Throughout Orlando and the rest of the state, Florida Highway Patrol will be in full-force with regard to DUI check points and saturation patrols until New Year’s Day. Starting 2013 off with drunk driving charges is certainly not the most desirable of happenings, but it could happen. At times, it can be difficult to know when you have had just one drink too many, particularly in the atmosphere of the holidays and catching up with old friends.
If a Florida resident should find themselves confronting DUI charges following any New Year’s festivities, there are a few things to be very mindful of. First of all, the Department of Highway Safety and Motor Vehicles will attempt to suspend a charged individual’s license. In order to combat this, the charged individual must schedule an administrative hearing within 10 days of the arrest.
From there, it is important to aggressively defend against the charges of drunk driving, because simply being charged does not necessarily mean that an individual will be convicted of driving under the influence. By questioning all happenings, there will be instances in which, with the assistance of legal counsel, an individual can prove that they were unlawfully charged.
To do this an individual must look at the evidence for stopping them in the first place. Then, the manner that the officer went about in collecting the evidence could be crucial as well. Further, the administration or refusal of a breath test will come into play as well.
All of this can feel confusing, overwhelming and possibly even embarrassing. Contacting an experienced attorney can help an individual feel at ease and know that they are headed in the right direction for the best outcome.
Source: Orlando Sentinel, “Eustis police taking part in ‘Drive Sober or Get Pulled Over’ crackdown on impaired motorists,” Dec. 26, 2012
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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