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DUI Defense

If you have been arrested for Driving Under the Influence, the consequences can be serious, and you should have an experience DUI Attorney to defend you against the charge. At The Law Office of Elias R. Hilal, P.A., we will represent you diligently and effectively through every stage of the DUI proceedings. We will analyze every facet of your case and determine what the best strategy will be to defend you.

It is important to meet with an attorney right away because you only have 10 days from time of arrest, to file a request for an administrative review hearing with the Department of Motor Vehicles to protect your driver’s license. Although your license will be taken away from you by the arresting office following your arrest, you may still drive with the 10 days following that arrest. However, at the conclusion of this 10 day period, if you have not requested a formal review hearing, the hearing will be waived and you will be forever be barred from challenging your driver’s license suspension. As a result, your license will automatically be suspended for a period of 6 to 18 months depending on whether or not you have prior DUI convictions, blew over the legal limit, refused to take the breathalyzer test, or have previously refused to give a breath sample. On the other hand, having an attorney at this hearing may in fact save your driver’s license.

 

At The Law Office of Elias R. Hilal, P.A., we will defend you through every step of your DUI, beginning with the DMV hearing. Further, we will handle your arraignment, the depositions of police officers and key witnesses, pre-trial negotiations, motions to suppress as well as take your case to trial if needed. We will gather the information necessary to challenge the arresting officer’s probable cause to stop your vehicle and ensure that your rights were not violated during the traffic stop, both of which could lead to the dismissal of your case.

Having an experienced attorney can help save your license, reduce the penalties you may receive, find a way to have your case dismissed or possibly negotiate a breakdown to a reckless or careless driving charge. We have the experience and understanding of DUI law necessary to fight vigorously on your behalf to save your license and protect your rights.

Listed below are the penalties imposed for DUI’s in the State of Florida:

First DUI:

  • Imprisonment: Maximum of 6 months
  • Probation: Maximum of 1 year
  • Vehicle Impoundment: 10 days
  • Drivers License Revocation: 6 months to 1 year in addition to the suspension you could receive through the administrative hearing.
  • Fine: $500 to $1,000. If you have a blood/breath alcohol level of .15 or higher or are driving with a minor in the vehicle $1,000 to $2,000
  • Community Service: 50 Hours
  • DUI School: Level 1 DUI School

Second DUI:

  • Imprisonment: Maximum of 9 months
  • Probation: Maximum of 1 year
  • Vehicle Impoundment: Second conviction within 5 years is 30 days; otherwise it is a mandatory 10 days.
  • Drivers License Revocation: Second conviction with 5 years: Minimum 5 years revocation. If the current offense is outside of 5 years from your last conviction: 6 months to 1 year
  • Fine: $1,000 to $2,000. If you have a blood/breath alcohol level of .15 or higher or are driving with a minor in the vehicle $2,000 to $4,000
  • DUI School: Level 2 DUI School

Third, Fourth, Fifth…DUI

As you realize, all of the penalties increase as your number of DUI convictions increase. A 3rd DUI within 10 years is a 3rd degree felony and carries a potential 5 year prison sentence, Further, if you or someone is injured or killed in a DUI accident, you can face up to 30 years in prison.

 
 
     

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide ask us to send you free written information about our qualifications and experience. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship.

 
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