Driving under the influence (DUI) charges in Coral Gables come with severe consequences, both legally and personally. Many people facing DUI charges feel overwhelmed, unsure of their options, and worried about their future. A skilled Rossen Law Firm Coral Gables DUI attorney can provide the support and strategy to defend against these charges.
The following is a look at how a skilled DUI attorney can help you, the defense strategies they might employ in your case, and much more.
An Overview of DUI Charges
Before diving into how a Coral Gables DUI lawyer can help, it’s essential to understand what a DUI charge entails. Florida law defines DUI as operating a vehicle while impaired by alcohol, drugs, or a combination of both. Drivers 21 and older can’t operate a vehicle with a BAC (blood alcohol concentration) level of 0.08 percent or higher. If a driver’s BAC is over this limit, an officer can charge them with a DUI, even if they feel perfectly capable of driving.
However, DUI charges aren’t limited to alcohol. The use of illegal drugs, prescription medications, or even over-the-counter drugs that impair a person’s ability to drive can lead to DUI charges. The broad scope of what constitutes a DUI in Coral Gables means that many individuals may face these charges without realizing they were breaking the law.
Reasons to Choose a Rossen Law Coral Gables DUI Lawyer
Whether this is your first DUI arrest or you have multiple previous convictions, you’re going through a stressful, uncertain time. At Rossen Law Firm, we guarantee we’ll do all we can to achieve the best possible result in your case. These are just some reasons why you should turn to our firm.
- Your Rossen Law Firm Coral Gables DUI lawyer will carefully scrutinize all of the evidence against you and attack weaknesses in the prosecution’s arguments.
- You won’t find another attorney who will fight harder to seek justice. You’ll receive aggressive representation from a lawyer who will use every legal strategy available to help either reduce your penalties or convince the court to dismiss your case.
- Some law firms take a “one size fits all approach” to DUI cases. We refuse to do that at Rossen Law Firm. Your Coral Gables DUI attorney will tailor their strategy to the specifics of your case. We’ll also be available to answer your questions, address your concerns, and keep you informed every step of the way.
Please visit our office at 2600 S Douglas Rd., Suite 502B or call (786) 882-7043. We’re near the Douglas and Valencia Ave. intersection, next to the Coral Gables Counseling Center.
Immediate Consequences of a DUI Arrest
Individuals face many immediate consequences when arrested for a DUI in Coral Gables. These often include driver’s license suspension, which can happen before a court hearing. Florida law mandates an administrative suspension for drivers who refuse to take a breathalyzer test or who fail the test by registering a BAC of 0.08 percent or higher.
A Coral Gables DUI lawyer can help you understand your rights following an arrest and guide you through the process of potentially contesting the administrative suspension. This aspect of the case is time-sensitive because you only have ten days from the date of their arrest to request a formal review hearing.
The Ripple Effect of a DUI Conviction
A DUI conviction in Coral Gables can have long-lasting repercussions beyond legal penalties. You may face increased insurance premiums, difficulty finding employment, and a permanent criminal record. For those in certain professions, such as commercial drivers, a DUI conviction can spell the end of their career.
Understanding the full scope of these consequences is essential, and this is where a Coral Gables criminal defense lawyer becomes invaluable. They can explain a case’s potential outcomes and work to mitigate the effects of a conviction. By exploring all possible defenses and strategies, a lawyer can help protect your future.
Potential Defenses Against DUI Charges
One of the most critical roles a Coral Gables DUI lawyer plays is identifying potential defenses against the charges. Each case is unique, and a tailored defense strategy can significantly affect the outcome. Here are some of the defense strategies a lawyer might use:
Challenging the Traffic Stop
A DUI case often begins with a traffic stop. However, law enforcement must have a valid reason for pulling a driver over. The concept of “probable cause” is key here, meaning the officer must observe some form of traffic violation or behavior that suggests the driver may be impaired. If the officer lacked probable cause, the traffic stop might be deemed illegal.
The court can suppress any evidence illegally gathered during the stop, including breathalyzer results, can be suppressed. Suppressing evidence means that the prosecution can’t use it against you in court, which can lead to the dismissal of the charges. A Coral Gables DUI lawyer will scrutinize the circumstances of the stop to determine if it was legally justified, promptly addressing any rights violations.
Questioning the Accuracy of BAC Tests
While commonly used, breathalyzers aren’t infallible. Several factors can affect the accuracy of BAC (blood alcohol concentration) test results. For instance, the device’s maintenance and calibration are crucial; if the breathalyzer hasn’t been properly maintained or calibrated according to manufacturer specifications, its readings might be inaccurate. Additionally, the officer administering the test must have proper training.
Any lapse in the correct procedure can lead to faulty results. Also, certain medical conditions, such as acid reflux or diabetes, can lead to artificially high BAC readings. A skilled Coral Gables DUI lawyer can investigate whether the arresting officer maintained the breathalyzer and correctly administered the test. By doing so, your attorney can challenge the validity of the BAC results, which might be central to the prosecution’s case.
Examining the Field Sobriety Test
Officers often use field sobriety tests to assess a driver’s impairment at the scene. The arresting officer may have asked you to stand on one leg, follow an object with your eyes, or walk in a straight line. However, these tests are highly subjective. Various factors that have nothing to do with alcohol or drug impairment can influence them.
