When facing a DUI charge in Florida, one of the immediate concerns for many is the potential loss of their driving privileges. The suspension of a driver's license can disrupt personal and professional life significantly. Understanding how a DUI defense attorney can help preserve your driving rights is crucial.
The Immediate Consequences of a DUI Arrest
Upon arrest for a DUI in Florida, the officer typically issues a notice of suspension of your driver's license. This action is separate from any criminal proceedings and is handled through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). From the moment of arrest, the clock starts ticking on your ability to contest this suspension.
Administrative Review Hearing: A Critical First Step
One of the first defenses an attorney will raise involves requesting an administrative review hearing with the DHSMV. This request must be made within 10 days of the DUI arrest. Failing to do so means automatic suspension of your license, depending on your DUI history and the specifics of your case.
This hearing is not about determining guilt or innocence regarding the DUI charge but rather focuses on the circumstances surrounding the arrest and the legality of the license suspension. Key factors reviewed include:
- The legality of the DUI stop
- Proper administration of breathalyzer or other sobriety tests
- Adherence to protocols and rights during the arrest
An experienced DUI defense attorney knows how to challenge procedural mistakes and the validity of the evidence presented during this hearing.
Challenging the Breathalyzer Results
Another area where DUI attorneys are crucial is in challenging the results of breathalyzer tests. These devices are not infallible. Factors such as improper calibration, maintenance of the machine, and even physiological conditions of the person tested can affect the results. Attorneys can question the integrity of the breathalyzer results, potentially leading to them being disregarded in the administrative hearing and criminal case.
The Role of Field Sobriety Tests
Field sobriety tests (FSTs) are another component often contested in DUI defenses. The reliability of these tests can be questioned based on the conditions under which they were performed and the subjective judgment of the arresting officer. Demonstrating that these tests were flawed or improperly administered can be a pivotal part of your defense.
Utilizing Witness Statements and Surveillance
If available, video surveillance from a traffic camera or a business near the arrest site can be invaluable. Additionally, witness statements that contradict the officer’s account can bolster the defense. A detailed examination of all available evidence is critical, and an attorney will ensure that no stone is left unturned.
Legal Precedents and Statutory Defenses
Florida law provides for specific defenses that can be used in DUI cases. These include challenging the basis of the initial traffic stop or the arrest itself. Legal precedents set by previous court cases can also be used to support your defense. An attorney well-versed in DUI law will have a thorough understanding of these precedents and how they might relate to your case.
Mitigating Circumstances and Plea Bargains
In cases where the evidence against a defendant is strong, negotiating a plea bargain may be the best strategy. An experienced attorney can negotiate terms that might include reduced charges or penalties, which can often include retaining limited driving privileges under specific conditions, such as driving to and from work.
Long-term Defense Strategies
If your case proceeds to trial, a comprehensive defense strategy tailored to your specific situation is essential. This might involve challenging the prosecution’s evidence, presenting alternative theories about the circumstances of the arrest, and cross-examining witnesses.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Facing a DUI in Florida can be daunting, and the impact on your life can be significant, especially when it involves your ability to drive. Musca Law, P.A. understands the complexities of DUI cases and the importance of your driving privileges. With our team’s deep understanding of DUI laws and commitment to defending your rights, we are here to provide the support and representation you need. We are available anytime to discuss your case and how we can help protect your future.