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What should you do if you are arrested for a DUI in Florida but reside in another state? If you or someone you know is an out-of-state driver but is facing drunken driving charges in Florida, you probably have a lot of questions.

We at Katz & Phillips, P.A. would like to help answer those questions, so we have provided some basic information on out-of-state DUI cases below.

If you have more questions or would like to discuss your case in more depth, we invite you to contact one of our experienced DUI lawyers for a free case evaluation.

Legal Differences in Dui Cases, Explained by a Sanford, Langwood, and Tavares Out-Of-State Dui Attorney

When an out-of-state resident faces a DUI charge in Florida, unique legal challenges and nuances arise. Florida’s DUI laws, while having some commonalities with other states, have distinct features that can significantly impact non-residents differently. One of the main challenges is jurisdictional: defending a DUI case in Florida while residing in another state complicates the ability to participate in the legal process and requires strategic planning.

Florida’s DUI penalties, including fines, jail time, and mandatory DUI school, can vary from those in other states. For out-of-state residents, this might mean navigating unfamiliar legal terrain and potentially harsher penalties. Additionally, Florida’s approach to driver’s license suspension is a critical aspect. While the state cannot directly suspend an out-of-state driver’s license, it can revoke their privilege to drive within Florida. Under the Interstate Driver’s License Compact, Florida will report the conviction to the driver’s home state, possibly leading to license suspension there as well.

Representing an out-of-state DUI defendant requires specialized legal knowledge. A Florida-based DUI attorney can be invaluable in such cases, providing representation in local courts and understanding Florida’s specific DUI laws. These attorneys can often handle certain aspects of the case without the client’s presence, easing the burden on those who cannot travel back and forth.

Finally, a DUI conviction in Florida can affect future travel to the state. It’s important for out-of-state residents to understand how a conviction might impact their ability to drive in Florida in the future, especially if they are frequent visitors.

Understanding these legal differences and preparing accordingly is crucial for any out-of-state resident facing DUI charges in Florida.

What Is the Interstate Drivers License Compact?

The limitation of Florida’s jurisdiction over an out-of-state driver’s license is a significant aspect to consider in DUI cases. While Florida law enforcement cannot directly suspend a driver’s license issued by another state, this does not imply that there are no repercussions in the driver’s home state following a DUI arrest in Florida.

This is primarily due to the Interstate Driver’s License Compact (IDLC), an agreement between most states in the U.S. to share information about traffic violations of non-residents with their home states. The Compact serves as a means of ensuring that drivers cannot avoid the consequences of driving offenses committed outside their home state.

When a driver is arrested and convicted of a DUI in Florida, this information is typically reported to their home state under the provisions of the IDLC. The home state, upon receiving this report, may then take action based on its own laws regarding DUI offenses. This often includes measures like suspending the driver’s license, even though the offense occurred in Florida.

The impact of this can be significant for out-of-state drivers. The DUI conviction in Florida can lead to the same, if not more severe, penalties as if the offense had occurred in their home state. This includes not only license suspension but also potential increases in insurance rates, fines, and the requirement to attend DUI programs or community service according to their state’s regulations.

Moreover, the record of a DUI conviction in Florida will be reflected in the driver’s history, potentially affecting future background checks, employment opportunities, and insurance premiums. This emphasizes the importance for out-of-state drivers to take DUI charges in Florida seriously and consider the broader implications on their driving privileges and legal standing in their home state.

Challenge Your Charge With Katz & Phillips: Your Sanford, Langwood, and Tavares Out-Of-State Dui Law Firm

Facing out-of-state DUI charges can present a particularly difficult situation for any driver. What do you do if you need to leave Florida to go back home? Do the charges mean you are prevented from leaving the state? Fortunately, the answer is “no.” When you work with Katz & Phillips, your DUI attorney can represent you at both your DMV hearing and in criminal court without your presence being necessary.

So, if you are a non-Florida resident, but find yourself facing DUI charges in Lake or Seminole County, don’t hesitate another moment. Call the DUI legal team at Katz & Phillips, P.A. today to learn more about how we can help you–no matter where you live or work.

If you’re facing out-of-state DUI charges in Florida, navigating the legal system can be daunting and complex. That’s where Katz & Phillips can assist. We specialize in managing DUI cases for non-residents and understand the intricacies of Florida’s DUI laws and how they intersect with other states’ regulations. By contacting our office, you can schedule a complimentary consultation with one of our experienced DUI attorneys. During this consultation, we will provide you with a clear understanding of your legal options and how we can support you in addressing your charges. Let us help you through this challenging time with our expertise and dedicated legal support. Reach out to Katz & Phillips today to take the first step towards resolving your out-of-state DUI charges effectively.

