Central Florida, DUI Defense Attorneys
A conviction for driving under the influence, drunk driving or driving while intoxicated (known as DUI) in Florida can result in jail time, probation with random urine checks for consumption of alcohol, DUI class with a treatment program ranging from 12-22 weeks, victim awareness class, loss driving privileges, impoundment of your motor vehicle, placement of an ignition interlock device on your motor vehicle, community service hours, heavy fines including court costs, costs of investigation and prosecution and a permanent criminal record.
If you have been arrested for DUI, you probably have the following questions:
If you have been arrested for DUI, you probably have the following questions:
When you are arrested for DUI, you face civil AND criminal penalties. For civil penalties, the Department of Highway and Safety Motor Vehicles (DHSMV) will suspend your driver’s license unless you elect to have an administrative/formal review hearing and prevail at the hearing. For criminal penalties, the Court will impose penalties only if/when you plead guilty or are found guilty at trial. Among the penalties the Court will impose upon a guilty plea or verdict is a driver’s license revocation.
Florida 10 Day Rule
When arrested for DUI, you will receive a citation or ticket, which will serve as a charging document as well as a temporary driver's permit. This driver’s permit must be on you at all times when operating a motor vehicle and it will allow you to drive to and from work for a period of 10 days after your arrest. Unless you file for a formal review with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within 10 days, your permit will not be extended and you will have lost the opportunity to challenge the suspension of your driver’s license. For this reason you must contact an attorney within 10 days from the date of your arrest.
Formal Review Hearing/Administrative Hearing
Upon hiring the Firm of Jaeger & Blankner, we will file the necessary paperwork with the Department of Highway Safety and Motor Vehicles (DHSMV) and represent you during the course of the hearing. After electing a hearing, the DHSMV will send all the evidence it intends to use in order to suspend your driver’s license. From this paperwork, we will subpoena witnesses and prepare a defense for your hearing. The hearing officer will consider the following issues in deciding whether to suspend or reinstate your driver’s license:
If your license was suspended for driving with an UNLAWFUL BLOOD-ALCOHOL LEVEL OR BREATH-ALCOHOL LEVEL OF 0.08 OR HIGHER the hearing officer will determine:
If your license was suspended for driving with an UNLAWFUL BLOOD-ALCOHOL LEVEL OR BREATH-ALCOHOL LEVEL OF 0.08 OR HIGHER the hearing officer will determine:
1. Whether the law enforcement officer had probable cause to believe you were driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
2. Whether you had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher.
2. Whether you had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher.
If your license was suspended for REFUSAL TO SUBMIT to a breath, blood, or urine test, the hearing officer will determine:
1. Whether the law enforcement officer had probable cause to you were driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
2. Whether you refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.
3. Whether you were told that if you refused to submit to such test your privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.
2. Whether you refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.
3. Whether you were told that if you refused to submit to such test your privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.
If we are unsuccessful at the hearing, you may have the option of appealing the hearing officer’s decision to the Circuit Court. In the past, we have been extremely successful in appealing the hearing officer’s decision to suspend the motorist’s driver’s license. For example, click on Amedeo v. DHSMV, which involved a situation where the hearing officer refused to subpoena the breath technician to attend the review hearing. Based on the final decision, the Court set aside the driver’s suspension and reprimanded the hearing officer for failing to follow the law.
During your consultation with a member of our firm, ask us whether the fee for representation will include an appeal to the higher court if the hearing officer upholds the suspension of your driver’s license. In certain circumstances we will gladly write and file the appeal at NO EXTRA COST to you (except cost of filing with the clerk’s office).
During your consultation with a member of our firm, ask us whether the fee for representation will include an appeal to the higher court if the hearing officer upholds the suspension of your driver’s license. In certain circumstances we will gladly write and file the appeal at NO EXTRA COST to you (except cost of filing with the clerk’s office).
Driver’s License Suspension
If you are facing potential jail time, there may still be some options available to you.
· Home Confinement: Through electronic monitoring by ankle bracelet, you may be eligible to serve your jail sentence at home with the ability to leave your residence for employment purposes only. To be eligible, the Court must have no objection and you must be pre-screened for entry into the program.
