Services

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Driving Under the Influence (DUI)

If you have been charged with a DUI (Driving Under the Influence), you face severe consequences, including suspension of your driver’s license, fines, probation, and possibly jail. It is important to hire a DUI lawyer as quickly as possible to protect your rights. Under Florida Statute 316.193, to be convicted of a DUI charge, the prosecutor must prove beyond a reasonable doubt that you were driving or in actual physical control of a motor vehicle within the state, and at the time you were driving you were under the influence of alcohol or drugs to the extent that your normal faculties were impaired, or that at the time of driving your blood or breath alcohol level was more than 0.08. DUI cases can be defended in many ways depending on the particular circumstances of your case. The defense of a DUI case depends on many things, including whether alcohol and/or drugs are involved, whether there was an accident, and whether there was a blood, breath or urine test. An experienced defense attorney can discuss your options based on the facts of your case.

The possible minimum punishments vary based on the number of past DUI convictions, and the amount of alcohol in your system if you provided a blood or breath sample. Each individual’s criminal history may also impact any discretionary punishments.

For a first time DUI conviction with an alcohol level less than 0.15, you can expect fines and court costs of approximately $1000, 1 year of probation, driver’s license suspension of 6 months to one year, up to six months in jail, a 10 day vehicle impoundment, DUI school with evaluation and treatment, and 50 community service hours. If the alcohol level was above 0.15, the court costs and fines are approximately $1500, the jail term can rise to 9 months, and you are required to install an ignition interlock device in your car for 6 months. The penalties for subsequent DUI convictions increase substantially and include mandatory jail time and much longer license suspensions.

Drug Charges

Florida law often imposes severe penalties for drug crime convictions, even in cases involving amounts only for personal use. These penalties include jail or prison, probation, house arrest, loss of driver’s license, and forfeiture of money and other assets. It is imperative that you retain an experienced lawyer to defend your drug crime case. Drug Crimes cases can be defended in many ways depending on the particular circumstances of your case. These include challenging the possession itself where the drugs are found in a car or home that does not belong to you, challenging the probable cause for the stop, challenging the legality of the search, the amount of the drugs, and other defenses. In some situations, a drug defense attorney will work with you and the prosecutors to avoid jail or prison sentences, with probation, drug counseling and treatment as alternatives. You may also qualify for a diversion program ,which could result in the charges being dismissed upon successful completion.

Possession

Pursuant to Florida Statute 893.13 it is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription. Florida Statute 893.03 lists the hundreds of drugs that are considered “controlled substances.” Drug Possession, other than marijuana, is a third degree felony, punishable by up to five years in state prison and five years of probation. Marijuana possession is a first degree misdemeanor, punishable by up to 1 year in jail and one year of probation. The amount of the drugs can have a major impact of the charge, however. Larger amounts can lead to charges of Possession with Intent to Sell or Trafficking. Drug Possession charges cases can be defended in many ways depending on the particular circumstances of your case. These include challenging the possession itself where the drugs are found in a car or home that does not belong to you, challenging the probable cause for the stop, challenging the legality of the search, the amount of the drugs, and other defenses. In some situations, a drug defense lawyer will work with you and the prosecutors to avoid jail or prison sentences, with probation, drug counseling and treatment as alternatives. You may also qualify for a diversion program ,which could result in the charges being dismissed upon successful completion.

Sale

Pursuant to Florida Statute 893.13 it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Florida Statute 893.03 lists the hundreds of drugs that are considered “controlled substances.”

Drug sale charges, or possession with intent to sell charges, change in degree depending on the type of drug. Drug sales, or possession with intent to sell, of Schedule I drugs, including Heroin, and Schedule II drugs, including Opium, Cocaine, Hydrocodone, Oxycodone, Morphine, Methamphetamines, and Methadone are second degree felonies, punishable by up to fifteen years in prison. The amount of the drugs can have a major impact of the charge, however. Larger amounts can lead to charges of Drug Trafficking.