Each and every law enforcement agency in the State of Florida has Standard Operating Procedures.  Knowing these procedures can help a DUI Defense Attorney find defenses in your case.  For instance, law enforcement officers are not required under the Constitution to create evidence, such as videotaping all DUI arrests.  However, if the agency the officer works for has a mandatory videotaping policy for all DUI investigations and the officer fails to follow his agencies policy the Defendant in a criminal case could file a Motion to Dismiss under the right circumstances and the failure to follow the mandatory videotaping policy might be considered a due process violation, resulting in a dismissal of the case or Suppression of all evidence which should have been video-taped.

The Orange County Sheriff’s Office has published their DUI Traffic Enforcement Procedures.  If the officer who arrested you did not follow these procedures it is possible that a defense can be argued from this alone, depending on the violation.

At Katz & Phillips, P.A. we have (or know how to get) the procedures that each department is supposed to follow.  Speak with our Expert DUI Defense Attorneys today and let us review your arrest report and videos to ensure the officers followed the proper procedures mandated by their department.  An example of Standard Operating Procedures for DUI Traffic Enforcement follows.

Orange County Sheriff’s Office DUI Traffic Enforcement Procedures

This order consists of the following:

1. Purpose
2. Policy
3. Definitions
4. Procedures

1. Purpose

The purpose of this policy is to discourage people from driving while impaired through

enforcement action.

2. Policy

The agency shall vigorously enforce all DUI laws.

3. Definitions

316. DUI – driving under the influence as defined by FS 316.193 (1)(a)(b)(c).

1. DUI Uniform Traffic Citation – a citation issued only for DUI arrests when the driver’s

BRAC or BAC is .0.08 or higher or when the driver refuses to submit to a blood, breath,

or urine test.

1. Presumption of Impairment – a person under the influence of alcoholic beverages,

encompassing anyone with a blood-alcohol content of 0.08g/100ml or a breath-alcohol

content of .08g/210L or higher, any chemical substance defined in FS 877.111, or any

controlled substance under FS 893 to the extent normal faculties are impaired.

1. Uniform Traffic Citation(UTC) – standard traffic summons issued for traffic offenses.

1. Unlawful Blood Alcohol Content(BAC) – a BAC of 0.08g/100ml or higher is presumptive

proof of impairment and prima facie evidence that the person was under the influence

of alcoholic beverages to the extent that his or her normal faculties were impaired.

1. Unlawful Breath Alcohol Content(BRAC) – a BRAC of .08g/210L or higher is

presumptive proof of impairment and prima facie evidence that the person was under

the influence of alcoholic beverages to the extent that his or her normal faculties were

impaired.

4. Procedures
5. Detection Phase

The following circumstances may identify an impaired driver:

1. A traffic violation committed by the operator.
2. Specific behavior or driving pattern that indicates a high probability that the

operator may be impaired.

3. Locating an occupied vehicle based upon a description from a citizen complaint.

4. The vehicle and/or occupants are suspects in any criminal act.

1. Apprehension Phase

When reasonable suspicion has been established, deputies shall initiate traffic stops in accordance with GO 6.1.6. Deputies shall be alert for any signs of impairment that may be seen after the traffic stop is initiated. The following procedures will be followed:

1. When approaching vehicles, deputies should observe the vehicle interior for

evidence such as open alcoholic beverage containers or drug paraphernalia.

2. Deputies shall request the driver’s license, vehicle registration and insurance

card. Deputies shall be alert for the ability of the violator to comply with requests

as well as any odor of alcoholic beverages or drugs.

3. Deputies shall be alert for signs of impairment which include, but are not limited to:
4. Bloodshot, glassy, watery eyes
5. Driver’s balance while standing
6. Speech and thought process
7. Demeanor
8. General appearance

4. Deputies shall advise the violator of the specific reason for the stop. Deputies

may inquire, at roadside, if the suspect has been drinking and if so, how much,

where and how long ago, without reading the Miranda warning.

1. Investigative Phase

1. During the detection and apprehension phases, when deputies suspect that the

driver is impaired, deputies shall request the violator perform roadside Field

Sobriety Tests (FST). If the violator agrees, deputies shall have the violator

perform the following National Highway Traffic Safety Administration (NHTSA)

Standardized Field Sobriety Tests:

1. Horizontal Gaze Nystagmus (if trained)
2. Walk and Turn
3. One-Leg Stand

2. Alternate tests that may be used are:
3. Finger to Nose Test
4. Rhomberg (Alphabet or Number Count)

1. After Field Sobriety Tests are completed and probable cause exists, deputies shall affect the arrest.

1. If the violator refuses to take the roadside sobriety test, and probable cause exists, he/she shall be arrested and transported to a breath testing facility for processing and video recording conducted in accordance with SO 20.0. Deputies shall advise the defendant that their refusal may be used as evidence against them in any criminal or civil proceeding.

