The short answer is probably.
Read on....
After being arrested and charged with your first offense DUI, what choices do you have? Is the case against you a sure thing, or is there a possibility of getting your first DUI charges dropped or lessened?
Did You Refuse Breathalyzer or Blood tests?
Florida has laws regarding implied consent. If you refuse to take a breathalyzer or blood test, your license may be automatically suspended, regardless of whether you are guilty or innocent. In Florida, the fact that a driver refused to submit to a breath test can be introduced as evidence in a DUI case.
In case of an accident resulting in injuries to another person, law enforcement has the authority to request EMTs to conduct a blood test. If you decline, the police have the power to compel the blood draw if injuries are present. If you have been taken to the hospital, the authorities can seek a court order to access your medical records and ascertain your blood alcohol content (BAC) upon admission. It is crucial to understand that a mandatory blood draw is permissible only in accidents involving injuries.
Did You Resist Arrest?
Engaging in confrontations with law enforcement or resisting arrest without violence may result in facing extra charges for such things as tensing up when being handcuffed, refusing to answer questions, walking away from an officer when told to stay put, refusing to obey a lawful verbal command, refusing to leave an area after being told to do so or refusing to step out of a vehicle after being asked to do so. Resisting arrest with violence is a felony and, therefore, would subject you to much more serious penalties.
Did You Incriminate Yourself?
Being able to stay silent is a crucial safeguard that protects individuals from self-incrimination in various legal situations, such as traffic stops involving a suspected DUI. Be cautious because anything you say or do may be used against you. Refrain from sharing potentially self-incriminating details and exercise your right to stay silent until you have spoken with a lawyer.
During a DUI stop, you can choose not to respond to questions that could potentially disclose incriminating information, such as the amount of alcohol you have consumed. It is legal to politely decline to answer an officer's questions, thus protecting your legal rights without coming across as uncooperative. This tactical silence may play a vital role in your defense should the matter proceed to court.
Do I Need a Lawyer for a First Offense DUI in Florida?
Not securing legal representation could result in a less favorable outcome and representing yourself in a DUI trial can put you at a disadvantage due to the significant learning curve involved in trial practice. A good DUI lawyer can assist in safeguarding your rights and help you navigate the legal process, including DMV administrative hearings. Your DUI Lawyer may be able to challenge evidence, negotiate plea deals, advocate for alternative penalties, help you apply for a restricted driver's license and guide you on steps to mitigate the impact of a DUI charge.
A DUI is a serious legal matter with potentially severe consequences
A DUI lawyer can help you protect your rights and minimize the impact.
Understand the consequences
A DUI can lead to tough penalities including fines, jail time, loss of driving privileges, and increased insurance rates. A DUI lawyer can help you understand these consequences and potentially reduce them.
A judge may impose jail time, fines, and other penalties. A first offense DUI in Florida can result in up to six months in jail and a fine of $500–$1,000. The Florida Department of Highway Safety and Motor Vehicles may impose administrative penalties, such as a driver's license suspension.
A first offense DUI can result in a driver's license suspension of 180 days to one year.
Other penalties can include vehicle impoundment, ignition interlock, probation reporting, community service and a substance abuse course.
A DUI conviction can make it difficult to obtain a passport, firearm, professional license, or government student loan. It can also make it difficult to find employment or rent a home, and it can lead to increased auto insurance premiums or cancellation.
A DUI is permanent and will always be on your driving record in Florida.
Develop a defense strategy
A lawyer can help you develop a defense strategy that includes contesting evidence, using procedural defenses, and guiding you through the court process. Sobriety tests can be challenged for factors like environmental and medical conditions and improper police conduct can invalidate field sobriety tests and breathalyzer readings.
A DUI lawyer can recognize possible infringements on constitutional rights and advocate for the exclusion of evidence or the dismissal of charges. The credibility of the officer may come into question in cases of procedural errors or suspected constitutional rights violations, leading to arguments for the exclusion of evidence or the dismissal of charges. During the arraignment and plea stage, the attorney plays a vital role by offering strategic advice on plea decisions.
Save your license
Once you're apprehended for a DUI in Florida, your driver's license generally gets automatically suspended. This is due to the fact that the Florida Department of Highway Safety and Motor Vehicles (DHSMV) enacts an immediate suspension once they receive the necessary paperwork following your arrest.
A DUI lawyer can help you keep your driver's license after a DUI in Florida by representing you in a Formal Review Hearing. Within 10 days of your arrest, your lawyer can request a hearing with the Department of Motor Vehicles (DMV).
You can also choose to waive your hearing, which may increase your chances of getting a hardship license. A hardship license allows you to drive for essential reasons like work, school, or medical care.
Challenge the Evidence
Your lawyer can present evidence and witnesses, or find issues with the arrest procedure. Medical conditions can mimic the signs of impairment, and a good DUI lawyer could help you use medical evidence to support your defense. Your lawyer can also subpoena and cross-examine the police officer who arrested you, and in most cases, you won't need to appear at the hearing, so you can avoid missing work or school.
A DUI charge can move quickly through the Florida court system
It's important to act as soon as possible.
McMann, P.A. represents clients with DUI Charges throughout Polk County and the surrounding area, including Osceola County, Pinellas County, Pasco County, Hernando County, and Hillsborough County. If you're ready for us to put our expertise to work for you, call our law office to schedule an appointment for a free consultation to discuss the details of your case.
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