request the hearing and represent you. The purpose of the hearing is to retain driving privileges until your case is resolved. Failure to request a hearing forfeits your right to it.
Defending a DUI Case
Retain an experienced attorney to defend your case in court. Sometimes the DUI tests may not have been given properly or the machine used to administer the test may not have been working properly. These types of problems can be used in your favor to defend your case. If there were any witnesses to the accident it is helpful to get their names and contact information so your attorney can speak to them. It is important that you do not make any statements to police until you have contacted an attorney. Even simple statements such as “I’m sorry” could end up hurting your case later on. When it comes to DUI cases, every situation is different. An experienced lawyer will be able to review what occurred and assist you with a defense that provides the best possible results.
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