1. Arrest Phase

1. Deputies who effect an arrest for violation of FS 316.193 shall adhere to the provisions of FS 322.2615 relating to the seizure and suspension of driver’s license.

1. When violators are arrested, the following procedures will be followed:

1. The violator shall be handcuffed immediately upon arrest, and then searched.

1. Deputies shall notify the dispatcher of the arrest and shall note the time of the       arrest. The time given by the dispatcher will be the official time of arrest.

1. The violator’s vehicle will be towed for safekeeping by the appropriate contract wrecker service, except in the following circumstances:

1. There is a responsible, sober licensed driver in the vehicle to whom the suspect wants the vehicle released to. This will only apply if the suspect is the registered owner and the passenger has a valid driver’s license in their possession.

2.   The owner of the vehicle is sober and present at the scene.

3.   The arrest is made at the owner’s residence.

4. The vehicle is lawfully parked and the operator agrees to not have the vehicle   towed.

1. The arresting deputy shall transport the suspect to the DUI Testing Center.

20. Breath testing and video recording will be conducted in accordance with SO 20.0.

1. DUI Processing Phase

1. Violators who are suicidal, violent or combative will not be brought into the DUI Center for processing. Deputies shall activate their BWC, if available, and read the Implied Consent Warning form to the violator. The deputy shall advise the violator if they continue to be violent or combative their actions will be considered a refusal.

2. The violator shall remain handcuffed at all times while at the Testing Center, except for administrative purposes or necessary restroom use if deemed safe by the deputy.

3. The arresting deputy shall be responsible for all citations, Arrest Affidavits, Vehicle Impoundment forms, Refusal forms (if necessary) and Recovery of Investigative Costs forms.

4. The DUI technician shall be responsible for the video processing, the breath testing and associated forms and for completing the operator’s section on the Alcohol Influence Report.

5. Violators do not have a right to call or meet with an attorney prior to the breath test.
6. When violators request an independent blood test in addition to the administration of a breath test, the guidelines set forth in SO 20.0 will be followed.

7. A deputy shall not interfere with the violator’s opportunity to obtain an independent blood test at his/her own expense, if requested. Guidelines established by the DUI Testing Center will be followed and the deputy’s only obligation is to provide the defendant with timely telephone access.

8. Violators shall not be detained longer than necessary at the DUI Testing Center. Violators shall not remain at the DUI Testing Center longer than three (3) hours. At the end of three (3) hours the arresting officer/deputy shall remove the violator from the DUI Testing Center and transport the violator to BRC for processing and to finish his/her paperwork. The three-hour time limit begins at the time the officer/deputy signs into the Testing Center. It will be the responsibility of the on-duty DUI Technician shift supervisor, to verify that the time limit rule is followed.

9. Deputies shall not give any legal advice to the violator. In the case of a test refusal, the deputy shall read the Implied Consent Warning form.

1. Video Procedures

Technicians and arresting deputies shall refrain from soliciting incriminating statements from the violator. However, they are not to repress the violator’s spontaneity. The following procedures will apply when processing DUI offenders:

1. The video procedure will include the deputy reading the implied consent warning to the violator on camera in the testing room. The DUI technician shall cue the deputy when the video begins.

2.   Once videotaping has begun, it should not be stopped or interrupted until the implied consent warning and breath test or refusals are completed.

3.   The violator shall be addressed by his/her proper name and will be afforded patience and courtesy. The arresting deputy and DUI technician shall avoid debating or arguing with the violator.

1. DUI Arrest Forms

A DUI Uniform Traffic Citation will be used for refusal or unlawful BRAC/BAC (.08g or greater) cases. In all other cases, a standard UTC will be used. When deputies seize and suspend the driver license of a suspect, the following procedure will apply:

1. The envelope from the DUI Center will be used to package the arrest papers that will be forwarded to the DHSMV/BAR Office.

1. The following copies of forms will be enclosed in the envelope:

1. Blue copy of DUI UTC or a copy of an electronic citation.
2. Agency/Officer copy of Arrest Affidavit.
3. Breath Alcohol Test Affidavit or copy of Refusal.
4. Defendant’s driver’s license.
5. Supplemental Report and Jurat, if applicable.

1. When all the above listed copies are placed into the DUI envelope and sealed, the arresting deputy shall fill out the information on the face of the envelope and leave the package at the DUI Center.

