Archive for the ‘First Time DUI in Florida’ Category

FAQs: How to Handle a Florida DUI Stop

Monday, March 19th, 2012

Being pulled over for a DUI-suspected stop is not something that many motorists anticipate, so it is no surprise that many people are virtually ill-equipped to handle the complexities of a DUI-related stop or subsequent arrest.  Your initial response upon being stopped may have a severe impact on whether you endure an arrest or subsequent charge and conviction.  John Musca, an experienced Florida DUI defense attorney, understands that a motorist’s behavior and statements may have a lasting impact on any subsequent DUI-related prosecution.  It is best to seek information concerning your rights and best interests with an experienced Florida DUI defense attorney; however, we understand that many would like to conduct their own research prior to seeking legal advice.  That is why we have composed a list of our most frequently asked questions (FAQs) regarding how to handle a Florida DUI stop, as seen below:

  1. What is required of a police officer in order to stop me for a suspected DUI?

An officer needs more than a “gut-feeling” to suspect you are inebriated without definite evidentiary support of “reasonable suspicion” that you are participating in unlawful conduct.  Generally speaking, the officer’s observance of any unlawful act, e.g. running a red light, driving in excess of the speed limit or driving without headlights/tail lights can be the basis for pulling you over.  If you are pulled over without adequate cause, Mr. Musca may be able to have any evidence achieved at the time of the stop excluded.

  1. It is necessary to agree to take Field Sobriety Tests?

While there is no legal requirement that you agree to submit to the administration of Field Sobriety Tests, these tests do serve a purpose, albeit a very trivial one in nature.  They are generally distinguished as an indicator of some degree of intoxication.  It has been discussed that these tests are designed to be difficult and have no other purpose short of giving an officer a certain amount of evidence to support a DUI-related arrest and subsequent conviction.

  1. How should I respond if the officer asks if I have been drinking?

Admitting to drinking to a law enforcement officer is never advised.  While you should not lie to the officer, you should try to keep the conversation to a minimum.  The best way to respond is to state that you would rather not answer any questions until you have spoken with your attorney.  Since you have not been arrested, the officer will probably not grant this request.  The officer will likely try to ask you questions in order to obtain evidence that might provide a legal basis to start a DUI investigation.  It is important to know that the officer will notice the smell of alcohol, slurred speech or red, watery eyes.

  1. Do I have the right to call an attorney?

Typically, unless you are in custody and are not free to leave, the right to have an attorney present is not applicable.  Even though the officer may briefly detain you, they must have probable cause to arrest you.

We sincerely hope these questions and answers have helped in some way.  If you wish for further explanation, please seek the help of our experienced jacksonvilleduiattorneys.  If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI lawyers at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions.  We invite you to contact a Jacksonville DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.

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The Danger of Facing a First Time DUI Charge without a Florida DUI Attorney

Thursday, May 5th, 2011

A very common scenario for those accused of a DUI offense in Florida arises when the prosecutor seeks to have a prior DUI conviction used to enhance the penalty in a current DUI case.  This is a critical reason that it is a mistake for people to represent themselves in a DUI case.  Many people rely on advice from friends and colleagues that a first time DUI offense is “no big deal” and that it will typically just result in a fine, probation and other relatively minor consequences.  However, this is a very misleading way to view a first time DUI offense.  The choice to simply represent oneself and plead out a first time offense can have very serious consequence especially if you are charged for DUI at any time in the future.  The case of State v. Brown, 995 So. 2d 1034 (Fla. Dist. Ct. App. 4th Dist. 2008) is a good example of why it is important to have an attorney even if you are charged with a first offense of DUI in Florida.

In Brown, the defendant was charged with felony DUI because he had two prior DUI convictions.  In Florida, a third offense of DUI within a ten-year period is charged as a felony.  While Brown did not contest that he had two previous convictions for DUI, he contended that one of the convictions should not have been used to enhance his penalty because an attorney did not represent him.  Many people simply plead out a first-time DUI offense without assistance of counsel, which means that they do not necessarily have a full understanding of the legal implications of future convictions when choosing not to contest a first-time DUI offense.  Nonetheless, the court permitted the prior DUI conviction of the defendant to be used for penalty enhancement even though an attorney had not represented him.

While it is possible that Brown or any DUI defendant might be convicted of a first-offense, there are many legitimate grounds for challenging a DUI charge.  Our Florida DUI defense attorneys have helped many Florida drivers avoid first time convictions for DUI on both substantive and procedural grounds.  Valid defense may include failure of the officer to follow appropriate search and seizure procedures, defects or errors in chemical testing, erroneous instructions or scoring in field sobriety tests just to name a few.  It is never advisable to simply concede a conviction for a first time DUI conviction in Florida based on the mistaken premise that the penalty will be minor.

The difference in the sentence for Brown was substantial because it elevated his offense from a misdemeanor to a felony.  A third offense (or felony) means a mandatory minimum sentence, substantially increased fines and a longer revocation of one’s driving privilege.  A felony conviction also may have potentially long-term impacts in terms of future employment, educational opportunities and leasing of a home.  If you have been arrested for a DUI in Florida, it is essential to seek legal advice from an experienced Florida DUI defense attorney.  The assumption that a first-time offense will result in minor punishment without significant long-term consequences is simply not accurate.  Our experienced Florida DUI defense attorney can fully advise you of your rights and all potential consequences or penalties so that you can make an informed decision about how to proceed.  Call us today before making a mistake that may haunt your for years.

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