· Residential Treatment Program: At the Court’s discretion, you may be able to serve your jail sentence at a residential substance abuse treatment program. The residential treatment program provides intensive residential therapy for people with alcohol or drug dependency and/or co-occurring mental health disorders. Services may be funded by private insurance or accepted on a self-pay sliding fee scale based on your income.
· Work Release: The Work Release Center provides supervised dormitory-type housing for inmates who maintain employment in the community. To be eligible, the Court must have no objection to your entry and you must be pre-screened for entry into the program.
Hardship Driver’s License/Business Purposes License
If the hearing officer suspends your driver’s license, you may be eligible for a hardship license after a period of time depending on your case. If you receive a hardship license, it will serve as your driver’s license for the remainder of your suspension from DHSMV. However, if you plea guilty to a DUI or are found guilty by a jury, your license will be suspended by the Court and you may then be eligible for a business purposes license.
In order to be eligible for the hardship driver’s license from a DHSMV suspension, you must show proof of enrollment in the DUI counterattack class and apply for an administrative hearing. If you have been convicted for DUI or plead guilty to DUI and are eligible for a business purposes license, you must enroll AND complete the DUI counterattack class and apply for an administrative hearing.
If your driver’s license is suspended by DHSMV after having failed to elect a hearing or the hearing officer validated the suspension of your license, you will not be eligible for a hardship license until after you have enrolled in the DUI counterattack class and waited for the following amount of time:
· First Suspension for driving with an unlawful breath or blood alcohol level of 0.08 or above = Thirty Days of “hard time suspension”
· First Suspension for DUI and refusing to submit to a breath, urine, or blood test = Ninety Days of “hard time suspension”
· Second or subsequent Suspension for driving with an unlawful breath or blood alcohol level of 0.08 or above = Thirty Days of “hard time suspension”
· Second or subsequent Suspension for refusing to submit to a breath, urine, or blood test = NO hardship license eligibility
· Second or subsequent Conviction for DUI = NO hardship license eligibility
If your driver’s license is suspended upon pleading guilty or a guilty verdict by jury at trial, you will not be eligible for a business purposes license until after you have completed the DUI counterattack class and waited for the following amount of time:
· First Conviction: Immediate eligibility
· Second Conviction within 5 Years of Previous DUI Conviction: One Year of “hard time suspension”
· Second Conviction with Previous DUI Conviction Outside of 5 Years:
· Third Conviction within 10 Years of Previous DUI Conviction: Two Years of “hard time suspension”
· Third Conviction with Previous DUI Conviction Outside of 10 Years:
· Fourth Conviction or more: NO business purposes license eligibility
Generally, the hardship license may be used for necessity purposes only such as medical, work, school, groceries, and attending religious services. If you are driving for any other purpose and are stopped by law enforcement, you will be arrested and charged with violation of a driver’s license restriction. The business purposes license is similar to the hardship license and may be used for employment purposes. If you are driving for any other purpose and are stopped by law enforcement, you will be arrested and charged for violation of a business purposes license.First Time Offenders/Certain Repeat Offenders
For first time offenders/certain repeat offenders, you may be eligible for the State’s Pretrial DUI Diversion Program depending on the facts and circumstances of your case as well as your criminal history. If you are eligible for pretrial diversion and you successfully complete the program; your charges will be dropped.
However, just because your charges may be dropped does not mean there will be no evidence that you were arrested for the offense of DUI. Why is this important to you? For one thing, law enforcement routinely “run tags” and access your arrest record with their laptop computers. For example, upon seeing that you have an arrest for DUI, they may continue to follow your vehicle until they determine they are able to pull your vehicle over and detain you yet another DUI investigation. Another example is your employer may run a background check on you and learn that you were previously arrested despite the fact the charges were dropped, which may result in termination of employment. Likewise, your insurance company has the same access to your criminal history and may raise your rates or even drop your policy all together based on the arrest alone.
Even if you are candidate for the Pretrial Diversion Program, you still need a lawyer to advise you on the pros and cons of the program as well as the time and expense involved with completing the program. After successfully completing the program you may be eligible for sealing and/or expunging evidence of your DUI. It is important to not only remove any record of your arrest from a “rap sheet” or background check, but you must also remove any record that may be accessed by law enforcement and the Department of Highway Safety and Motor Vehicles (DHSMV). You need a lawyer to guide you through this process to determine whether these programs should be accepted or whether to fight the case through litigation and trial.
