DUI & Criminal Traffic Offenses


SHORSTEIN, LASNETSKI, & GIHON
helps people charged with DUI & Criminal Traffic Offenses

SLG Law has DUI defense attorneys with experience prosecuting and defending DUI and Criminal Traffic cases.  With extensive knowledge from both sides, we have a unique perspective on how these cases are investigated, prosecuted and defended. 

 

Timing is critical in any driving offense, including DUI, Reckless Driving, Driving with a Suspended License, and more.  The reason is that there are two completely separate, but interrelated systems in play: the criminal court and DHSMV.  If found guilty, the criminal court can sentence you to jail, probation, fines, and more, including a driver’s license suspension.  The DHSMV can suspend your license.  The criminal court usually takes longer.  The DHSMV does not require as much evidence to take your license. The courts have ruled that driving is a privilege and not a right, so the burden of proof is lower than in criminal courts. 


What should I do if I was just arrested for DUI?


If you are arrested for DUI, the police officer probably took your license and issued you a citation.  Typically, for a first time DUI, you will be able to drive for hardship reasons for ten (10) days after your arrest.  You must make an election within ten (10) days with the DHSMV.  You should contact an experienced DUI attorney to discuss how this process works so you can make an educated decision on whether to appeal the suspension or whether you should waive your right to appeal the suspension. You should never plead guilty to a DUI without consulting an experienced DUI attorney. 


How do I challenge my DUI license suspension?


 Within ten (10) days of your arrest, you must make an election with the Administrative Review Office of the Florida Department of Highway Safety and Motor Vehicles office.  This has nothing to do with the criminal case.  This directly relates to your driver’s license only.  If you do nothing, your license will be suspended for six (6) months if submitted to a breath test, or twelve (12) months if you refused.  You will not be able to obtain a hardship license for the first thirty (30) days if you submitted to a breath test, or the first ninety (90) days if you refused the test.  We typically refer to this as “hard time.”  However, if you waive your right to appeal the suspension, you will be able to apply for a hardship license with no “hard time”.  If you decide to appeal the suspension, you will typically be given a hardship license for up to thirty (30) days after the arrest.  Your attorney can subpoena the officers  and obtain testimony before an administrative review officer.  If the review officer sustains the suspension, you will have thirty (30) days of hard time and a six month suspension if you submitted to the breath test, and ninety (90) days of hard time and a one (1) year suspension if you refused the breath test.  If the review officer determines that the suspension was improper, you would be able to reinstate your license.  However, this would not affect the criminal case.  If you were later convicted of the DUI in criminal court, your license would then be suspended upon that conviction.  If you are found guilty of the DUI in the criminal court, you may be eligible to apply for a hardship license with no hard time.  The important thing to remember is that the criminal court and DHSMV are two completely separate entities and the license suspensions are independent of each other.


What can I do if my license is suspended?


If your license is suspended because of points or multiple driving with suspended license convictions, you may be able to reopen one or more of those cases.  Give us a call to discuss your driving record.


Please click a link below to read more about the different DUI and Criminal Traffic Offenses in the State of Florida.  You can learn about the particular offenses, the requirements, the potential consequences , possible defenses and more.  

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