1. Copy machines are available for the arresting deputy to make copies of the Arrest Affidavits.

1. All other copies of forms are routed according to agency directives.

1. When sufficient sample results of the breath tests are less than .08g/210L, the   violator’s license will not be seized for suspension.

1. When the results of the breath test are less than .08g/210L the arresting

deputy may request the violator to give a urine sample after reading the violator the appropriate implied consent warning. The sample, if given, will be sent to the FDLE lab for drug toxicology testing.

1. FS 322.2615 provides for the seizure and suspension by the arresting deputy of the driver’s license of persons charged with DUI, FS 316.193, under certain circumstances. The seizure and suspension by the arresting deputy may be conducted under the following circumstances:

1. When the results of the breath test indicates an unlawful breath alcohol level of .08g/210L or greater.

1. The defendant refuses to submit to a blood, breath, or urine test.

1. Transfer of Probable Cause, DUI Arrests

1. Occasionally a deputy may have the need to transfer probable cause for a DUI arrest to another law enforcement officer. In these instances, the following procedures will be adhered to when a deputy requests another law enforcement officer to respond to assist with a suspected impaired driver:
2.   Prior to calling another deputy, the requesting deputy shall make every attempt to stop suspected violators. Deputies shall determine that the driver may be impaired prior to calling another deputy.
3.   The stopping deputy shall not give the violator any type of Field Sobriety Test. If any sobriety tests are administered prior to the arrival of the second deputy, the case cannot be transferred.
4.     Upon the arrival of the second deputy, the stopping deputy shall advise of the details of the stop and request Field Sobriety Tests be administered. The stopping deputy must remain present and witness the violator performing the tests.
5.   At the conclusion of the Field Sobriety Tests, the stopping deputy shall advise whether probable cause exists to arrest the violator. This determination will be based on the violator’s driving pattern, physical appearance and performance during the Field Sobriety Tests. If the stopping deputy has probable cause, the second deputy shall arrest the violator.
6.   If the second deputy cannot reach the requesting deputy within a reasonable time, the requesting deputy shall handle the DUI arrest.

1. Prior to leaving the scene of the traffic stop, the stopping deputy must accomplish the following:

1. Complete witness statement or a narrative page of an Arrest Affidavit

explaining the reason(s) for the stop.

1.   The stopping deputy may issue a UTC to the violator for the original

infraction he/she observed.

1.     The second deputy shall verify the stopping deputy is listed as a

witness on the Arrest Affidavit.

3.   When a second deputy is not available, the stopping deputy may request

assistance from the Florida Highway Patrol or a municipal agency should the

stop occur within their jurisdiction. If no one is available to assist, the deputy

shall continue with the process.

4.   Under no circumstances shall any deputy of the agency permit an impaired

driver to continue to operate a vehicle.

1. Administrative Proceedings

1.   An integral part of the judicial process for DUI cases involves the Driver’s License Administrative Hearing. This hearing is conducted by the Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Reviews (BAR). There is a separate subpoena process for the Driver’s License Administration Hearings. Witness subpoenas and hearing notices may be issued by the BAR on behalf of the defendant. Hearing notices may be sent via email or the mail and will have the same authority as any subpoena.

2. The Administrative Rules governing Driver’s License Hearings (FS 92.142) require witness fees be paid prior to the testimony of the witness. In some cases the witness fees do not accompany witness subpoenas or hearing notices. In these situations, agency personnel shall provide the necessary testimony and not refuse to testify. Discrepancies regarding the witness fee will be handled in accordance with agency policy and will be immediately reported to the first line supervisor. The supervisor shall forward notice of these discrepancies to the Driver’s License Office.

1. All subpoenas accepted by members of the agency for personnel who testify at Driver’s License suspension hearings must have an original stamp in red ink as applied by the Driver’s License Office. Subpoenas for Driver’s License Hearings not bearing the original red seal will not be accepted by this agency or agency members.

4.   Subpoenas will be accepted and processed in accordance with written directives.

1. Temporary Detention Training

Personnel charged with monitoring temporarily detained individuals in the DUI Testing Center facility are provided initial training on the use of the temporary detention area(s) and retraining at least once every three years.

When you think of being stopped on suspicion of driving while intoxicated, the common image that comes to mind is a police officer administering a breathalyzer test to measure your blood alcohol concentration (BAC). This scenario, however, doesn’t always hold true in every case. In certain situations, especially where factual circumstances dictate a different approach, alternative methods such as an Orlando DUI blood test or urine test may be employed. These methods are used based on specific situational needs, such as when a breathalyzer is not available or if the officer suspects drug use which cannot be detected by a breathalyzer.