During your consultation with a member of our firm, please ask us whether your case is a candidate for sealing or expunging your record after the case has been resolved. In many circumstances, we will gladly file the necessary paperwork and represent you during the hearing to have your record sealed or expunged WITHOUT ANY EXTRA FEE (just the cost for filing the motion with the clerk’s office).
However, just because your charges may be dropped does not mean there will be no evidence that you were arrested for the offense of DUI. Why is this important to you? For one thing, law enforcement routinely “run tags” and access your arrest record with their laptop computers. For example, upon seeing that you have an arrest for DUI, they may continue to follow your vehicle until they determine they are able to pull your vehicle over and detain you yet another DUI investigation. Another example is your employer may run a background check on you and learn that you were previously arrested despite the fact the charges were dropped, which may result in termination of employment. Likewise, your insurance company has the same access to your criminal history and may raise your rates or even drop your policy all together based on the arrest alone.
Even if you are candidate for the Pretrial Diversion Program, you still need a lawyer to advise you on the pros and cons of the program as well as the time and expense involved with completing the program. After successfully completing the program you may be eligible for sealing and/or expunging evidence of your DUI. It is important to not only remove any record of your arrest from a “rap sheet” or background check, but you must also remove any record that may be accessed by law enforcement and the Department of Highway Safety and Motor Vehicles (DHSMV). You need a lawyer to guide you through this process to determine whether these programs should be accepted or whether to fight the case through litigation and trial.
During your consultation with a member of our firm, please ask us whether your case is a candidate for sealing or expunging your record after the case has been resolved. In many circumstances, we will gladly file the necessary paperwork and represent you during the hearing to have your record sealed or expunged WITHOUT ANY EXTRA FEE (just the cost for filing the motion with the clerk’s office).
Pretrial Diversion
Pretrial Diversion is offered by the State Attorney’s Office and depending on the facts and circumstances of your case you may be a candidate for “Tier One” or “Tier Two” diversion.
“Tier One” Diversion generally involves a term of probation for nine to twelve months, ten day impoundment or immobilization of your vehicle, community service, DUI Counterattack class level one and substance abuse treatment program, random testing at your expense for the presence of alcohol and drugs, victim impact panel, fines including contribution to MADD for $500, cost of prosecution, cost of law enforcement investigation, court costs, contribution to MADD for $500. Upon successfully completing the program, the State Attorney’s Office will drop your charges.
“Tier Two” Diversion generally involves a term of probation for twelve to fifteen months, ignition interlock device to be placed on your vehicle for six months, community service, DUI Counterattack class level 2 and substance abuse treatment program, random testing at your expense for the presence of alcohol and drugs, victim impact panel, fines including contribution to MADD for $1000, cost of supervision, cost of prosecution, cost of law enforcement investigation, court costs. Upon successfully completing the program, the State Attorney’s Office will drop your charges.
“Tier One” Diversion generally involves a term of probation for nine to twelve months, ten day impoundment or immobilization of your vehicle, community service, DUI Counterattack class level one and substance abuse treatment program, random testing at your expense for the presence of alcohol and drugs, victim impact panel, fines including contribution to MADD for $500, cost of prosecution, cost of law enforcement investigation, court costs, contribution to MADD for $500. Upon successfully completing the program, the State Attorney’s Office will drop your charges.
“Tier Two” Diversion generally involves a term of probation for twelve to fifteen months, ignition interlock device to be placed on your vehicle for six months, community service, DUI Counterattack class level 2 and substance abuse treatment program, random testing at your expense for the presence of alcohol and drugs, victim impact panel, fines including contribution to MADD for $1000, cost of supervision, cost of prosecution, cost of law enforcement investigation, court costs. Upon successfully completing the program, the State Attorney’s Office will drop your charges.
