How can a criminal defense attorney help with a DUI charge?
An attorney can challenge the legality of the traffic stop, the accuracy of field sobriety tests, the calibration and administration of the breathalyzer, and the procedures followed during your arrest. Procedural errors by law enforcement can result in evidence being suppressed or charges being reduced or dismissed entirely.
What if I was arrested for DUI but not over the legal limit?
Florida law does not require that your BAC exceed 0.08% for a DUI conviction. If law enforcement determines that your normal faculties were impaired by alcohol or drugs, you can be charged regardless of your BAC. This includes impairment from prescription medications, marijuana, and other controlled substances.
Can I get a hardship license after a DUI in Florida?
In many cases, yes. A hardship license allows you to drive for work, school, medical appointments, and other essential purposes during your suspension period. Eligibility depends on the specifics of your case, and you must typically complete DUI school and apply through the Florida Department of Highway Safety and Motor Vehicles.
Will a DUI show up on my criminal record permanently?
Yes. Unlike some states, Florida does not allow DUI convictions to be expunged or sealed. A DUI will remain on your criminal record permanently, which can affect employment, housing applications, professional licensing, and immigration status.
Can I refuse a breathalyzer test in Florida?
You can, but there are consequences. Florida’s implied consent law means that by driving on Florida roads, you have already consented to chemical testing if lawfully arrested for DUI. Refusing a breathalyzer results in an automatic one-year license suspension for a first refusal and an 18-month suspension for a second refusal. A second refusal is […]
Can charges be avoided if I am under investigation?
In some cases, yes. Pre-charge intervention by an experienced attorney can present the defendant’s position to prosecutors, provide exculpatory evidence, and argue against prosecution. This strategy is most effective when the attorney is engaged early in the investigation, before a charging decision has been made.
Should I cooperate with investigators?
Never speak with investigators without consulting an attorney first. Cooperation can be valuable in some circumstances, but it must be structured carefully through a formal cooperation agreement that protects your rights. Unstructured cooperation without legal counsel can produce statements that are used against you.
What are the penalties for fraud in Florida?
Penalties depend on the amount involved. Fraud involving $750 to $20,000 is a third-degree felony (up to 5 years). Fraud involving $20,000 to $100,000 is a second-degree felony (up to 15 years). Fraud exceeding $100,000 is a first-degree felony (up to 30 years). Federal fraud charges carry up to 20 or 30 years per count […]
Can white collar charges be filed in federal court?
Yes. Many white collar offenses, including wire fraud, mail fraud, bank fraud, securities fraud, and tax evasion, are federal crimes. Cases involving interstate transactions, substantial dollar amounts, or federal agencies are frequently prosecuted in the United States District Court rather than state court.
What is considered white collar crime?
White collar crime is a broad category of financially motivated, non-violent criminal offenses committed through deception, including fraud, embezzlement, money laundering, tax evasion, identity theft, forgery, and public corruption. These offenses are prosecuted under both state and federal law.
