Category Archives: DUI And Criminal Defense
How Long Does a DUI Stay on Your Record?
DUI convictions in Florida remain on your record for 75 years after the conviction. If you are convicted of any crime in Florida, the conviction will become a part of your criminal record. This public record is a full summary of any convictions, arrests, time served on probation, and other interactions you have had… Read More
What Are the Underage Drinking Laws in Florida?
Florida has state-specific laws regulating underage drinking and alcohol possession. It is especially important to grasp the complexities of the law and the consequences you may face if you or your kid is charged with underage drinking. State Penalties for Underage Drinking Alcohol is defined in Florida law as commercial beverages, such as cans… Read More
What Is Probable Cause And How Can It Affect A Criminal Defense Case?
Probable cause is a requirement that law enforcement personnel are required to meet in order to issue a warrant, conduct a search, or to make an arrest. It can also be used to justify warrantless searches and arrests if there is an urgent situation. It is an important part of the Fourth Amendment, which… Read More
Lawn Mower or ATV DUIs – Are They Possible?
In rural communities, it’s common to see tractors, four-wheelers, or even dirt bikes driven on the roads. Occasionally, you may even see someone driving a lawnmower a short distance, such as to the gas station. With all of the other modes of transportation in use on the highways, does that mean someone could avoid… Read More
Florida DMV Hearing 101: How to Prepare
Florida DMV Hearings In Florida, once an individual has been arrested for driving under the influence (DUI), he or she faces a long list of potential penalties, including a lengthy driver’s license suspension. However, what is important to remember is that a driver can still fight to have this administrative suspension removed by requesting… Read More
What Does Discovery Mean?
How Can Discovery Impact Your Case? Discovery is more than just a report or a statement, it is a process. Typically, after a person is arrested for an offense an attorney files a not guilty plea and then files a demand or notice of intent to participate in discovery. The filing of a demand… Read More
What You Need to Know About Florida’s DUI Laws and Penalties
Having one alcoholic drink too many, and then deciding to drive a motor vehicle can come with severe consequences. While under the influence of alcohol, the risks of getting into a motor vehicle collision increase exponentially. The consequences of causing an accident while driving after drinking can impact you and your family for the… Read More
You Must Watch Me Before Administering a DUI Breath Test
There are a couple different ways for a prosecutor to attempt to prove a person was driving under the influence. One way is to proceed under an impairment theory, arguing the person was impaired by alcohol or a controlled substance based on the field sobriety exercises or other interactions with law enforcement. Generally, this… Read More
What to Expect at a DMV Hearing
If you have been involved in an arrest for DUI in Florida, you may face a lengthy driver’s license suspension. It is commonly known that a DUI may result in criminal charges, but the associated DMV hearing may not be fully understood. Following a DUI arrest, a driver only has 10 days to apply… Read More
Boating Under the Influence (Field Sobriety Exercises)
During an investigation for driving under the influence an officer may ask a person if they would agree to participate in a few exercises so the officer can determine if they are ok to drive. The most common exercises are Horizontal Gaze Nystagmus (HGN), the walk and turn, one leg stand and finger to… Read More
Motion To Consolidate
Sometimes when a person is arrested for driving under the influence they also receive or are cited for additional civil traffic infractions or violations. If a person is arrested for driving under the influence with property damage since the vehicle was involved in some type of accident even if it is a single vehicle… Read More
Driving on a Suspended License
Driving while license suspended can be a civil traffic infraction or it can be a criminal offense. The key difference between the two charges is knowledge. Driving while license suspended unknowingly is a civil traffic offense, the criminal charge requires knowledge that their licenses were suspended. The State can attempt to prove knowledge by… Read More
You Have To Prove It: “Corpus Delicti”
To prove the offense of Driving Under the Influence the State has to prove two elements. First is that the defendant was driving or in actual physical control of a motor vehicle and second that the person was under the influence of an alcoholic beverage or drug to the extent their normal facilities were… Read More
Know the Statute of Limitations for a Florida DUI
If you are arrested on suspicion of driving under the influence (DUI), you will be held in jail for up to eight hours until officers believe you are no longer impaired. Often, you will leave jail with a court date for you first hearing regarding DUI charges. In other situations, however, you may leave… Read More
What Is BAC and Why Is It Important?
In Gainesville and Ocala, and all of Florida for that matter, it is against the law to operate a motor vehicle with a blood alcohol content or breath alcohol content of .08% or higher. So what exactly is BAC and why does it matter? What is BAC? As the name suggests, BAC generally speaking… Read More
What Are My Rights When I’m Pulled Over?
Almost everyone is bound to be pulled over by the police at least once in their lives. Even the most law-abiding drivers may unknowingly have a tail light out or, just by pure coincidence, drive the same vehicle as a reported criminal. Many individuals are unaware or misinformed of their rights. Here are some… Read More
Reinstating a License After a Second DUI Offense in Florida
Facing a charge of second offense of driving under the influence (DUI) in Florida has serious consequences. One such consequence is the loss of your license. This loss could last for as much as five years following the DUI charge. Fortunately, an experienced Gainesville DUI attorney can help defend you against this charge and… Read More