The penalties for DUI can be quite severe depending on the facts and circumstances of your case and based on your criminal record. Below is a breakdown of the different sanctions the court may impose on you if you plead guilty or are found guilty by a jury at trial:1x Conviction:
|
|
Minimum Penalty
|
Maximum Penalty
|
|
|
Jail
|
None
|
Six Months
|
- Max. Nine months if .15 or above, or minor in vehicle
- Max. Year if crash
|
|
Probation
|
Early Termination
|
One Year
|
|
|
Driver’s License Suspension
|
Six Months
|
One Year
|
|
|
Community Service
|
Fifty Hours
|
Discretionary
|
|
|
Impoundment
|
Ten Days
|
Thirty Days
|
|
|
Ignition Interlock
|
None
|
Six Months
|
- Required if .15 or above, or minor n vehicle
|
|
DUI Counterattack Class
|
Required
|
|
|
|
Victim Impact Panel
|
Required
|
|
|
|
Fine
|
$500
|
$1,000
|
- $1,000-$2,000 if .15 or above, or minor in vehicle
|
2x Conviction within 5 Years of Previous DUI Conviction:
|
|
Minimum Penalty
|
Maximum Penalty
|
|
|
Jail
|
Ten Days
|
Nine Months
|
- Max. Twelve months if .15 or above, or minor in vehicle
|
|
Probation
|
Early Termination
|
One Year
|
|
|
Driver’s License Suspension
|
Five Years
|
|
|
|
Community Service
|
None
|
None
|
|
|
Impoundment
|
Thirty Days
|
|
|
|
Ignition Interlock
|
One Year
|
|
- Two Years if .15 or above, or minor n vehicle
|
|
DUI Counterattack Class
|
Required
|
|
|
|
Victim Impact Panel
|
Required
|
|
|
|
Fine
|
$1,000
|
$2,000
|
- $2,000-$4,000 if .15 or above, or minor in vehicle
|
2x Conviction with Previous DUI Conviction Outside of 5 Years:
|
|
Minimum Penalty
|
Maximum Penalty
|
|
|
Jail
|
None
|
Nine Months
|
- Max. Year if .15 or above, or minor in vehicle
|
|
Probation
|
Early Termination
|
One Year
|
|
|
Driver’s License Suspension
|
Six Months
|
One Year
|
|
|
Community Service
|
None
|
None
|
|
|
Impoundment
|
Ten Days
|
Thirty Days
|
|
|
Ignition Interlock
|
Year
|
|
- Two Years if .15 or above, or minor n vehicle
|
|
DUI Counterattack Class
|
Required
|
|
|
|
Victim Impact Panel
|
Required
|
|
|
|
Fine
|
$1,000
|
$2,000
|
- $2,000-$4,000 if .15 or above, or minor in vehicle
|
3x Conviction within 10 Years of Previous DUI Conviction:
|
|
Minimum Penalty
|
Maximum Penalty
|
|
|
Jail
|
Thirty Days
|
Year
|
- If upgraded to felony then Max. Five Years Prison
|
|
Probation
|
Early Termination
|
Year
|
- If upgraded to felony then Max. Five Years Five Years Probation
|
|
Driver’s License Suspension
|
Ten Years
|
|
- No eligibility for hardship driver’s license
|
|
Community Service
|
None
|
None
|
|
|
Impoundment
|
Ninety Days
|
|
|
|
Ignition Interlock
|
Two Years
|
|
|
|
DUI Counterattack Class
|
Required
|
|
|
|
Victim Impact Panel
|
Required
|
|
|
|
Fine
|
$2,000
|
$5,000
|
- $4,000-$5,000 if .15 or above, or minor in vehicle
|
3x Conviction with Previous DUI Conviction Outside of 10 Years:
|
|
Minimum Penalty
|
Maximum Penalty
|
|
|
Jail
|
None
|
Year
|
|
|
Probation
|
Early Termination
|
One Year
|
|
|
Driver’s License Suspension
|
Six Months
|
One Year
|
|
|
Community Service
|
None
|
None
|
|
|
Impoundment
|
Ten Days
|
Thirty Days
|
|
|
Ignition Interlock
|
Two Years
|
|
|
|
DUI Counterattack Class
|
Required
|
|
|
|
Victim Impact Panel
|
Required
|
|
|
|
Fine
|
$2,000
|
$5,000
|
- $4,000-$5,000 if .15 or above, or minor in vehicle
|
4x Conviction of DUI or more:
|
|
Minimum Penalty
|
Maximum Penalty
|
|
|
Jail
|
None
|
Year
|
- If upgraded to felony then Max. Five Years Prison
|
|
Probation
|
Early Termination
|
One Year
|
- If upgraded to felony then Max. Five Years Five Years Probation
|
|
Driver’s License Suspension
|
Lifetime Revocation
|
|
|
|
Community Service
|
None
|
None
|
|
|
Impoundment
|
None
|
None
|
|
|
Ignition Interlock
|
None
|
None
|
|
|
DUI Counterattack Class
|
Required
|
|
|
|
Victim Impact Panel
|
Required
|
|
|
|
Fine
|
$2,000
|
$5,000
|
|
Jail
If you are facing potential jail time, there may still be some options available to you.