Although blood test results are generally considered to be more accurate than breathalyzer tests, they are not infallible. There are various grounds on which the reliability of these tests can be challenged in court. Factors such as the method of collection, storage of the blood sample, the possibility of contamination, and the qualifications of the person administering the test can all be questioned. Furthermore, the timing of the test in relation to when you were driving is also crucial, as BAC levels can fluctuate over time.

If You Are Challenging Blood Tests, Hire an Orlando DUI Attorney

Given these complexities, it’s crucial to have the expertise of a knowledgeable DUI attorney on your side. The legal team at Katz & Phillips, P.A. is well-versed in scrutinizing and challenging the results of blood and urine tests in DUI cases. They understand the technicalities and legal nuances involved in handling such evidence and can deploy strategies to question its validity effectively. Their experience in dealing with DUI cases means they are adept at navigating the intricacies of BAC testing and can provide invaluable assistance in ensuring that your rights are protected throughout the legal process.

While blood and urine tests are alternative methods to a breathalyzer in determining BAC, their results are not beyond dispute. Having a seasoned DUI attorney like those at Katz & Phillips, P.A. becomes indispensable in effectively challenging such evidence and advocating for your best interests in your DUI case.

While failing a blood test may seem like the final nail in a DUI case, skilled DUI lawyers can take the evidence and fight against it.  Evidence can be challenged in many situations, so you should not rule anything out.   For example, if the personnel administering the test was not given proper training, the test results can be thrown up for debate.  Other errors that could be questionable include:

Defending Against DUI Blood Test Evidence

In many DUI cases, there may be grounds for your Katz & Phillips, P.A. DUI defense attorney to challenge the legitimacy or accuracy of the results of your blood test in Orlando. Many technicians and medical personnel may have access to blood samples and test results, which can increase the chances of the blood sample being improperly handled, tests improperly run, and samples inadvertently tainted by other foreign substances. Those individuals who handle blood samples must be properly trained and certified in the state of Florida, and expert testimony is typically necessary in order to introduce Orlando DUI blood test results in court. Therefore, there are a number of bases upon which your attorney may be able to discredit or even have the blood test results thrown out of your DUI case, depending on the facts surrounding your case.

Using Orlando DUI Blood Tests as Evidence

When an individual is suspected of driving under the influence of alcohol or drugs, there are a variety of circumstances under which law enforcement officers will request that the individual undergo a blood test in Orlando. For instance, a police officer might seek a warrant ordering a driver to give a blood sample to test for the presence of alcohol or drugs in the following situations:

• The driver has been involved in an accident.
• The driver is hospitalized following an accident and is unable to submit to a breathalyzer or other form of BAC testing.
• The driver has refused to take a breathalyzer or breath test when suspected of DUI.
• The driver’s BAC measures under the legal limit, but the police officer suspects that the driver may be under the influence of drugs.

While blood tests may not be the most commonly used type of test to measure a driver’s BAC, it certainly is an option that is used by law enforcement authorities in certain situations where a breathalyzer is impossible, impractical, or does not yield results that are consistent with an officer’s observations. Furthermore, Orlando DUI blood test results are typically more accurate than other BAC tests, so their results can constitute strong evidence of a driver’s impairment.

DUI Lawyer in Orlando Challenging Blood Tests

Law enforcement uses several different tests to measure a person’s blood alcohol concentration (BAC).  Two of the most common tests used are field sobriety and breath tests.  However, one test that outranks all others in accuracy is the blood test.

According to Florida Statute 316.1932, if you get behind the wheel of your car, you automatically assume consent for a blood test.  Refusal of this could result in a one-year driver’s license suspension and an 18-month suspension for any previous refusals on your record.

Blood Sample Was Tainted by Chemicals Used to Clean the Arm

• Blood kit was not properly stored (past expiration, improper temperature, etc.)
• Blood vial containers were not preserved carefully – possibly improperly labeled
• Blood was not drawn at a reasonable time following the arrest

Blood tests are significantly more accurate than breath tests, but you should know that they are not perfect.  Tests of any kind can be subject to human error, resulting in the harsh penalties for a criminal conviction to an undeserving individual.

Defend Your Rights Now – Contact an Orlando Blood Test Law Firm

Your future is important, and you deserve the right to fight for it every chance you get.  At Katz & Phillips, P.A., we are devoted to addressing every nuance and every little detail to ensure that you are given a fair fight.  Put your trust in a team of lawyers who are dedicated to the case every step of the way!

For legal aid in challenging a blood test, contact an Orlando DUI attorney at our firm today!

