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KNOW YOUR RIGHTS: Proceeding Without an Experienced Attorney in a DUI Case Can Be a Sobering Experience.

Driving Under the Influence ("DUI") is a serious offense. Even if nobody was hurt or harmed, a DUI charge affects a person's liberty and finances. Even when convicted for a first offense without injuries, a person may be jailed, be ordered to pay fines, and be subject to other restrictions. Because of the complexities of the law and the liberties than can be lost with a DUI conviction, an experienced Attorney should always be hired to defend DUI charges.

The loss of liberty may include imprisonment, loss of driving privileges, probation, and other penalties. For example, a person may be imprisoned up to 9 months in jail and lose his or her license for up to year on the first DUI conviction. A person must be placed on probation and complete a substance abuse course on the first DUI conviction. There is also a mandatory 50 hours of community service hours for the first DUI conviction.

The financial loss from the first DUI conviction includes fine, loss of driver's license, loss of car, and putting ignition interlock device. The maximum fine is $1,000 for a first DUI conviction where nobody was injured and nothing was damaged. A person may also lose the driver's license up to one year for the first DUI conviction. The car of the DUI driver maybe impounded or immobilized for ten days. A mandatory ignition interlock device may be ordered even on the first DUI conviction.

An experienced Attorney should be hired to limit the loss of liberty and finances. There are regulations and criteria surrounding how the urine test, blood test, and breath test are supposed to be performed. An attorney may explore whether all of the criteria have been followed in correct matter. For example some experienced attorneys have been successful in the past in keeping out the evidence of breath test samples because proper procedures were not followed in using the breath test machines. When I was a prosecutor handling DUI cases, an experienced attorney kept the evidence of breath test results out from being considered in the court of law. While many inexperienced attorneys did not even make an attempt to keep that evidence out. I was able to get guilty convictions in all of DUI jury trials where breath test above 0.08 came in as evidence. Some experienced Attorneys are sometimes successful in restoration of suspended license at the administrative hearing and are sometimes successful in having the DUI charge being dismissed depending on the facts of the case.

An experienced attorney who is comfortable in the court and who is not afraid to go to trial should be hired. When I handling DUI cases for the State Attorney's Office, I noticed a defense attorney sweating profusely and acting nervous as we were about to start a trial. After we had finished picking the jury the defendant pled guilty to the Judge without having any plea agreement. It was obvious to me defense attorney was not comfortable in the court and not comfortable going to trial. It was like getting a forfeit in a football game right after the kickoff. However, I have seen experienced attorneys get the DUI charges reduced or dismissed from use of their legal skills.

The laws concerning DUI are very complex. Breath test, blood test, and urine test examinations are complex involving not only statutory laws, but they also involve administrative laws, case laws, and expert witnesses. For example when I was handling DUI cases I had numerous cases that were delayed for a long period of time due to comples hearings on suppression of DUI breath test results. I had often heard many attorneys say DUI cases are complex as Murder cases. Many DUI cases also involve field sobriety exercises where officers ask DUI suspect to do certain things at the scene like alphabet test, one leg stand, walking on a line, etc. Thus, due to complex nature of the DUI cases it is very important to hire an experienced attorneys.

There are constant change in the laws concerning DUI. For example, if a person has been previously suspended for a prior refusal to give sample of breath, urine, or blood sample for testing on DUI investigation, new legislation of Florida Statute 316.1939 makes a refusal to give a breath, urine, or blood sample for testing for a DUI investigation a first degree misdemeanor. The law was effective from July 1, 2002.

Ultimately, a DUI charge is complex and serious case where a person's liberty and property are in jeopardy even when it was first arrest and nobody was injured. Furthermore, the consequences of theDUI convictions are more serious if there was property damage, personal injury, death, or if a person had previous conviction of DUI. Hiring of an experienced attorney in the area of DUI is very important to protect one's liberty and property in the complex field of DUI.