· Home Confinement: Through electronic monitoring by ankle bracelet, you may be eligible to serve your jail sentence at home with the ability to leave your residence for employment purposes only. To be eligible, the Court must have no objection and you must be pre-screened for entry into the program.
· Residential Treatment Program: At the Court’s discretion, you may be able to serve your jail sentence at a residential substance abuse treatment program. The residential treatment program provides intensive residential therapy for people with alcohol or drug dependency and/or co-occurring mental health disorders. Services may be funded by private insurance or accepted on a self-pay sliding fee scale based on your income.
· Work Release: The Work Release Center provides supervised dormitory-type housing for inmates who maintain employment in the community. To be eligible, the Court must have no objection to your entry and you must be pre-screened for entry into the program.
Community Service
There are numerous tasks/jobs you may do to complete the requirement of community service hours. In addition, you may be able to “buy out” your community service hours at the rate of ten dollars an hour, depending on the Court’s ruling. In the event you are unable/unwilling to buy out the community service hours, ask your probation officer for a list of approved tasks/jobs that best suits your abilities.
Impoundment or Immobilization of Motor Vehicle
A common misunderstanding of this penalty is the belief that your vehicle will be towed and stored at a government facility for a period of time. If your vehicle is required to be impounded/immobilized your vehicle tag will be removed or a “boot” will be placed on your vehicle in order to satisfy this condition of probation.
You may be eligible for a waiver of this requirement if your vehicle is the only means of transportation for your family or if the vehicle is solely used by one of your employees or business.
You may be eligible for a waiver of this requirement if your vehicle is the only means of transportation for your family or if the vehicle is solely used by one of your employees or business.
Ignition Interlock Device
An ignition interlock device is an in-car breath alcohol machine that prevents a vehicle from starting if it detects a driver’s blood alcohol concentration (BAC) over a 0.05 limit. The ignition interlock device is designed to fit inside the vehicle, near the driver’s seat, and is connected directly to the vehicle’s ignition system. Before starting the vehicle, the driver must blow into the interlock device before the vehicle can be started. Once the device has determined the driver is below a 0.05, the vehicle may be started. In addition to the initial sample to activate your vehicle, the machine requires additional breath samples at random intervals during the trip or the vehicle’s engine may shut down.
The DHSMV monitors the ignition interlock device through their Ignition Interlock Program. The cost for installation of the device is $70 with monthly monitoring and calibration payments of $67.50. In addition, DHSMV may require a $100 down payment or a $5 per month insurance fee. For more information on the specific interlock device used in Central Florida click here.
The DHSMV monitors the ignition interlock device through their Ignition Interlock Program. The cost for installation of the device is $70 with monthly monitoring and calibration payments of $67.50. In addition, DHSMV may require a $100 down payment or a $5 per month insurance fee. For more information on the specific interlock device used in Central Florida click here.
DUI Counterattack Class
The DUI Counterattack class is produced by the Florida Safety Council. The class is a course taught to explain the effects of alcohol and drugs while operating a motor vehicle; a review of Florida traffic laws relating to DUI as well as the court system and DHSMV; identify types of alcohol usage and identify the motorist’s drinking and drug use patterns; and to learn about drug and alcohol resources available in the community.
The DUI Counterattack class may be made of two levels. Level one consists of a twelve hour course with a one hour evaluation by a DUI instructor who will make a determination of whether a substance abuse treatment program is appropriate. Level two consists of a twenty one hour course with a two hour evaluation by a DUI instructor who WILL recommend a substance abuse treatment program.
