Can a person be guilty of drunk driving in Florida if they only had one drink?
A person can be guilty of DUI in Florida even if they’ve only had one drink. There’s two ways that a prosecutor can prove someone’s guilty of DUI. Either their breath or blood alcohol results, or if their normal faculties are impaired. So, if someone has one drink and isn’t in control of their… Read More »
Can social media or Internet information be used to prove a case against me in court?
Social media information certainly can be used against you in your DUI case in the state of Florida. Photos or messages on Facebook, Instagram, anything like that that show you out drinking or out celebrating or consuming alcohol. The prosecutor or law enforcement officer can get that information and use that to show that… Read More »
Can the police legally stop me in Florida, even if I did nothing wrong?
The police can’t legally stop you for DUI in the state of Florida if you’ve done nothing wrong. There has to be reasonable suspicion or probably cause in order to pull your car over, or to make contact with you. Typically it’s for someone weaving all over the roadway, for speeding, for any traffic… Read More »
How will my sentence be decided in Florida?
Your DUI sentence will be decided in the state of Florida on any different number of factors. First, it depends on what number DUI conviction it is. Is it your first conviction, second conviction, so on and so forth. There’s certain mandatory minimum penalties for any DUI conviction; they get worse as far as… Read More »
I am guilty, have no defense, and just want to get this over with. Should I even bother getting an attorney?
Even if you think you’re guilty of a DUI offense, it always makes sense to obtain a lawyer and to have a lawyer look over your case. There’s many things that a lawyer can look at as far as the stop of your vehicle, the field sobriety exercises, the breath tests, any statements that… Read More »
My offense is minor. Do I really even need a attorney or can I just handle this on my own?
There’s no such thing as a minor DUI offense in the state of Florida. For DUIs in the state of Florida, there’s certain mandatory minimum penalties that are required, the biggest of which is a mandatory adjudication. That means you’re convicted of a crime that can affect you for the rest of your life,… Read More »
This is the first time I am in trouble in Florida. Will the prosecutor treat this charge like it is my first offense?
If it’s a first-time misdemeanor DUI in the state of Florida, there are options as far as treating that differently than other offenses. There are some jurisdictions out there and some state attorneys’ offices out there that offer first-time offender type programs for first-time DUI offenses that don’t involve crashes that have certain factors… Read More »
What does beyond a reasonable doubt mean?
Beyond a reasonable doubt in a DUI case means that the state has proven their case beyond a reasonable doubt that your breath or blood alcohol level is above a 0.08 or beyond a reasonable doubt that your normal faculties are impaired. Beyond a reasonable doubt is the highest standard that there is under… Read More »
What rights do I have in Florida when a law enforcement officer asks me questions?
Whenever a law enforcement officer asks you questions in a DUI case, you have the right not to answer them. If they ask you, have you been drinking? When have you been drinking? Where have you been drinking? You don’t have to answer them, and they’re only asking you those questions to try to… Read More »
What should I do if I get a call that a loved one has been arrested?
If you get a call that I loved one has been arrested for DUI, the first thing you should do is consult with a lawyer. That lawyer will be able to tell you if you need to consult with a bondsman, if the lawyer needs to go to the first appearance at the jail… Read More »