While driving under the influence is typically classified as a misdemeanor offense, certain circumstances can escalate it to a felony DUI. These circumstances might include having multiple DUI offenses, causing an accident resulting in injury or death, or driving with a minor in the vehicle. Regardless of whether you’re facing a misdemeanor or a felony DUI charge, the seriousness of the situation cannot be overstated. Your driving privileges, personal reputation, employment prospects, and even freedom are potentially at risk.

How Will an Orlando Defense Against Felony DUI Charges Attorney Help Me?

Confronted with felony DUI charges, your immediate action should be to consult an aggressive and experienced Orlando DUI lawyer. A trusted legal expert in this field is not just an asset but a necessity. You need a lawyer who understands the complexities of DUI law and is prepared to mount a vigorous defense on your behalf. They can explore every legal avenue, from examining the validity of the DUI stop to challenging the evidence presented against you. The goal is not just to avoid a felony conviction and the ensuing legal penalties but also to safeguard your future prospects and reputation. Remember, the right legal advice and representation can make a significant difference in the outcome of your case.

Florida Felony DUI Laws and Penalties

An individual may be charged with felony DUI if any of the following are true:

• He or she was found driving with a blood alcohol concentration above .20%.
• He or she caused a fatal accident.
• He or she caused an accident that resulted in serious injury.
• He or she has multiple DUI offenses on his or her driving record.
• He or she was driving with a minor in the car.

The penalties for any felony DUI are severe.  If you are convicted of the charges, you could be sentenced to imprisonment, pay large fines, serve probation or community service, have your license suspended or revoked, or have an ignition interlock device installed on your vehicle.

In addition, you could also face criminal charges, like vehicular homicide, if you caused a fatal car accident due to driving under the influence.

Potential Defenses Against Felony DUI Charges

In defending against felony DUI charges in Orlando, several strategies can be employed, depending on the specifics of each case. These defenses are often crucial in either reducing the severity of the charges or, in some cases, leading to an acquittal:

• Challenging the Accuracy of Sobriety Tests: Your defense can question the reliability of field sobriety tests and breathalyzers. Factors like improper calibration of equipment or the officer’s lack of training in administering the tests can be crucial points.
• Illegal Traffic Stop Defense: If the initial traffic stop was not conducted lawfully, any evidence gathered during that stop may be inadmissible. Your attorney can argue that there was no probable cause for the stop, which can significantly impact the case.
• Procedural Defenses: This involves scrutinizing the arrest process and handling of evidence. Any procedural errors, such as failing to read Miranda rights or mishandling blood alcohol content (BAC) samples, can be grounds for defense.
• Medical and Health-Related Defenses: Certain medical conditions can affect the results of a BAC test. For example, conditions like diabetes or diets like the keto diet can sometimes produce false positives in breathalyzer tests.

Impact of Felony DUI on Your Life

A felony DUI conviction in Orlando carries consequences that extend far beyond legal penalties:

• Employment Challenges: A felony conviction can hinder job prospects. Employers often conduct background checks and may be hesitant to hire someone with a felony DUI on their record.
• Social and Personal Implications: Beyond legal ramifications, a felony DUI can affect personal relationships and social standing. The stigma associated with such a conviction can lead to strained family dynamics and social isolation.
• Mitigating the Impact: To mitigate these impacts, consider engaging in rehabilitation programs and community service. Demonstrating a commitment to change and responsibility can help in both legal proceedings and personal rehabilitation.

The Role of Expert Witnesses in Felony DUI Cases

Expert witnesses play a crucial role in the defense against felony DUI charges:

• Forensic Toxicologists: They can provide critical insights into the accuracy of BAC tests. Their expertise can help in challenging the prosecution’s evidence regarding your intoxication level.
• Accident Reconstruction Specialists: If the DUI charge involves an accident, these experts can help in reconstructing the incident to provide a clearer picture of what happened and possibly counter the argument that your alleged intoxication was the primary cause.
• Medical Experts: They can testify about any medical conditions you may have that could have influenced the DUI test results or your driving ability at the time of the incident.

Employing expert witnesses can strengthen your defense by providing specialized knowledge and challenging the prosecution’s narrative.

Our Orlando Defense Against Felony DUI Charges Law Firm Is Here to Help

The legal team at Katz & Phillips, P.A. understands the seriousness of the charges you are facing and we are dedicated to resolving your case successfully.  Our attorneys have years of experience in criminal law and are more than capable of providing you with the aggressive, unrelenting defense that you deserve.  Let us use our knowledge, skills, and resources to work on getting your charges reduced or dismissed!

