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Furthermore, those who are convicted of a second DUI in five years must face mandatory jail time if convicted. The penalties are even more enhanced if the driver had a BAC of. In addition to getting a permanent mark on your criminal record, not having the ability to drive for a long period of time can make your life difficult without reliable transportation. Do not hesitate to get legal help in order to get your life back on track immediately.
When you need a criminal defense attorney, it is vital that you put your trust in a firm that you can trust. Our reputation has led to thousands of satisfied clients. The following are the penalties for a second DUI conviction within five years of the first conviction: Maximum jail sentence of nine months with a mandatory minimum of 10 days , if the BAC is.
Learn More. Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
Seminole County Clerk of the Courts
Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. Alcoholic beverages are considered to be substances of any kind and description which contain alcohol. This suspension is in addition to any suspension that may occur if you are convicted of DUI in criminal court. As your attorney, I can assist you in aggressively challenging your criminal DUI charge and protecting your driving privileges. If you have been arrested for DUI and you submitted to a breath test and the results were above the legal limit then currently your driving privilege is suspended for a minimum of six months.
If you have been arrested for DUI and you refused to submit to a breath, blood or urine test then currently your driving privilege is suspended for a minimum of one year.
Seminole County DUI Attorney
If your driving privilege has never been suspended for a DUI arrest then you have two options to try to get your driving privileges reinstated. You can waive your right to a hearing to challenge the suspension of your driving privilege and immediately request a hardship license. This hardship license is for business purposes only. Or you can challenge this suspension of your driving privilege. To challenge the suspension of your driving privilege you must file a written request for a review hearing at the Bureau of Administrative Reviews at DHSMV within ten days of the date of your arrest for DUI.
If you do not timely and properly request a review hearing within ten days from the date of your arrest for DUI then you lose your right to challenge the suspension of your driving privilege.
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If your driving privilege has been previously suspended for a DUI arrest then you cannot waive your right to challenge the suspension of your driving privilege and immediately request a hardship license. You must challenge the suspension of your driving privilege by requesting a hearing. As your attorney, I will review the facts of your case and help you decide whether to challenge the suspension of your driving privilege or waive that right and immediately request a hardship license.
I have over eighteen years experience defending people against driver license suspensions resulting from a DUI arrest and therefore I have the experience necessary to assist you in deciding what choice is best for you. Many people who are arrested for DUI where stopped by a law enforcement officer for allegedly committing a traffic infraction like speeding or running a stop sign.
However, some people who are arrested for DUI were not stopped by an officer for committing a traffic infraction, they were stopped because of how they were driving. Officers are trained to look for certain types of driving that may indicate impairment. In your DUI case the reason why you were stopped may cause damaging evidence to be inadmissible which may result in your charge being reduced or dismissed. Once the law enforcement officer conducts a traffic stop the officer will make contact with the person.
If upon contact the officer smells the odor of an alcoholic beverage coming from the breath of the person who is driving the officer will begin a DUI investigation. Part of the DUI investigation will normally include the officer asking the person some questions to try to determine how many alcoholic beverages the person recently consumed before being stopped by the officer.
DUI Seminole County Florida Amendments to the License Suspension Statute
While the officer is questioning the person the officer is not only paying attention to the answers the officer is also looking to see if any other indicators of impairment exist. A lack of indicators of impairment may cause damaging evidence to be inadmissible which can provide an effective argument as to why your DUI case should be reduced or dismissed. The law enforcement officer in your case probably had you perform field sobriety exercises. How well you performed the field sobriety exercises is an important factor in determining the outcome in your DUI case.
The better you performed on field sobriety exercises in your DUI case, the better able I will be to convince the prosecutor to reduce or drop the DUI charge in your case.
Your performance of field sobriety exercises may have been recorded which may assist us in proving that the officer incorrectly determined you were impaired. Horizontal Gaze Nystagmus Exercise is an exercise that involves the law enforcement officer checking your eyes to determine if nystagmus exists and if so at what degree nystagmus exists. If the horizontal gaze nystagmus exercise was not administered properly the officer may have incorrectly believed you were impaired. The Walk-And-Turn Exercise is an exercise that involves the law enforcement officer having you stand in the heel-to-toe position during the instructions for the exercise and then walk nine heel-to-toe steps down a line and then turn around as instructed and walk nine heel-to-toe steps back down the line.
Penalties will increase dramatically for a second conviction within five years or third conviction within 10 years and a fourth conviction. A second conviction within five years of your first carries with it a mandatory 10 days in jail and a maximum of nine months in jail; there is also a five-year suspension of your driver's license. A third conviction may actually be charged as a felony, punishable by up to five years in state prison and a year driver's license suspension.
For a fourth DUI conviction there is the possibility of five years in state prison and a lifetime driver's license suspension with no possibility for a hardship license ever. This means you can never legally drive again in Florida.
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