Gainesville Personal Injury, Divorce and Alimony Attorney

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Driving Under the Influence (DUI)

Upon being arrested and charged, under section 316.193, driving under the influence (DUI) of alcohol or drugs, it is imperative to contact a DUI attorney immediately. A person accused of DUI must act within ten (10) days of the arrest to protect all driver’s license rights. A conviction for drunk driving or DUI brings severe consequences and will stay on a Florida Driving record for 75 years. Alba & Straile PLLC represents residents, students, and visitors facing criminal charges for DUI.

A DUI is More Complex than almost any other Case

Currently, the Intoxilyzer 8000 is the machine used in Florida, and it has been in use since 2006. Understanding how to attack the machine used, the law, the regulations, and the data compiled by the Florida Department of Law Enforcement is vital to the defense of any DUI case involving a breath sample. A DUI defense lawyer should explain the inner workings of the Intoxilyzer 8000 and the scientific theories behind the machine.

Confusing for most is that a Florida DUI has more than one proceeding against the accused. First, there is a proceeding against the driver’s license in an administrative hearing at the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Immediate action by the accused is needed to have an administrative hearing or waive the hearing and apply for a hardship license. Not all people qualify for a hardship or restricted license. Second, a criminal case begins in the courthouse. If a student is accused, then a third proceeding, a conduct code action, can occur. It is held at the University of Florida Dean of Students Office or other Florida College campuses, seeking to expel or suspend the student.

Challenging the Charges

When pulled over, maintaining a courteous and polite attitude will influence how the officer(s) treat(s) the individual at the traffic stop. We can challenge the method of being pulled over or even the refusal of a breath test later. Refusing the breath test will result in a suspended driver’s license unless action is taken. A second refusal is a misdemeanor if a license has been suspended previously for refusing to submit a sample.

The DUI citation will act as a temporary driving permit for ten (10) days. After that, if no action is taken, the license will be suspended. However, a person accused of DUI has a right to challenge the suspension in a formal review hearing at the Department of Highway Safety and Motor Vehicles (“DHSMV”) or DMV.

You Have Legal Rights– Use Them

The repercussions of drunk driving are significant. For a first-time DUI conviction, the penalties may include a fine, up to six months in jail, community service, DUI school, and the impounding of your vehicle. Second convictions or enhanced breath results (over .15) bring higher fines and longer jail sentences in addition to the mandatory installation of an ignition interlock device. This device will require you to blow into it before allowing the car to start. Third, fourth, and more DUI convictions bring additional exposure to jail time, longer license suspensions, and longer impositions of the ignition interlock device.

If arrested, exercise the right to remain silent. Be sure to request your attorney at Alba & Straile PLLC and do not speak to anyone until an attorney is present. The firm will do all it can to help avoid a conviction, maintain a license, and keep a student enrolled at the University. Collaboration is held with a team of experts to investigate the case and reconstruct the accident scene for a DUI with property damage, DUI bodily injury, or DUI manslaughter. Representation is available in any proceeding resulting from a DUI arrest, whether a DHSMV hearing, a criminal hearing, or a hearing at a Florida College campus.

At Alba & Straile PLLC, we are Dedicated and Trusted DUI Defense Attorneys

Strict deadlines and procedures must be followed when presenting a defense. Call us immediately, our telephones are answered 24 hours a day, and we offer a flexible appointment schedule to meet your needs. We work diligently in collaboration with our clients and experts to thoroughly investigate every facet in your case. We offer compassion, attention to detail, and ease of attorney accessibility. Our law firm represents clients throughout Florida. Contact Alba & Straile PLLC at (352) 371-9141 to schedule a consultation.