For example, poor road conditions, such as uneven pavement or gravel, can affect a driver’s ability to perform these tests. Similarly, a driver’s physical health – such as age, weight, or medical conditions – can also play a role. Even the anxiety of being pulled over can lead to poor performance on these tests.
A Coral Gables DUI lawyer can challenge the reliability of field sobriety tests by highlighting these factors and casting doubt on the officer’s assessment of your impairment.
Arguing for Suppression of Evidence
Proper procedure is paramount in DUI arrests. If law enforcement officers failed to follow the correct procedures, any evidence obtained during the arrest might be inadmissible in court.
For example, if the officer failed to read your Miranda rights, the court can exclude any statements you made during or after the arrest from evidence. Similarly, if there were issues with the chain of custody regarding blood or urine samples, the court can suppress those results.
Your Rossen Law attorney will examine every aspect of the arrest to identify any procedural errors that can lead to the suppression of key evidence. Suppressed evidence can significantly weaken the prosecution’s case, sometimes resulting in reduced charges or even a dismissal.
Exploring Alternative Explanations for Behavior
Sometimes, an officer might misinterpret a driver’s behavior as a sign of intoxication when, in reality, other factors are at play. Certain medical conditions, such as diabetes, hypoglycemia, or neurological disorders, can mimic the symptoms of intoxication. Hypoglycemia, for instance, can cause confusion, slurred speech, and poor coordination – symptoms that an officer might mistake for alcohol or drug impairment. Fatigue, stress, or even a reaction to medication can also lead to behavior that appears similar to intoxication.
A Coral Gables DUI lawyer can work with medical experts to provide alternative explanations for your behavior if applicable to your case. By presenting this evidence, the attorney might be able to create reasonable doubt about your alleged impairment, potentially leading to a dismissal or reduction of charges. This approach ensures the court doesn’t wrongfully convict you due to factors beyond your control.
The Importance of Local Knowledge
DUI laws vary from state to state, and understanding the nuances of Florida’s DUI laws is vital for a successful defense. Local lawyers are familiar with local judges’ tendencies, court procedures, and the typical strategies local prosecutors employ.
Plea Bargains
Not all DUI cases go to trial. Sometimes, accepting a plea bargain might be in the client’s best interest. A plea bargain involves pleading guilty to a lesser charge in exchange for reduced penalties. However, accepting a plea bargain isn’t a decision to take lightly.
A Coral Gables DUI lawyer can negotiate with the prosecution on your behalf. They can assess the strength of the prosecution’s case and advise on whether a plea bargain is the best option. If the prosecutor offers a plea bargain, your attorney will ensure the terms are fair and you fully understand the implications of accepting the deal.
The Benefits of Early Legal Intervention
When facing DUI charges, time is of the essence. Early legal intervention can make a substantial difference in the outcome of a case. A Coral Gables DUI attorney can begin gathering evidence, interviewing witnesses, and developing a defense strategy as soon as they take on a case.
By getting involved early, an attorney can also help you avoid common mistakes that might inadvertently harm your case. For instance, they guide you on handling interactions with law enforcement and tell you what to do if the prosecution contacts you. This proactive approach can prevent complications and improve your chances of a favorable outcome.
Mitigating the Consequences of a Conviction
A Coral Gables DUI lawyer can still provide significant assistance when a conviction seems inevitable. They can work to mitigate the consequences by advocating for reduced penalties, such as community service instead of jail time or participation in a DUI diversion program.
An attorney can also help with post-conviction matters, such as seeking a hardship license, which allows you to drive to work or school while your regular license is suspended. They can also explore options for sealing or expunging the conviction from your record, which can be vital for future employment opportunities.
Addressing Multiple DUI Offenses
The stakes are even higher if you face multiple DUI offenses. Florida law imposes increasingly severe penalties for repeat offenders, including longer license suspensions, higher fines, and mandatory jail time. A Coral Gables DUI lawyer can explore options for minimizing these penalties, such as challenging prior convictions or negotiating alternative sentencing options.
Preparing for Court: What to Expect
If your case goes to court, understanding what to expect can alleviate some of the stress associated with the process. A Coral Gables DUI attorney will guide you through each step of the court proceedings, from the arraignment to the trial.
During the arraignment, you’ll enter a plea of guilty, not guilty, or no contest. Your attorney will recommend the best course of action based on the specifics of the case. If the case proceeds to trial, your lawyer will prepare you for what to expect, including how to dress, behave in court, and respond to questioning.
Your attorney will cross-examine witnesses and challenge the prosecution’s evidence throughout the trial. Their goal is to create reasonable doubt in the jury’s minds, which can lead to an acquittal.
Life After a DUI: Moving Forward
For many people, a DUI charge represents one of the most challenging experiences of their life. However, it’s important to remember that life goes on after a DUI. A Coral Gables DUI lawyer can help clients rebuild their lives after their case ends. Whether addressing the practicalities of license reinstatement, dealing with insurance issues, or finding ways to move past the social stigma, an attorney can guide and support you.
Call a Coral Gables DUI Attorney Today
Whether securing an acquittal, negotiating a favorable plea bargain, or simply providing the reassurance needed to get through a difficult time, your Rossen Law Firm Coral Gables DUI lawyer will do everything we can to help. Schedule a free consultation by contacting us online or calling (786) 882-7043.