There are many factors that go into a DUI arrest and each case is very different, from the circumstances of the stop, probable cause, field sobriety testing, do you have a physical impairment affecting your results, did you blow and so on. Therefore, in all cases it is very important to contact an attorney as soon as possible for a consultation. Immediately after your arrest, it is good to start a journal of events that you remember for your attorney. In this journal you should include as much detail as you can about the circumstances of your stop, arrest, etc. This will help you to remember what happened so that you can provide as much detail as possible to your attorney.
The first matter in DUIs is to request your DHSMV hearing, F.S. 322.2615. Most drivers do not realize that the DUI actually triggers 2 cases, your DUI case and your DMV case. When you are arrested you are provided a temporary permit which is valid for 10 days. You have 10 days from your arrest to request your DHSMV administrative hearing. After that, you will lose the ability to fight for your license. Our office requests this hearing on behalf of our clients. In addition, the hearing allows us an opportunity to question the witnesses in your case to determine the strengths and weakness of the case against you.
The next step in the process is to investigate the case from start to finish. In this stage of the game we may include the services of a private investigator to go to the scene, video the setting at the time of the infraction, interview witnesses, etc. In addition, we will investigate the calibration and qualifications of the operator of the breathalyzer equipment if you blow. Our office will look at their procedures to ensure that they followed proper protocol in administering the tests appropriately. Once we have documented all of the facts we will then devise a case plan, file the appropriate motions if any and proceed with your case.
DUI defense can be very technical. Shelley Guy Reynolds invests in CLEs exclusively in DUI defense to ensure that we are current on all the newest defense strategies and technologies. A very helpful web site that explains the laws and sentencing clearly is the DMVs DUI Web site.
The information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for advice regarding your matter. We invite you to contact us and we welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.