Articles
DUI & DWI
GAINESVILLE DUI ATTORNEY
If you have been accused of driving while under the influence (DUI) it is critical to take the matter seriously. A conviction can have a serious impact on your life. It can affect your job, your insurance rates, security clearance, driver's license and your criminal record. That’s why it is critical to work with an experienced and knowledgeable DUI defense attorney.
DUI DEFENSE LAW FIRM
At DeThomasis & Buchanan we handle DUI cases based on a team approach, working together to build strong and effective defenses for our clients. Together, we address all aspects of the legal problem from the initial traffic stop to the collection of blood and breath test evidence. Whether the case ultimately proceeds to trial, is resolved through pre-trial motions to dismiss and/or exclude evidence, or through a reduced negotiated plea or diversion into the DUI deferred prosecution program, our firm has the experience to attain the best resolution for our clients.
Each of the attorneys at our firm have greater than 25 years defending DUI cases. Our complete focus is on defending you against DUI charges and protecting your freedom and driver’s license. Whether the DUI charge is a first offense, repeat offense, or involves accident, injury, or death, our firm is prepared to defend you.
In addition to the criminal law violation alleged in a DUI charge, an administrative action is also initiated through the Department of Motor Vehicles Division of Drivers Licenses. It is most important that you address this administrative action immediately as Florida law only gives you 10 days from arrest to demand an administrative hearing to contest the suspension of your driving privileges.
This administrative action proceeds independently of the criminal court case and the outcome has no bearing on the criminal court case.
At DeThomasis & Buchanan we are prepared to provide effective representation through the administrative process as well as the criminal court proceedings. When we defend you against a DUI charge, we represent your interests in all aspects of the case, including the administrative hearings to protect your driver’s license.
Administrative driver’s license suspensions occur two ways in a DUI case:
- Refusing to take a breath, blood, or urine test: suspensions for refusal are 12 months for a first refusal and 18 months for a second or subsequent refusal.
- Having an unlawful breath/blood alcohol level: license suspension for having an unlawful blood alcohol level is six months the first time and 12 months for the second or subsequent time.
The uniform traffic citation you receive operates as a 10-day driving permit as long as you had a valid driver’s license at the time of arrest.
Hardship Driving Availability
If a formal review is requested regarding the suspension of your driver’s license, the DMV will allow driving on a limited basis until it has made a decision to either allow the suspension to stand as lawful or set aside the suspension. The DMV will forward the temporary permit to you through your lawyer upon request.
It is critical to act quickly to request a review. If you do not request a formal review within the 10 days after arrest, the suspension begins on the 11th day and you forfeit your ability to contest the suspension.
If, after the formal review hearing, the DMV determines that the police have not provided enough information to support the suspension, you will receive a new valid license. The suspension is then taken off of your driving record.
Contact a Gainesville DUI Lawyer at DeThomasis & Buchanan for an experienced, knowledgeable, and effective defense.
