Section 316.193, Florida Statutes, makes it unlawful for a person to drive, or be in actual physical control of, a vehicle either (1) while their normal faculties are impaired by alcoholic beverages and/or certain drugs; or (2) while having a breath or blood-alcohol level that is at least a .08.
If you've been arrested for DUI, you face potential license suspension, mandatory conviction (a permanent criminal record), jail time, hefty fines, community service, ignition interlock, and other mandatory penalties under Florida law. While some may scorn or judge you, we believe that you are entitled to your constitutional presumption of innocence and an effective attorney by your side.
I think I might be guilty. Do I need a lawyer?
First, the burden of proving DUI, as in other criminal cases, is on the State Attorney, who must prove the case beyond a reasonable doubt. In some cases, this proof consists of only the officer's opinion, and dash cam video shows that the officer's report is incorrect or misleading. Other times, the state relies on breath test evidence performed on old machines with spotty maintenance records. You need an attorney experienced in recognizing and presenting potential defenses that might exist in your case to get the best possible result. Sometimes, the charge can be reduced to a lesser charge (such as reckless driving) or be dismissed altogether.
Should I ask for a Formal Review Hearing?
If the arresting officer suspended your license because you refused to provide a breath, blood or urine sample, or because your breath or blood-alcohol level was at least a .08, you have only 10 days to either request a formal review hearing to contest the suspension (which can be critical to the defense of your charge), or to waive the hearing so you can immediately get a hardship license. You should have the benefit of experienced DUI attorney to help you assess your best course of action.
What is DUI School?
If your license suspension is upheld, or if you have been convicted of DUI, you will be required to attend DUI School to get your license back and also as a condition of your probation. In Gainesville, the school is:
North Central Florida Safety Council, 3710 NW 51st Street, Ste. A, Gainesville, FL 32606, and can be reached at 352-377-2566 or at www.ncfsc.com.
Don't wait. Call us now concerning your case, and let us help you fight it.
Gainesville Criminal Defense and Personal Injury Law
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