The DUI Counterattack class may be made of two levels. Level one consists of a twelve hour course with a one hour evaluation by a DUI instructor who will make a determination of whether a substance abuse treatment program is appropriate. Level two consists of a twenty one hour course with a two hour evaluation by a DUI instructor who WILL recommend a substance abuse treatment program.- Requirements for eligibility for Level 1 include: No prior DUI arrests or prior alcohol-related reckless driving convictions. Fees = $230.00 Registration fee
- Requirements for eligibility for Level 2 include: Has any prior DUI arrest or prior alcohol-related reckless driving convictions. Fees = $355 Registration fee
Upon Court order, you must complete the instructional phase of the course as well as the substance abuse treatment program in order to satisfy conditions of your probation. To enroll online for the DUI counterattack class click here. Before enrolling, you must have the following information
- Drivers License Number
- Copy of arrest report or traffic crash report
- Results from the breath, urine, or blood test
- Arrest citation or ticket and
- The court disposition or order provided by the clerk of court IF you have plead guilty to DUI or been found guilty by a jury at trial.
Victim Impact Panel
A Victim Impact Panel is an awareness program, presented by Mothers Against Drunk Driving (MADD), intended to educate DUI offenders of the potential harm that can be caused by driving under the influence of alcohol.
If convicted of a DUI, you will be required to attend this program as a condition of your probation. The program consists of one evening session in which you will sit through a meeting, participate, and listen to the tragic stories shared by the panel members and presenters.
The Panel is made up of a group of volunteers who share personal and tragic experiences of how drunk drivers have affected their lives and loved ones. This program provides DUI offenders the chance to witness the amount of pain and devastation a DUI victim may endure because of another person’s decision to drive while under the influence.
If convicted of a DUI, you will be required to attend this program as a condition of your probation. The program consists of one evening session in which you will sit through a meeting, participate, and listen to the tragic stories shared by the panel members and presenters.
The Panel is made up of a group of volunteers who share personal and tragic experiences of how drunk drivers have affected their lives and loved ones. This program provides DUI offenders the chance to witness the amount of pain and devastation a DUI victim may endure because of another person’s decision to drive while under the influence.
Fine and Costs
Fines and costs may be made up of a fine imposed by the court, court costs, cost of prosecution ($50 for a misdemeanor; $100 for a felony), and costs of investigation by law enforcement.
Fines may have to be paid in full by the end of your probationary term or you may be eligible for collection court. Collection court allows you to make monthly payments, until paid in full, with a $5 monthly charge. If you have been sent to collection’s court and fail to pay, you may be sentenced to jail depending on your failure to timely notify the court of your lack of payment.
Fines may have to be paid in full by the end of your probationary term or you may be eligible for collection court. Collection court allows you to make monthly payments, until paid in full, with a $5 monthly charge. If you have been sent to collection’s court and fail to pay, you may be sentenced to jail depending on your failure to timely notify the court of your lack of payment.
What strategies do you have for a successful outcome?
Before we discuss how to defend a DUI, it is important to understand how the prosecutor will prove their case. To prove the crime of Driving under the Influence, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, the defendant:
2. While driving or in actual physical control of the vehicle, the defendant:
A. Was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that his/her normal faculties were impaired. And/or
B. Had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
B. Had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he/she is actually operating the vehicle at the time.
Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he/she is actually operating the vehicle at the time.
Plea Negotiation
Plea negotiations take place throughout your case in the form of meetings with the prosecutor, pretrial conference, and plea conferences. If plea negotiations are initially unsuccessful, then the firm of Jaeger & Blankner will file motions to suppress on your behalf, which challenge the constitutionality of the officer’s ability to stop your vehicle, detain you for purposes of conducting a DUI investigation, and conduct an arrest. In addition, there may be other challenges which include statements unlawfully taken in violation of your Miranda rights and issues regarding the intoxilyzer/breathalyzer machine.
Motion to Suppress (evidence/statements)
A motion to suppress is similar to a trial in that the prosecutor will call the officer to the stand and elicit testimony as to why the officer stopped your vehicle, unusual observations such as an odor of alcohol, and results of the field sobriety exercises. After cross examination, both sides will present a “closing argument” to the Court, which may include references to case law as well as the facts that were presented from the witness stand. Depending on the Court’s ruling, the prosecutor may be prohibited from using some or all of the evidence against you, which may reopen negotiations or even result in the prosecutor dropping the charges against you.
Possible Issues/Defenses in a DUI motion to suppress
· If the stop was illegal, the Court will suppress evidence of the stop as well as everything that occurred thereafter resulting in the prosecutor dropping your charges.
