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Arrested for DUI? What Now?
Driving Under
the Influence (DUI) is a serious criminal charge that could be brought
against almost anyone in the Jacksonville area at one time or
another. To be arrested for drunk driving, all the police need is a
reasonable belief that your normal faculties are impaired while in
physical control of a motor vehicle. A police officer can use his or
her personal judgment alone to determine you are driving under the
influence, take
you into custody and charge you with drunk driving.
If you are arrested for DUI, there are many questions that come to mind.
This is the best first advice you need to hear: Get an experienced
Jacksonville DUI Defense
attorney quickly. Let me explain why.
The first reason is to try to preserve your driving privilege. You
have ten (10) days from midnight of the date of your arrest to request a
hearing on your driver's license status. If this period passes
without action on your part, you will automatically have your driving
privileges revoked for 180 days for a first DUI offense.
Secondly, as the person charged, you cannot negotiate with, or even speak
to, the prosecuting attorney who decides whether or not to file formal
charges against you or the attorney eventually assigned to prosecute the
case against you. You need a trained and experienced advocate to
perform this task on your behalf. Many beneficial things can be
accomplished during the pre-charge and pre-trial period and you should
never let them pass without representation. And of course, if
you plead not guilty and are set for trial, you will require the
assistance of an experienced trial attorney to present your case.
Third, in order to maximize your defense options, you need an attorney to
request and evaluate the evidence against you. The circumstances
that brought you to the attention of the police, the way the police
interacted with you, any video of the encounter, jail video, any breath, urine or blood
test results, and the particular facts of your case are all areas that can
be critically important in determining your best defense.
Time is also required to perform any needed investigation on your behalf
and to develop and assert any legal defenses that may be found. In
short, the earlier an attorney gets involved in your defense, the better
able they will be to maximize your options, preserve defense evidence, and provide the best chance
for the most positive outcome.
The Mosca Law Firm has specialized technical
and legal DUI litigation training and experience. Being a trained
engineer, having attended DUI trial training, having attended the
"Masters of DUI" legal seminar, and having litigated
scores of DUI charges, we are able to uniquely provide the aggressive
defense approach you should look for when selecting a DUI defense attorney.
The Mosca Law Firm
has even been selected to represent the relatives of other local criminal
defense attorneys when those relatives have been arrested for Driving
Under the Influence.
Because we're
a smaller firm, you can also expect personalized attention and a
competitive fee. You will always deal with the same attorney, your calls will
always be promptly returned, and you'll be represented at all stages of
the process with care. That's our promise to you.
If you've
been arrested for DUI, call for a Free Consultation immediately:
4 2 1 - 6 9 0 1
There is never a charge for an
initial consultation |
Frequently Asked Questions
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What if I already plead
guilty to DUI at first appearance? |
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If you act within 30
days it may be possible to have that plea vacated and a Not Guilty
plea entered instead. Then you can proceed to defend your
case. |
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What about the Field Sobriety Exercises? |
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The Field Sobriety "Exercises" are really a test of
your ability to perform certain physical and mental tasks. An
officer needs reasonable suspicion of impairment to even request that
you take them. There
will usually be a video that shows your performance as well as the
officer's demeanor and instructions as well as the environmental
conditions at the time. Also, any physical problems you may have
can mitigate your performance. There are methods of attacking
these "exercises" at trial if they're unfavorable and they work
in your favor if you did well. Of course, you can refuse to
perform them. |
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What about the breath test? |
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There are many ways to attack the results of the
breath test. The machine may be unreliable and have provided a
false reading. We analyze the specific machine used, the
circumstances of its use, and successfully argue to have the results
suppressed in many cases. If you blew below the legal limit, it
will work in your favor though there may be other factors to consider. |
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What about any urine test? |
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Many cases hinge on other drugs that may cause the
officer's belief in your impairment. Urine tests can reveal
tell-tale signs of other drugs in your system but they cannot tell for
certain if you were impaired by them at the time you were driving.
There are also evidence issues, such as chain of custody and testing
method, that can be argued. |
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What about the evidence against me in general? |
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You were arrested under a "reasonable suspicion"
standard, but you must be convicted "beyond a reasonable doubt." It is
not always so easy for a prosecutor to get from one to the other with
a good defense attorney on your side.
We analyze all the facts and circumstances of your
entire case. There are often issues associated with the initial
stop or with the officer's reported observations that allow a motion
to suppress the evidence to be argued. Depending on the facts,
these motions can be devastating to the State's case. |
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If convicted, what punishment do I face? |
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For first offense, there are court fees, fines,
community service, attending some educational classes, and probation.
No jail is mandated. The court will also suspend your license
for 6 months but a hardship license is an option. If you own a
vehicle, you will also have to surrender the license plate for 10
days. For second and subsequent
convictions, the punishment can increase and may include some jail
time.
If there was an accident there may be damages or
bodily injury, in which case there may be a blood test performed and
additional penalties and restitution.
Call to discuss your particular case for a more
detailed answer. |
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Is there any result other than dismissal or
conviction? |
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Many times, depending on the particular facts of
your case, it is possible to negotiate an alternate charge, such as
reckless driving. In such cases you may still have to perform
all the DUI educational classes but will be spared the DUI conviction
on your record. |
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The Mosca Law Firm
1054 Kings Ave.
Jacksonville, FL 32207
E-mail a Jacksonville DUI Defense Lawyer
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