* Important Notice * When a person has been arrested for a DUI Offense, they have 10 (ten) days from the date of arrest to request an administrative hearing with the department of motor vehicles. Contact our office to allow us to fill out the necessary forms to request a temporary hardship permit.
People often wonder if they should refuse a breathalyzer when pulled over. Here is some crucial advice if you should find yourself in this situation.
In the State of Florida a DUI charge, regardless of whether is it charged as a felony or a misdemeanor, is without question the most indiscriminate criminal charge in Florida. The difference between a misdemeanor or felony DUI is based on several factors. First, if the DUI is a driver’s third within 10 years or their fourth or subsequent DUI, the State can file a Felony DUI charge. Second, a Felony DUI can be charged if the injuries caused by the DUI resulted in a serious bodily injury or death, which is considered DUI Manslaughter.
The Law Offices of Peter A. Shapiro & Jonathan D. Wilson has successfully fought DUI Charges for clients involving auto accidents, at DUI roadblocks, after “routine” traffic stops, and other situations resulting in DUI charges. Drunk driving cases are serious and must be aggressively defended as soon as possible.
We will review all of the evidence and witness statements to find answers to these and other important questions:
- Were the blood or breath test results accurate?
- Were the breath test results compromised in any way?
- Were field sobriety tests performed according to protocol?
- Did the arresting officer have probable cause to pull over the vehicle?
- Did the arresting officer report all details accurately?
- Was the defendant exhibiting impaired driving?
- Were the defendant’s constitutional rights violated?
A DUI charge may result from impaired driving from use of prescribed or not prescribed medication, illegal drugs, alcoholic beverages or any combination of the three. In order to obtain a conviction for a criminal DUI offense, the prosecutor must prove the driver was over the legal limits of alcohol consumption, OR had drugs or alcohol in his or her system that, at the time of the arrest, impaired the accused individuals “normal faculties” and ability to safely operate a motor vehicle.
The State of Florida has various methods at their disposal to prove their case against a defendant, including but not limited to:
- Using the driver’s level of prescription medications and illegal drugs in his or her system at the time of the arrest.
- Using the driver’s blood alcohol content (BAC) in his or her system at the time of the arrest (obtained through breath tests, urine tests or blood tests).
- A law enforcement officer’s testimony regarding of the the actions of the defendant including poor or unsafe operation of the motor vehicle prior to pulling over the suspect, redness or glossiness of the accused eyes, the smell of alcohol, incoherent or slurred speech, the inability to perform roadside field sobriety tests, or statements made by the accused at the time of the traffic stop.
- The use of visual evidence from the law enforcement officer’s mounted vehicle camera.
As your legal counsel we will thoroughly review the evidence against you, witness statements, police reports and any other relevant factors, such as the circumstances of your arrest and the actions of law enforcement officers. If there are areas to provide reasonable doubt, our goal is to find it and present it to the prosecutor, judge and/or jury.
If you have been arrested and charged with criminal DUI (Driving Under The Influence of Alcohol or Drugs), seek the legal advice and representation of an experienced DUI defense attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson, you will work with an experienced lawyer who is dedicated to protecting the rights of individuals charged in Orlando, Orange County and throughout the Central Florida area with criminal DUI or any other additional criminal charges.
Call 407.420.1044 to discuss your legal rights, options, and potential DUI defense strategies. You may also contact us by filling out and submitting our online case evaluation form.