Driving reckless and distracted are both serious offenses due to the potential harm they can cause in the event of a collision. Topping both of these prohibited practices is drunk driving. Florida lawmakers are aware of the dangers of driving while under the influence of drugs or alcohol, which is why strict penalties are in place for DUI convictions. Regardless of their best efforts, drunk driving still occurs regularly, but those being charged should understand that they do have legal options, including the right to a defense attorney.
Those accused of a DUI often mistakenly believe that there’s no chance of avoiding a conviction. This is usually a result of law enforcement officials discouraging the arrested individual by suggesting that the amount of incriminating evidence is enough for a conviction. It’s crucial for you to know that by not acquiring legal representation you drastically decrease the chances of having a successful case. An experienced Clermont DUI lawyer can point out missteps by the arresting officer, conflicting statements, and other factors that can lead to charges being lessened or even dismissed.
Being charged and being convicted of a DUI are two completely different instances. While a conviction can lead to jail time or probation, a DUI charge can lead to:
If your license is valid at the time of the arrest, the courts will allow you to drive legally with your DUI citation for the following ten days. During this period you may request a formal review hearing to challenge the suspension of your license if you wish to get it back. If your license was never suspended for an alcohol-related offense before, you can agree to waive your hearing and obtain a hardship license immediately without risk of a “hard” suspension. This is referred to as the “Ten-Day Rule.”
A temporary license is issued to individuals who request an administrative hearing in the specified ten-day period. This license is valid for seven days after the hearing. Those who do not submit a timely request risk having their license suspended anywhere from six to eighteen months. The actual suspension time is dependent on the specifics of the case.
While any defense strategy depends on the situation surrounding the DUI charge and arrest, there are still several options that typically apply. Just remember to document as many details as possible after your stop so your attorney can evaluate and determine the best route to fight the charges.
Rarely is it enough to experience a DUI stop for minor weaving in your lane, or for any other major infraction. A judge might find this was not sufficient cause to stop and conduct sobriety testing.
When someone calls police concerned about a drunk driver on the road, an officer must still observe a motorist driving impaired. A simple phone call does not satisfy the standards for probable cause.
Law enforcement must have probable cause to arrest someone for DUI. This means that the arrested individual was able to drive or had control of the vehicle while impaired. Officers will make observations of alcohol odors, slurred speech, trouble standing, and/or glassy eyes as evidence. If any of these characteristics were not present during your stop, a court might not agree there was probable cause.
The Fourth Amendment of the United States Constitution protects you against unreasonable search and seizure. At a checkpoint, officers randomly stop drivers for sobriety checks without probable cause. Speak with an attorney before submitting a plea to the court regarding a case of this nature.
Those charged with a DUI in Clermont who unknowingly allow the ten-day period to pass without taking any action run the risk of losing their license longer than necessary. Don’t let a reckless mistake have a lasting effect on your freedom of transportation. Trust a Clermont DUI attorney to provide aggressive legal representation throughout the entirety of your case.
At The Umansky Law Firm, we have a group of skilled defense lawyers who have more than 100 years of combined experience that will help them create the best possible outcome for your case. Many of our attorneys are former prosecutors and understand how the state of Florida typically approaches DUI cases. As recognized members of Lawyers of Distinction, you can feel confident in our dedicating ourselves to protecting your freedom, rights, and future. If you’re facing a DUI charge in Clermont, contact us today for a free consultation with one of our seasoned DUI lawyers.
The Umansky Law Firm Criminal Defense & Injury Attorneys