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According to Florida Statute 316.193, a DUI is defined as Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances while either operating a motor vehicle or other mode of transportation while being impaired of his or her normal faculties or having an unlawful blood alcohol or breath alcohol level of .08 or above.
In the State of Florida, being arrested for a DUI is no joke. The ramifications of a DUI conviction may affect many areas of your life both in the short term and potentially the long term as well. Law enforcement officers are constantly on the lookout for those who may be driving under the influence of alcohol, illegal drugs, controlled substances, or prescription drugs that may impair your ability to safely operate a motor vehicle.
Law enforcement not only actively looks for DUI offenders, but also will set up DUI Check-Points at specific locations throughout the year, and have even been known to stake out a bar and pull over the bar's patrons as they exit property of the bar.
You only have 10 days from the date of the DUI arrest to request an administrative hearing with the department of motor vehicles. At this point you may request to be granted hardship driving privileges while you are involved in the legal process of defending yourself against DUI charges.
Many people assume that if they are charged with a DUI it is an automatic conviction. This is not true. Field sobriety test are subjective, probable cause must be proved to substantiate the charge, law enforcement must not have violated your rights, and all scientific devices used to determine your blood alcohol ratio must be proven to work properly and to have been calibrated properly within the guidelines for the particular legal standards. A DUI DOES NOT mean an automatic conviction. You do have rights that must be protected.
If you have been charged with a DUI crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
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