If you’ve been arrested for a DUI for the first time, you should know what you’re up against. Even a single DUI can lead to jail, fines, the suspension of your driver’s license, and a permanent criminal record. If this is your second, third, or fourth DUI, you are already aware that the penalties only increase. Even if your prior DUI convictions were from another state, they could still carry over to Florida if they occurred in the past ten years.
You need representation from an experienced DUI Defense Lawyer. Attorney Kazzi was a former prosecutor for many years and even attended the same training that law enforcement attend on DUI’s. The penalties and long term effects of a DUI conviction can stay with you for life. Why not hire someone who has been on the other side and knows all possible defenses available to you?
DUI Crimes in Florida
In the state of Florida, if you are caught behind the wheel, and you have a BAC level of .08 or higher, you can be arrested for DUI. You can be arrested just for having your keys in the ignition even if you weren’t driving at the time of the stop. You can also be charged with DUI if you were under the influence. There are also enhanced penalties for DUI if you were involved in an accident or had a minor in the car. If you’ve received two earlier DUI convictions in the last ten years, you will be charged with a felony.
DUI is not a crime that you can take lightly, so call a Ormond Beach DUI attorney if you’ve been arrested.
Elements of a DUI Arrest
In order for the police and prosecutors to have a viable case for driving under the influence, they have to follow a strict protocol. If they diverge from the process, a sharp DUI defense lawyer, like Amanda Kazzi, can file a motion to suppress and perhaps get an acquittal.
The Stop
In order for the police to launch a DUI investigation, they need a valid reason to stop you. This could include noticing a driving pattern consistent with drunkenness, witnessing a traffic violation, responding to a traffic crash, etc. Without probable cause for a stop, any other evidence against the driver is inadmissible.
Physical Observations
The police will need to document any physical factors that made them believe you were driving under the influence. Examples of this include unsteady gait, slurred speech, bloodshot eyes, incoherence, etc.
Voluntary Roadside Exercises
The roadside exercises are voluntary. They are usually recorded for evidentiary reasons. In most cases, the driver does not perform well, so it’s something to consider before agreeing to them. Roadside exercises include:
- Walk-and-turn
- One-leg Stand
- Horizontal Gaze Nystagmus
- Finger-to-nose
The officer should demonstrate these exercises and conduct the examination on a clean, well-lit surface.
Arrest and Implied Consent
If the officer believes they have probable cause for an arrest, they will take you into custody and should read you the implied consent warning from a prepared text. This is a reminder that you agreed to provide a breath or urine test upon request as a condition of getting your driver’s license. If you refuse, your license will be suspended for a year for the first refusal and 18 months for a second. On the other hand, if you agree to provide a breath test, your license will be suspended for six months, but the police won’t have your breath results.
Breath or Urine Test
If you agree to a breath test, a certified breath test operator will observe you for twenty minutes and then administer two tests on a calibrated machine.
Frequently Asked Questions About DUI in Ormond Beach
If you’ve been arrested for DUI, it’s important that you act swiftly. You will have a driver’s license hearing within ten days of your arrest, where you will be able to appeal the suspension of your license. Your attorney will need time to prepare your case.
Should I Hire a Lawyer for a DUI?
A DUI charge can affect your entire life, but a skilled attorney can minimize or reduce the damage. Without the training and knowledge, you are unlikely to have a successful outcome. Call Kazzi Law today. We defend DUI’s every day for our clients and pride ourselves on obtaining favorable results.
Why Choose a DUI Attorney from Kazzi Law?
Amanda Kazzi is a former criminal prosecutor. She understands DUI cases from both sides of the equation, and she uses that knowledge to defend her clients. If you’ve been arrested for DUI, you need an attorney with extensive knowledge of the Seminole County criminal courts. In Ormond Beach, that’s Amanda Kazzi of Kazzi Law.
DUI Lawyer In Ormond Beach
Amanda Kazzi can examine the evidence against you in your DUI case. Did the police have probable cause to stop you? Did they administer the roadside exercises properly? Did they fail to inform you of the implied consent law? There are many ways a skilled defense attorney can beat a DUI charge. Contact Kazzi Law today to discuss your case.