Your future is too important – do not head to court unprotected and without the guidance of a skilled attorney. If you are facing felony DUI charges, contact an Orlando DUI attorney at Katz & Phillips, P.A. today!

Aggressive Defense With a Florida Multiple DUI Charges Attorney

Consuming a few drinks at a bar with friends may sound like a great idea but it can lead to some severe consequences if you are not careful.  One DUI conviction may not sound like a big deal, but having multiple DUI convictions on your record can be very detrimental to your future.  Prosecutors and judges will see to it that multiple DUI convicts are charged to the highest degree possible because they have a public reputation to uphold.  Consequences for a second, third or fourth-time conviction will be severe for everyone.

How a Florida Multiple DUI Charges Law Firm Can Help

Katz & Phillips, P.A. is a law firm based in Orlando, Florida, focussed on DUI defense.  Our team of lawyers are experienced and trained to aggressively fight your charges so you have a better future.  We take the time to investigate every detail of the case in order to prepare a solid and effective defense strategy to use against the prosecution.  By hiring one of our trained attorneys, we can assure you that we will try to negotiate a plea deal to get your charges reduced, try and appeal a previous DUI conviction, or take your case to trial and defend you against the prosecution’s accusations.

We May Be Able to Help You Avoid Such Penalties As:

• Up to 5 years in prison
• Up to $5,000 in fines
• Driver’s license suspension or revocation
• Mandatory DUI classes
• Probation
• Habitual traffic offender status (automatic 5 year license suspension)
• Many hours of community service
• Ignition interlock device installation
• Increased insurance premiums

We dedicate our time and efforts to our clients throughout every process of the case so that you receive the best possible outcome.

To learn more about our aggressive DUI defense services, please don’t hesitate to contact an Orlando DUI attorney at Katz & Phillips, P.A. today!

Accomplished Plant City DUI Attorneys

Most people mistakenly believe that it’s impossible to fight a DUI. That idea may be true without the help of an attorney skilled in the complex field of DUI defense. Only such an attorney will know what to look for in the facts and circumstances surrounding the arrest, from the initial police stop to the forensic evidence of chemical tests. At Katz & Phillips, P.A. you will find an attorney team that has focused on Florida DUI for many years. Our firm is led by former DUI prosecutors who know how the other side will create its case against you and by a Board Certified DUI Defender, one of only three such attorneys in the state. That advanced training and former prosecutor experience combined with our defense record and relentless approach to legal excellence means your case will be in reliable hands. Whatever can be done will be done to minimize the consequences of your DUI arrest in Plant City.

Drunk Driving Laws in Florida

Florida takes a hard approach to drunk and / or drugged driving due to the risk this behavior causes to public safety. According to MADD (Mothers Against Drunk Driving), 29 percent of all traffic fatalities in the state in 2012 were alcohol-related. Because of such statistics, Florida legislators and law enforcement have cracked down on DUI violations.

Drunk driving involves a blood alcohol concentration (BAC) of .08 percent or more. Like other states, Florida imposes many penalties on those who are convicted of any type of DUI, from first offenders to repeat offenders to those involved in DUI accidents, injuries, and fatalities. No matter what type of DUI or BUI (boating under the influence) you are facing, the consequences can range from jail terms to hefty fines, a license suspension, ignition interlock device, DUI school, probation, and an increase in your auto insurance.

For example, a first-offense DUI conviction in Plant City can result in:

• 180 days up to one year loss of your driver’s license
• No mandatory minimum but a possible jail time of up to six months (nine months in the case of a blood alcohol concentration of .15 percent or more)
• Fines ranging from $500 up to $1,000 with increased fines for those with a BAC of .15 percent or higher
• Community service requirements of up to 50 hours
• DUI school and/or substance abuse treatment

How Katz & Phillips, P.A. Can Serve as Your Plant City DUI Law Firm

Our experienced legal team handles all aspects of any DUI case, from challenging the administrative license suspension to building your defense case through an exhaustive investigation and examination of all possible defense tactics. We represent first offenders, repeat offenders, underage offenders, commercial license offenders, those who have refused to submit to a chemical test and those who have been involved in an accident with injuries, property damage, and fatalities. No matter how complex or difficult your case may seem to be, we can help. Your situation will be addressed with the utmost care and attention to detail from our highly knowledgeable and proven defense team.

Contact us for a free, no-obligation consultation about your DUI or BUI immediately following an arrest in Plant City. Prompt assistance is available any time of the night or day to get started.

Following a DUI arrest, you have only 10 days to request a formal review hearing regarding the suspension of your driver’s license. Most commonly referred to as a DMV hearing or DHSMV hearing, this is your chance to contest your license suspension and have your driver’s license reinstated. If you do not request your DMV hearing within 10 days of your arrest or receiving your notice of suspension, your driver’s license will be suspended – regardless of whether you are found guilty in criminal court.

