IMPORTANT! If you have received a DUI and are looking for a lawyer call us now at 800-786-5297 or 727-726-5297. We have an attorney available or on call 24 hours to help you.

1. Arrested. In Florida, if you have been arrested for DUI and your breath test result was .08 or higher, or if you refused to take the breath test, the officer probably took your driver's license from you. You have only 10 days from the date of arrest to request a formal review hearing with the Department of Motor Vehicles to contest your immediate license suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for either 6 months, 1 year, or 18 months depending on the circumstances. It is important to contact an attorney within that 10-day period to discuss what applies to your case. We can apply for the Formal Review Hearing in your behalf and obtain a hearing date. Also, in most cases we can obtain for you a temporary permit to drive until after the hearing. You have only 10 days to drive after you are arrested using your citation as a driving permit unless you request this hearing.

2. The Formal Review Hearing. The Formal Review Hearing is important because it gives us an opportunity to try to get your driving privileges back. It also provides an opportunity for us to get sworn testimony from the law enforcement officer who arrested you or others involved in the case. This will give us critical information about your case and may help us in the defense. If you do not request a DMV hearing, you will be subject after the 10-day permit to a "hard" suspension for a period of either 30 or 90 days in which you will not be able to obtain a hardship license. You should discuss the different suspension possibilities with an attorney.

3. General Information about a DUI Charge. There are substantial rules and regulations which govern breath test machines, their maintenance, and the certification of the operator. Most agencies in the Tampa Bay area are now using the Intoxilyzer 8000 breath machine from CMI. Failure to comply with any of these regulations, could result in the breath test reading not being allowed in court. Whether you have taken a breath test or declined to take a breath test, you may still be able to retain your driving privilege.

Penalties for DUI can increase if a person has any prior convictions for driving under the influence. The number of convictions, when they occurred, and even whether you were represented can have dramatic affects on your license and penalties.

Penalties may also be different for persons under the age of 21. A breath alcohol limit of only .02 could be applicable in some of those cases.

If a person is seriously injured or killed, a DUI can result in the increased charge of felony DUI or manslaughter, each of which can carry a potential prison sentence if convicted. These cases must be addressed as soon as possible, and we urge you to act promptly.

We are often asked if a lawyer is necessary for a DUI charge. A conviction for DUI remains on a person's record for 75 years in the State of Florida. Almost all states in the United States are connected by computer and honor other State's suspensions. Because of the strict legal requirements on proof if a DUI case, it is extremely beneficial to at least consult with an attorney about your case. There is no fee to meet with us for a comprehensive consultation. The time is well spent talking about the particular aspects of your case, the different alternatives, and defenses which may be available to you. DUI is a large part of our practice and we have a great deal of experience in motions, negotiation, and trial of these cases.

We will be glad to speak with you about your particular case and what defenses and options may be available to you. Contact us. We can help.

DUI INTERLOCK

The State of Florida has passed a law which requires an interlock device be placed on vehicles of certain people convicted of DUI. The program began July 1, 2003 and may affect you. If an interlock device is required, there are additional costs of purchasing the device and monthly monitoring costs which may be involved should someone be convicted of DUI. A Judge may always order an interlock device. It is not presently required on a first conviction with a breath test reading of under a .15. An interlock device may be required on any other type of DUI conviction. It is important to discuss these possibilities in evaluation and defending your case. Please call us to discuss the interlock program.

DUI

We attend valuable programs locally and nationally such as "Masters of DUI", "Blood, Breath and Tears", as well as the National DUI Conference put on by the National College of DUI Defense and The National Association of Criminal Defense Attorneys in Las Vegas. We keep up on the latest developments regarding DUI defense and network and interact with DUI practitioners from across the nation and the state of Florida. We have access to, and have used, many state and national experts on Breath Testing equipment and procedures, as well as field sobriety exercise authorities. Many DUI cases involve the accusation of impairment due to drug ingestion. Not only are we experienced in this area, we have access to experts to review your case and offer testimony if necessary. Well know experts we have utilized in DUI defenses have included medical doctors, former police officers and instructors, engineers, toxicologists, and biologists. We can discuss whether experts can help in your case.

Did you know that a person can be charged with DUI on a bicycle, a moped, a scooter, or a boat? We have represented people in all of those situations. Each situation is different and unique aspects of the law and defense may apply.

A DUI can become a felony under several circumstances. Serious bodily injury is one of those circumstances. What many or may not constitute a "serious" injury is often not black and white. A third or subsequent DUI can be a felony. Penalties and suspensions are multiplied as the charge is enhanced. It is important to discuss these matters with an experienced DUI attorney. Out of state prior DUI charges MUST be discussed even if you do not believe they will appear and even if you believe they were dropped or reduced. They may still have a dramatic impact on your case or the defense.

Can blood be drawn instead of , or even in addition to, a breath test? When is it no an option?

We can answer questions for you frankly and honestly and discuss options for you. Our consultation is confidential.

It is important to discuss your case with an experienced attorney. Our consultation is FREE. There is no obligation.

If you or someone you know needs the assistance of an experienced Florida DUI and Criminal Defense Lawyer, call Sandefer Law Firm today at 866-786-LAWS, or complete the contact form provided on this site to schedule your free consultation.