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Common DUI Defenses and When to Use Them

When you’re arrested for a DUI (driving under the influence) in Florida, you’ll need to fight back to avoid serious consequences. A DUI is a major offense, and you could lose your license for some time, along with receiving heavy fines, possible jail time, and an ignition interlock device.

Defending yourself in court can help you increase your chances of getting your DUI dismissed, but first you’ll need to know some common DUI defenses and when to use them. The most appropriate option will depend on your situation, so you and your lawyer may need to focus on what happened first in your particular drunk driving case.

Inaccurate Field Sobriety Tests

In some cases, you might have had a drink, but you shouldn’t have been over the limit by the time you were heading home. You were stopped on the way, however, and the field sobriety test said you were over the legal limit.

However, these sobriety tests aren’t always completely accurate. Some experts have criticized the machines for false positives when other methods can also test impairment. In these cases, you may need to bring in an expert witness who can attest that these drunk driving tests can be inaccurate.

Typically, you may want to use this defense if you believe you weren’t over the legal limit. You didn’t feel impaired, and you believe that you didn’t drink as much as the machine suggested. Further tests at the station could help support this defense.

Driving under Duress

Unfortunately, you might have had no choice in the matter. You had to drive, even if you were drunk, and you were pulled over for it. If you didn’t want to drive but were forced to, you might have a chance to get your case dismissed.

For example, you might have been in a situation where someone was forcing you to drive while intoxicated. They needed to go somewhere, and they threatened you to get their way. In these cases, you and your lawyer will focus on proving that the other person forced you to drive despite your being impaired.

Or perhaps someone might have been hurt, and calling an ambulance wasn’t an option. While most of us now always have smartphones on us, there are times when our phones are dead or we’re too far away from any towers and unable to call for help. You may have had to drive into town because it was an emergency, not because you were intentionally reckless.  

Contact a DUI Lawyer for Your Appropriate Defense

Unfortunately, a DUI can be costly, and it can be difficult to prove that you didn’t intentionally endanger anyone. So, before your day in court, you’ll need to know two things: common DUI defenses in Florida and when to use them.

At Hersem Law, we understand how tough it can be to find the right defense for your drunk driving case. Fortunately, we can help you determine the best options for your case and fight to get your DUI dismissed. Get started with a free strategy session, and our attorneys will show you how we can help before you begin.

To get started, reach out by calling 813-251-7291 or by completing the online form below.

Can I Be Pulled over for Texting While Driving in FL?

While you’re on the road, it can be tempting to send a quick text that you’re on the way, or to check that notification that buzzed at you a few minutes ago. Unfortunately, if you do choose to check it, you could be in serious trouble.

Plenty of Florida drivers have checked their phones behind the wheel, but can you be pulled over for texting while driving in FL? Unfortunately, the answer is yes. However, you also have a chance to get your ticket dropped if you fight back in traffic court.

Tickets for texting while driving can be expensive, and they can drastically affect your license. So, reach out for help before you defend yourself in traffic court.

Florida’s Texting Ban

Like many states, Florida has placed a ban on texting while driving in any form. If you need to use your phone, you’re expected by law enforcement officers to pull over before making your call or text. Texting while driving is considered distracted driving, which could lead to serious injuries.

Texting and driving has become such a serious issue today that many states like Florida have implemented safe driving programs. For example, Florida has designated certain rest areas as “safe phone zones,” encouraging people to pull over to these places before they use their cell phones.

Unfortunately, because distracted driving is such a problem, police officers will be on the lookout for any signs that you’re texting and driving. That also means that you could be left with hefty fines that you’ll need to fight.  

Penalties for Texting and Driving in Florida

When you’re pulled over for texting while driving, the penalties for a guilty plea or a conviction can be harsh. You’ll need to fight back to make sure you don’t face these penalties, or you could spend years fighting back afterwards.

First, you’ll need to watch for the fines that come with a traffic ticket. Even a first offense can be expensive. If you don’t take action, you might be paying more than one hundred dollars for something you don’t believe you’re guilty of.