An experienced DUI attorney, such as one the attorneys at Katz & Phillips, P.A., can help defend and preserve your rights during your DMV hearing. By scheduling and preparing for your hearing as a criminal court case, your attorney gathers important information and evidence to support your defense. This process is valuable in all phases of your defense, as the information gathered during this early preparation may be used to support your criminal defense as well as during your administrative license suspension hearing.

Working With a Sanford, Longwood, and Tavares DMV Hearing Attorney

Attorneys play a crucial role in DMV hearings, particularly in cases involving DUI-related license suspensions. Their expertise and strategies are pivotal in navigating the complexities of these hearings. Here’s how they assist:

• Evaluating Evidence: Attorneys meticulously review all the evidence presented in the DUI case, including police reports, breathalyzer results, and witness statements. They look for inconsistencies or procedural errors that could be used to challenge the suspension.
• Challenging Test Results: If the suspension is based on breath or blood test results, attorneys may question the accuracy and calibration of the testing equipment, the qualifications of the person who administered the test, and the procedure followed during testing.
• Probable Cause Examination: They scrutinize the officer’s probable cause for initiating the DUI stop. Any indication of an unlawful stop or lack of reasonable suspicion can be grounds to contest the license suspension.
• Presenting Alternative Explanations: In some cases, attorneys may present alternative explanations for the behavior or symptoms that led to the DUI charge, such as medical conditions or environmental factors.

What is a DMV Hearing?

A DMV hearing is held in the event of a DUI arrest in which the defendant took a breath or blood test and failed, or refused the testing altogether. A formal review hearing concerning a failed breath test will be set to determine:

• Whether the officer had probable cause to suspect you of driving under the influence
• Whether you had a blood alcohol concentration above the legal limit
  A formal review hearing concerning a refused breath test will be held to determine:

• Whether the officer had probable cause to believe you were driving under the influence
• Whether you actually refused breath or blood testing
• Whether you were informed of the consequences of refusing to undergo breath or blood testing

Immediate Steps Post-DUI Arrest

Preparing for a DMV hearing after a DUI arrest is critical for protecting one’s driving privileges. Here’s a comprehensive guide on how individuals can prepare for their DMV hearing:

• Request the Hearing: Remember, in many states, including Florida, there’s a limited time frame (often 10 days) post-arrest to request a DMV hearing. Failing to do so can result in an automatic license suspension.
• Document the Incident: Write down everything about the DUI stop and arrest while it’s fresh in your memory. Include details like the time of the stop, what you were doing prior, the officer’s behavior, and any statements made.
• Gather Evidence: Collect any evidence that could be relevant, such as receipts, photographs, or witness contact information that can support your account of the events.

Common Defense Tactics in DMV Hearings

In DMV hearings, particularly for DUI cases, several defense tactics are employed by attorneys to influence the outcome favorably. Challenging the legality of the initial traffic stop is a common strategy, arguing that the stop lacked probable cause, which can lead to the dismissal of evidence obtained during the stop. Defense lawyers may also question the accuracy and administration of field sobriety and breathalyzer tests, highlighting issues such as improper calibration, operator qualifications, and testing procedures. Medical conditions that might mimic DUI symptoms or affect test results are often presented to challenge the basis of the charge. Additionally, attorneys scrutinize the arrest process, focusing on any procedural missteps or failure to follow proper Miranda rights, which could result in the suppression of evidence. The chain of custody for chemical tests is another area of contention, as any errors can cast doubt on the sample’s integrity. Defense tactics also include contesting the officer’s subjective observations, addressing inaccuracies in representing prior offenses, and highlighting the defendant’s reliable driving history. When combined, these strategies can significantly weaken the prosecution’s case and lead to more favorable outcomes in DMV hearings for DUI charges.

We Are the Right Sanford, Longwood and Tavares DMV Hearing Law Firm for Your Case

A Katz & Phillips DUI lawyer can work to challenge all aspects of your DMV hearing in order to help you keep your driver’s license. We recognize the importance of these hearings and know that handling it properly and professionally provides a sturdy foundation for both the hearing and the criminal case. Whether you are in Lake County, Seminole County, Orange County, or Osceola County, we have committed staff ready to serve you.

If you would like to learn more about how we at Katz & Phillips can help defend your rights during both the civil and criminal procedures of a DUI case, we encourage you to contact us as soon as possible. We are ready to defend you!

Contact Katz & Phillips, P.A today for a consultation regarding your DMV hearing.