DUI Defense Lawyer in Hollywood

Penalties for a DUI Conviction in Florida

The penalties for a DUI conviction in Florida can vary depending on several factors, including prior convictions, BAC level, and whether there were any aggravating circumstances. For first-time offenders, the penalties may include:

• A fine of up to $1,000
• License suspension for up to six months
• DUI education classes
• Probation
• Possible jail time (up to six months)

For second and subsequent DUI offenses, the penalties increase significantly. A second offense may result in a fine of up to $2,000, a license suspension for up to one year, mandatory community service, and possible jail time. A third DUI offense can lead to even harsher penalties, including longer license suspensions, larger fines, and more substantial prison sentences.

If there are aggravating factors involved—such as a high BAC (0.15% or more), causing property damage, or injuring someone—additional penalties may apply. These include increased fines, longer license suspensions, mandatory installation of an ignition interlock device, and mandatory jail time.

Collateral Consequences

A criminal record for a DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a DUI conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Common DUI Defenses by Hollywood DUI Lawyers

A Hollywood DUI defense lawyer will closely examine your case to identify potential defenses that can challenge the evidence against you. 

Common defenses include:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Rising Blood Alcohol Defense: If your BAC was taken a significant time after you were driving, we can argue that your BAC was below the legal limit at the time of driving and rose afterward.

We will evaluate all aspects of your case, ensuring that any weaknesses in the prosecution’s evidence are brought to light.

What You Need to Know About the Florida DUI Process

When you’ve been charged with a DUI, don’t just assume you have to pay the ticket and deal with the consequences. There are many rules and procedures that the state has to follow, and they must prove a DUI “beyond a reasonable doubt” to have a conviction.

A good Hollywood DUI defense attorney like us knows that “beyond a reasonable doubt” is a high bar to clear—and that sometimes out-of-practice Florida officers will make mistakes. When they do, a good DUI lawyer can turn that information into a strong defense, whether it’s challenging the accuracy of a traffic stop, a field sobriety test, or the breathalyzer itself.

The legal process following a DUI arrest can feel overwhelming, but it follows a predictable series of steps.

1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
2. The DMV Administrative Hearing: A DUI charge triggers two separate cases. You have a critical 10-day deadline to request a hearing with the DHSMV to challenge the automatic suspension of your driver's license.
3. Arraignment: This is your first appearance before a judge where you will be formally notified of the charges and enter a plea. We will advise on the appropriate plea and begin building your defense.
4. Discovery and Pre-Trial Motions: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file motions to challenge the evidence.
5. Plea Negotiations or Trial: We engage in negotiations with the prosecutor to reach a favorable plea agreement. However, we are always prepared to take your case to trial and present a strong defense.
6. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

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