Officers do not always have the required “probable cause” to pull you over and issue a traffic citation. In some
circumstances, the officer activated his/her lights prematurely resulting in an unlawful stop and detention.
· Although the stop may have been lawful, your continued detention by law enforcement may be illegal, which may result in the Court suppressing all evidence that occurred thereafter.
For example, in the landmark case of Williams v. State, the firm of Jaeger & Blankner was successful in defending the State's appeal before the Fifth District Court of Appeal. The case involved a situation where the motorist was lawfully pulled over, but illegally detained so another officer could get a K9 unit to “sniff” around the motorist’s vehicle for presence of drugs. Based on the amount of time it took for the K9 unit to arrive, the Fifth District Court of Appeal determined Mr. Williams should have been cited a ticket for the stop and allowed to leave the area without any further delay.
Field Sobriety Exercises were never designed to determine whether a person was impaired by alcohol. If you performed below the officer’s expectations, it may be because you were tired, nervous, or upset; because you have physical limitations; or because the police officer did not follow the proper procedures in administering your test.
What about the intoxilyzer/breathalyzer results?
Field Sobriety Exercises were never designed to determine whether a person was impaired by alcohol. If you performed below the officer’s expectations, it may be because you were tired, nervous, or upset; because you have physical limitations; or because the police officer did not follow the proper procedures in administering your test.
· The intoxilyzer/breathalyzer test results may be suppressed.
Attorney Joerg F. Jaeger has extensive experience with both the Intoxilyzer 5000 and the Intoxilyzer 8000, breathalyzer machines used in Orange, Seminole and Osceola counties in central Florida. During Intoxilyzer 5000 and Intoxilyzer 8000 hearings, Joerg F. Jaeger has been extremely successful in challenging: 1) the scientific validity of the machine, 2) whether the machine was properly calibrated prior to testing, 3) whether the machine was illegally modified after its initial approval by the Florida Department of Law Enforcement’s Implied Consent Program as well as numerous other challenges that resulted in the suppression of breath results. Click on the following cases to read about the successful challenges brought by Mr. Jaeger as well as the Court’s findings on the Intoxilyzer machine.
What about the intoxilyzer/breathalyzer results?
Attorney Joerg F. Jaeger has been extremely successful throughout the years in getting the results of the breath test thrown out in Orange and Osceola County. The firm's attorneys currently have numerous cases on appeal for Orange, Osceola and Seminole Counties.
If convicted of a DUI, you will have to report for supervised probation in order to complete your sentence. Generally, cost of supervision is thirty dollars a month and may consist of random urine tests for the presence of drugs and/or alcohol (depending on the conditions of your sentence). The probation officer will ensure that you have committed no additional crimes during the term of your probation and complete the other terms of your sentence such as community service, classes, etc. If you fail to complete all the sanctions ordered by the Court, the probation officer will file a violation of probation and you will be charged with an additional crime. (link to violation of probation page) On the other side, if you are able to complete all the court ordered sanctions, you may be eligible for early termination of probation.
Let us put our experience to work for you. If you have been arrested for DUI in central Florida, contact Jaeger & Blankner, board-certified criminal trial attorneys in Central Florida and Orlando, for your free initial consultation. Se habla Español.
Your Driver's License Hearing
Your Florida DUI ticket serves as a temporary driver's permit for driving to and from work for 10 days after your arrest. Unless you file for a formal review of the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within 10 days, you will not be allowed to drive for any reason whatsoever for 30 or 90 days following the expiration of that temporary permit.If convicted of a DUI, you will have to report for supervised probation in order to complete your sentence. Generally, cost of supervision is thirty dollars a month and may consist of random urine tests for the presence of drugs and/or alcohol (depending on the conditions of your sentence). The probation officer will ensure that you have committed no additional crimes during the term of your probation and complete the other terms of your sentence such as community service, classes, etc. If you fail to complete all the sanctions ordered by the Court, the probation officer will file a violation of probation and you will be charged with an additional crime. (link to violation of probation page) On the other side, if you are able to complete all the court ordered sanctions, you may be eligible for early termination of probation.
Let us put our experience to work for you. If you have been arrested for DUI in central Florida, contact Jaeger & Blankner, board-certified criminal trial attorneys in Central Florida and Orlando, for your free initial consultation. Se habla Español.
