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Article:
Know Your Rights: Proceeding Without an
Experienced Attorney in a DUI Case Can Be a Sobering Experience.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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.
Disclaimer: The above Article
is intended to give you, the consumer, insight into various legal topics. This
information is not intended as legal advice, but rather helpful topical
information.
 If
you require professional legal services regarding
Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Jacksonville criminal defense attorney
& lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
by calling
904.845.2255.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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