Worse, it can affect your license. Florida has a points system, which means that for every ticket you receive, you’ll also receive points on your license that add up. If those points reach certain limits within a single period, your license can be suspended. So, if you’re pulled over for texting while driving, you may need to fight back to protect your driving privileges.  

Fight Your FL Ticket Today

If you’ve ever had to pull over to answer a text, or if you’ve gone ahead and answered, you’ve likely wondered, “Can I be pulled over for texting while driving in FL?” The bad news is, yes, you can be pulled over. The good news, however, is that you have a chance to fight back.

When you’re pulled over and given a ticket, you’ll have a chance to fight back against that ticket by calling a lawyer from Hersem Law. We’ll help you defend yourself in traffic court, starting with a free strategy session. That way, you know that our firm is right for you before you begin.

Ready to get started? Give us a call at 813-251-7291 or complete the online form below.

What Is Florida’s Three Strikes Law?

An arrest is already serious and embarrassing. Worse, this arrest might not be your first one, and you have more to worry about than your trial. Instead, you’re now worried about what Florida’s three strikes law is and whether you’re in trouble because of it.

If you’re facing charges in Florida, you’ll need help fighting back, especially if you might be labeled a habitual offender. That label can hurt your future, so don’t fight alone. Get help when you’ve already gotten a strike or two. You’re not out yet, and the right lawyer can help make sure you stay that way.

Three Strikes Law for Habitual Offenders

Many states have a three strikes law, which is meant to keep habitual offenders off the streets. For Florida residents, this law means that certain types of offenses will leave you with much harsher penalties as time goes on. After three strikes, you’re out, in that you’ll likely have much steeper penalties and a longer jail sentence at that point.

In Florida, this law is often known as the 10-20-Life law. This law states that for felony convictions, there must be a minimum sentence of ten, twenty, or twenty-five years to life in prison for certain crimes. These crimes are violent ones, such as the following offenses:

  • Robbery
  • Assault
  • Aggravated child abuse
  • Kidnapping
  • Murder

If you’ve been accused of any of these offenses, you’ll need to seek a lawyer ASAP. If you don’t fight back, that’s a strike against you that puts you closer to a life sentence.

Who’s Affected in Florida?

When you’re facing criminal charges in Florida, you might be worried about more than your criminal record. Instead, you might be worried about the effects of the third-strike penalties. You could end up spending the rest of your life behind bars, so you’ll need to take action now.

Keep in mind, though, that the crimes affected by this law are violent felonies, so not every offense could land you with such harsh penalties. For many people—for example, those dealing with charges for traffic violations—this shouldn’t affect their proceedings.

For your case to be affected by this law, you’ll need to have been charged with two previous violent felonies. And fortunately, if these felonies were charged at the same time, you might not be affected by this. Instead, there must be two separate previous felonies before you’re impacted by this law.

Learn How a Defense Attorney Can Help

Unfortunately, you might still be worried about this law. You’re concerned about what Florida’s three strikes law is, how it will affect your case, and how you can fight back. Fortunately, you’ll have a chance to defend yourself with the help of an attorney.

At Hersem Law, we know that dealing with felony charges in Florida is scary. Your future is on the line, so you’ll need someone on your side to take action. Fortunately, our attorney can help you defend your case and hopefully get your charges dropped. Get started today with a strategy session, and we’ll discuss whether you’re nearing your third strike, as well as how we’ll fight back for your freedom.

To get started with a lawyer, reach out for help. We can be reached at 813-251-7291 or by completing the online form below. 

DUI Administrative Suspension for First Offenders

If you were arrested in Florida for your first DUI offense, then the initial decision you will face is how to handle the suspension of your driver’s license. Under Florida law, drivers who provide a breath sample of .08 or above are driving with an unlawful blood alcohol level (DUBAL) and will automatically have their license suspended by the DMV for a period of six months. Drivers who refuse to submit to testing (refusal) will automatically have their license suspended for a period of one year.

