Defense Against Driving Under the Influence Charges
First things first: if you have been arrested for driving under the influence of alcohol or drugs in Florida, you need to talk to a lawyer quickly. You only have 10 days to request a hearing with the DMV or your driver's license will automatically be suspended.
At the law firm of Schackow Mercadante & Edwards in Gainesville, Florida, our lawyers have defended innumerable people facing driving under the influence charges. We will represent you both at your DMV hearing and in your criminal case. We offer a free initial consultation to evaluate your case.
People arrested for DUI in Florida face costly penalties, even for a first-time offense. Those penalties include driver's license suspension, one year supervised probation, a 10-day vehicle impoundment, 50 hours of community service, a $250 fine to $500 fine, court costs of about $1,000, participation in an alcohol and substance abuse treatment program, random alcohol and drug testing, and high-risk auto insurance. Many people convicted of DUI or DWI end up losing their jobs.
When the consequences are this high, it only makes sense to talk to a lawyer to find out if you have a valid defense.
Representing You in Your DMV Case
Hiring a lawyer to represent you doesn't guarantee that you can prevent the DMV from suspending your driver's license. However, it allows you to exercise your right to a defense.
At your hearing, your attorney can cross-examine the police officer to find out if your rights were violated or if proper police procedures weren't followed. Representing you in your DMV hearing allows us to be proactive in planning your defense.
Defenses in DUI cases
Even if you were drinking or using drugs, that doesn't necessarily mean the state can convict you of DUI. The issue is not whether you had been drinking or using drugs. The issue is whether you were drinking or using drugs to the extent that you were impaired and whether can the state prove it.
Most people accused of drunk driving don't know their constitutional rights. For example, the police can't pull you over unless they have a valid and legal reason for doing so. If you are pulled over, you are not required to take a field sobriety test. We advise our clients not to take either the field sobriety test or the breathalyzer test. Even if you did take the tests, the results can be challenged for technical reasons.
Free attorney consultation: Contact Schackow Mercadante & Edwards in Gainesville, Florida, to talk to a lawyer about your DUI defense case.
