DUI is one of the most complicated misdemeanor criminal offenses. They are enhanceable, you could have your driver’s license suspended or revoked. Refusing to take a breath test will result in the automatic suspension of your driver’s license for 6 months.
A misdemeanor DUI that is punishable by for 6 months in jail. There are certain requirements under that law, such as you could be ordered to do community service, attend court-ordered counseling, victims awareness classes, you could lose your license, you can face a potential vehicle forfeiture.
It is very important to hire a DUI defense attorney who thoroughly understands DUI law. From the date that you are arrested for suspicion of DUI, you only have 10 days to contest the license suspension with the Department of Motor Vehicles. Otherwise, your license is gone for at least 6 months. If you do not contest the license suspension within 10 days, you waive your right to do so.
There is a lot of science that goes into an alleged DUI. Law enforcement officers are trained to be drug recognition experts. There is science involved with the breath tests (whether it is admissible or not). There are all types of science and technical things that will come before the court that the average person typically does not understand. Science and technology can be challenged in the defense of an allegation of a DUI.
If you have multiple DUI convictions, you can face felony Dui charges and have your license suspended for a longer period, or even have your driver’s license revoked.
When defending someone in a DUI case, the first thing I want to investigate is if the law enforcement officer had sufficient probable cause to pull you over, to investigate if there is sufficient evidence to file a motion to ask the judge to get rid of some of the "observation evidence" that the officer has claimed. Remember, if the officer did not have sufficient probable cause to pull you over, EVERYTHING, after they pulled you over, may be thrown out and not used by the prosecution. If they did not have probable cause to stop you, then they did not have legal standing to detain you or further evaluate you. Sometimes, the law enforcement officer does not write the needed information down or include the information in their police report. This could lead to the dismissal of the DUI charges that you are facing.
Michael S. Brown, Esquire has been an attorney in the Orlando area for over 13 years. He was a prosecutor for over 5 years with the State Attorney’s Office in Orange and Osceola County. There, he handled misdemeanor cases, juvenile cases, felony cases, felony violations of probation, and litigated over 20 jury trials.
Mr. Brown left the State Attorney’s Office to become a civil litigator in the areas of foreclosure, breaches of contract, and insurance defense. He has practiced in Courts throughout the State.
Mr. Brown is admitted to practice in every Court in the State of Florida. He is a member of the Florida Bar and all 3 federal courts in Florida.