You only have ten days from the date of your arrest to respond to this suspension, so it’s important that you weigh your options quickly so that you can make the best decision for your individual DUI situation. In doing so, you really have three options to consider.

Three Options for DUI Offenses

  1. Do Nothing

This isn’t a good option, so we won’t spend a lot of time with it, but drivers who fail to act within the first ten days following the date of their arrest will be stuck with the suspension as listed above. As soon as the initial ten days have passed, a thirty-day “hard suspension” will take effect for DUBAL cases, or a ninety-day hard suspension will take effect for refusal cases. As its name indicates, the hard suspension prohibits driving for any purposes.

Once the thirty or ninety days have expired, drivers who have enrolled in DUI school will then be able to request a hardship license, which will allow them to drive for business purposes only for the remainder of their suspension period. Business purposes are defined by the DMV as “any driving necessary to maintain your livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.” Any other driving is prohibited.

2. Request a Formal Review Hearing

Drivers who choose to challenge the administrative suspension of their license within ten days following the date of their arrest will be given a forty-two-day temporary license (unless ineligible), which will allow driving for business purposes only. Within thirty days of the request, a hearing will be scheduled where the State must prove the following elements by “the preponderance of the evidence.” Note that this is a much lower burden than the criminal standard of “beyond a reasonable doubt.”

For DUBAL cases:

  • Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances;
  • Whether the person whose license was suspended had an unlawful blood alcohol level or breath alcohol level of .08 or higher.

For refusal cases:

  • Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances;
  • Whether the person whose license was suspended refused to submit to a breath, blood, or urine test after being requested to do so by a law enforcement officer or correctional officer;
  • Whether the person whose license was suspended was told that if they refused to submit to such test, their privilege to operate a motor vehicle would be suspended for a period of one year, or in the case of a second or subsequent refusal, for a period of eighteen months.

The biggest advantage to choosing this option is that it provides a way to have the administrative suspension completely removed from the DMV record. If you are successful at the formal review hearing, your license will immediately be reinstated and the administrative suspension will be erased from the system.

However, because of the small number of elements that must be proven by the State, as well as the lower burden of proof which they must be proven by, the rate of success at these hearings is extremely low. If you are not successful at the formal review hearing, then the license suspension will remain on your record and, upon expiration of your forty-two-day permit, you will have a hard suspension for a period of thirty days for DUBAL cases or ninety days for refusal cases.

3. Waive Your Formal Review Hearing

Beginning in July 2013, first-time DUI offenders were given a third option for responding to their administrative suspension. Rather than challenging the suspension and risking the hard suspension of their license, drivers can now waive their right to a formal review hearing and, unless otherwise ineligible, immediately receive a hardship permit that allows driving for business purposes for the entire suspension period. In order to qualify for this option, drivers must enroll in DUI school and show proof of enrollment to the Bureau of Administrative Reviews within ten days following the date of their arrest.

The benefit to this option is that the driver never fully loses their ability to drive during the administrative suspension period. However, by choosing this option, the driver is forfeiting any chance of having their suspension invalidated and, in essence, is agreeing to have the administrative suspension remain on their record. Therefore, even if they are ultimately found not guilty, have their case dismissed, or have their case reduced on the criminal side of the process, the evidence of the DUI will remain on their DMV record. This is especially important for refusal cases, as a second refusal in the future can become a criminal charge in and of itself and the DMV record for this suspension can act as proof of the first refusal.

What’s the Best Option for Your DUI Case?

Unfortunately, there is not one option that is perfect for everyone’s individual situation. Some people simply can’t risk a thirty- or ninety-day hard suspension of their license due to work, family, or personal concerns. Others are okay risking the hard suspension for the opportunity to keep their driver’s license record clean.

The choice must be yours, but please understand that no matter which option you choose, you must complete the process within ten days from the date of your arrest or the system will lock you out and you will immediately suffer the hard suspension of your license.

Once you make your decision, please let a defense attorney at Hersem Law know by calling 813-251-7291. They will give you additional instructions on how to complete the process. This typically takes between one and two days, so please plan accordingly.

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