Can I Fight and Win against DUI Charges?

DUI, driving under the influence, is a charge that is taken very seriously. If convicted of DUI you may face a variety of penalties including fines, driver’s license suspension, and possible jail time. It’s important to remember that these penalties won’t apply until and unless you’re convicted of DUI. You can fight DUI charges and protect yourself against some of the harsh punishments that could occur. An experienced DUI attorney will defend you against any charges and assist you in resolving your case as positively as possible. There are a few things to keep in mind if you’ve been arrested and charged with DUI. Every DUI case is different; however, you can fight against the charges in order to get the best possible outcome.

First Hearing

The first hearing after your arrest is also called an arraignment. This is the first time a judge will provide you with the exact charges against you and set your bail. It is essential to have your lawyer represent you in this hearing. Your attorney will review the details of your case and will work to get the charges lowered or dropped. Often, there are other traffic charges in your case as well as DUI. Not all of these charges may be applicable. If your DUI stop and arrest were not properly executed by law enforcement there may not be enough evidence to prosecute you on all of the charges. An experienced DUI lawyer will immediately work to try to eliminate some of these charges if possible.

Driver’s License Suspension

Upon being charged with DUI the police will take your driver’s license. If convicted you may receive a suspension of your license or, in extreme cases, your license could be revoked. In the interim, you will be unable to drive. What you will need to do is request a hearing with the Florida Department of Highway Safety and Motor Vehicles. This hearing must be requested within ten days of your arrest. The hearing will determine whether you can keep your driving privileges until your DUI case is resolved in court. Here are some things to remember:

  • You must request a DMV hearing within 10 days of your arrest
  • Your attorney can request the hearing and represent you at it
  • The DMV hearing is a separate process from criminal charges
  • A hearing can help you keep your license on a temporary basis

Fighting DUI Charges

A court date will be set for your criminal charges of DUI. The case will be held in front of a judge. At this time your lawyer will represent you and present your case in court. It is important to get your attorney involved in your case as early as possible. Your lawyer will take the time to review all aspects of your case including review of the traffic stop and analysis of the breathalyzer test. There often times where the charges were brought erroneously or where the results of the breath test were not properly examined. Your lawyer will work hard to protect your rights and will present your case in court to get the most favorable result.