Driving Under the Influence (DUI)
Driving under the Influence
DUI is one of the most complicated crimes and without an experienced attorney, could be one of the most life altering. With MC and J’s help, the State will be held to its burden. Simply put, for the State to prove a DUI, they must show that you drove or were in actual physical control of a vehicle and that your normal faculties were impaired.
Normal Faculties range from one’s ability to walk , talk, judge distances, and make decisions.
In order for police officers to determine whether you are impaired before a breath test, they may ask you to participate in Field Sobriety Exercises (FSEs) The national Highway Traffic and Safety Administration (NHTSA) created these exercises and standardized them for National Use. Currently they are used nationwide during DUI investigations. Many times, officers do not implement the exercises to the NHTSA standards, allowing for several defenses to your DUI.
As prosecutors, both Sean and Sabrina won Outstanding DUI Prosecutor Awards. Sabrina was nominated for a Statewide Prosecutor Award for DUI in 2016 and 2017, earning her the nickname “The DUI Queen.” Sean and Sabrina tried several DUI trials and local prosecutors know how knowledgable that are in DUI. Local Law enforcement utelized that knowledge and ask Sean and Sabrina to help train law enforcement officers on DUI. having done many cross examinations of officers, Sean and Sabrina are well versed in defense tactics. These skills make MC & J Law the best choice for your DUI defense.
Remember DUI is very complicated. Utilize MC & J Law’s expertise to your advantage. Sean and Sabrina are the safe choice!
Remember you are not alone in this. Although it is a very stressful situation, MC & J Law is here to help!
So what are you looking at?
This is usually the biggest question, and with DUI charges there are many possibilities. Here are some of the most common resolutions to a Criminal DUI case.
Withhold of Adjudication or Conviction
Minimum of 6 months Probation
Jail: At the Prosecutor’s discretion
DL Suspension: At the Prosecutor’s discretion
Ignition Interlock: At the Prosecutor’s discretion
Vehicle Impound: At Prosecutor’s discretion
DUI Counter Attack School
Victim’s Awareness Program
Reckless Driving Alcohol Related is not a common resolution. Generally it is only offered to a person who has no criminal history and who has a very simple DUI pattern, or an evidentiary issue. It is in the Prosecutor’s discretion and many times needs managerial approval before it can be offered. Although many of the penalties are at the prosecutor’s discretion, you should expect to receive the vast majority of the first time DUI minimums.
Although 6 months probation is the minimum amount allowed by Statute, it is unadvisable to seek that short a probationary period. You will still need to complete all of the requirements. This is almost impossible to complete within 6 months. if you are unable to complete all of the requirements within the timeframe, your probation will be violated. This may lead to increased probationary period, or worse, jail time. at a minimum you should seek 12 months of probation. with 12 months probation, there is still the option to apply for early termination once all the requirements have been completed. Remember always think ahead.
Ignition Interlock is a device that is installed to the ignition of your vehicle. in order to start the vehicle you must provide a breath sample. These machines are very sensitive. There are documented instances where a person who used mouthwash in the morning showed as have a Breath Alcohol Content (BRAC). If you provide a sample that is above a .03, it can constitute a violation of your probation.
Please Contact us should you have any questions about your DUI charge.
Modern Attorneys for Modern Life.
120 E Robinson Street, Orlando, Fl 32801
407-476-7224 / 407-698-6698