Drug Sale and Possession with Intent to Sell charges cases can be defended in many ways depending on the particular circumstances of your case. In many cases an undercover officer allegedly made the transaction weeks before the arrest, in which case the officer’s ability to provide proper identity can be challenged. In other cases, the use of confidential informants can be challenged. In some situations, a drug defense attorney will work with you and the prosecutors to avoid jail or prison sentences, with probation, drug counseling and treatment as alternatives.

Trafficking

Florida Statute 893.135 provides the guidelines on Drug Trafficking Charges. Trafficking includes knowingly selling, purchasing, manufacturing, delivering, or bringing into this state, or knowingly possessing the drugs. Trafficking does not require selling the drugs. In some cases, possession of just a handful of pills could lead to a Drug Trafficking charge. Some common Drug Trafficking charge examples are:

Cocaine

• 28 grams to 200 grams: 3 years minimum prison – up to 30 years, $50,000 fine
• 200 grams to 400 grams: 7 years minimum prison – up to 30 years, $100,000 fine
• 400 grams or more: 15 years minimum prison – up to 30 years, $250,000 fine
  

Morphine, Hydrocodone, Opium, Heroin, Oxycodone

• 4 grams to 14 grams: 3 years minimum prison – up to 30 years, $50,000 fine
• 14 grams to 28 grams: 7 years minimum prison – up to 30 years, $100,000 fine
• 28 grams to 30 kgs: 15 years minimum prison – up to 30 years, $250,000 fine
  

Methamphetamines

• 14 grams to 28 grams: 3 years minimum prison – up to 30 years, $50,000 fine
• 28 grams to 200 grams: 7 years minimum prison – up to 30 years, $100,000 fine
• 28 grams or more: 15 years minimum prison – up to 30 years, $250,000 fine
  

Trafficking of other drugs leads to similar penalties. Additionally, larger amounts can lead to more severe penalties including life in prison without possibility of release, or even the death penalty.

Drug Trafficking charges cases can be defended in many ways depending on the particular circumstances of your case. In some prescription pill cases, you may have a valid prescription. In many cases an undercover officer allegedly made the transaction weeks before the arrest, in which case the officer’s ability to provide proper identity can be challenged. In other cases, the use of confidential informants can be challenged. In some situations, a drug defense attorney will work with you and the prosecutors to avoid the required prison sentences through substantial assistance programs.

Traffic Charges

These days it may seem that anything can get your license suspended. Too many tickets, failure to pay fines, not paying child support, theft charges, DUI charges, and many other things can lead to your license being suspended. Sometimes, the driver’s license office just makes a mistake and you might show as having a suspended license. In any case, driving on a suspended license can lead to your arrest, and possibly severe punishment. Suspended License charges cases can be defended in many ways depending on the particular circumstances of your case.

Driving with Suspended License

Pursuant to Florida Statute 322.34 Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked commits the crime of Driving While License Suspended. If the driver lacks knowledge of the suspension, it can still be charged as a non-criminal traffic infraction.

The first Driving While License Suspended charge is a second degree misdemeanor, the second charge is a first degree misdemeanor, and the third or subsequent charge is a third degree felony. It is also a felony charge if there was an accident that led to the death or serious injury of anyone involved. Also, if your license was suspended for DUI, and you are under the influence and driving on a suspended license, the State can take your car permanently.

Driving While License Suspended charges cases can be defended in many ways depending on the particular circumstances of your case. Among other things, the basis for the stop can be attacked, knowledge of the suspension can be challenged, and prior convictions can be challenged.

Habitual Traffic Offender

Pursuant to Florida Statute 322.264 a person qualifies as a Habitual Traffic Offender based on 3 or more convictions for any combination of vehicular manslaughter, DUI, any felony using a motor vehicle, driving while license suspended, and leaving the scene of an accident with injury. As a Habitual Traffic Offender, your license will be suspended for 5 years, and some driving charges are enhanced. Driving while your license is suspended for Habitual Traffic Offender is automatically a third degree felony.

Driving While License Suspended charges cases can be defended in many ways depending on the particular circumstances of your case. Among other things, you can petition to Department of Highway Safety and Motor Vehicles to remove the Habitual Traffic Offender designation if the criteria cannot be proved.