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DUI Faq’s

There are many fundamental issues common to all DUI prosecutions. Fort Pierce Board Certified Criminal Trial Lawyer Jay Kirschner knows that those citizens afflicted with a DUI charge seek instantaneous answers to many of these questions, as well as to quickly and completely amass a solid core understanding both of the procedural and substantive questions relating to Treasure Coast DUI prosecutions. The law office of Jonathan Jay Kirschner, Esq., & Associates, LLC has listed a few of these important and fundamental queries and responses for the discriminating consumer to readily access below:

What constitutes driving under the influence?

Driving under the influence (DUI) means operating, or being in actual physical control of a motor vehicle after having consumed alcohol or drugs that impair an individual’s mental or motor skills. In the state of Florida, a driver will be considered ‘impaired’ if they exhibit objective signs of intoxication, or if they have a blood alcohol content (BAC) of .08 or higher.

The officer took my license but said I could drive with the yellow citation Is it true?

The yellow citation issued for your DUI does act as your license, but only for 10 days. If you are caught driving after the tenth day, or during any license suspension period, it will be treated as a new offense, “driving while license suspended,” and you will face greater consequences than the original DUI. DO NOT drive beyond the 10th day unless your attorney has obtained temporary privileges for you through the Department of Highway Safety & Motor Vehicles. Take advantage of this limited time period and make sure you have contacted your Treasure Coast DUI attorney.

I bonded out, now what?

To maintain your ability to drive after a DUI arrest in Fort Pierce, Martin County, Saint Lucie County, Indian River County, or Okeechobee County, Florida, you must request an administrative hearing within ten (10) days after your license was taken by the arresting officer. As mentioned earlier, there are separate administrative consequences apart from the criminal penalties. If a driver refused to be tested and does not request an administrative review hearing within ten (10) days of arrest, their license to drive will be suspended for a minimum of one (1) year. If the test was taken, a suspension of six (6) months will occur if a hearing is not requested. This is a very confusing process, and you should contact us for a free consultation. We will take the time necessary to make sure you completely understand the process and all of your options.

How long will the DUI remain on my driving record?

It will remain on both the Department of Highway Safety & Motor Vehicles and Criminal Court records forever.

Will my case be dismissed if I was not read my rights?

Most people incorrectly believe that police officers always have to inform individuals of their Miranda rights, and if they do not, then the case has to be dismissed. There are instances when it is appropriate for law enforcement officers to not give the Miranda warnings, and statements made by an individual can be used against them. However, statements by the accused driver may be deemed ‘inadmissible,’ and cannot be used against the driver if it involves a situation in which the officer had to advise the driver of the Miranda warnings, or if the statements fall under what is known as “the accident report privilege.” You owe it to yourself to have your case reviewed by an experienced DUI attorney who will analyze the facts of your case, item by item.

When my license is suspended can I apply for a license in another state?

No. There are, however, times where you may be eligible for a hardship license so that you may drive to work and buy necessities.

Will I go to jail?

Some firms try and scare people into hiring them by telling them what the statutory maximum is, and how jail is possible. Realistically, for first time DUI offenses where there is no accident or property damage, the likelihood of jail is minimal, unless you lose at trial. On a second DUI within five years, there is a “mandatory minimum” sentence of ten days, which the court has to impose, but this could increase depending on the circumstances. On second offenses outside of five years, while there is no “mandatory minimum,” the courts on the Treasure Coast typically impose a jail sentence.

Do I need an attorney if I am guilty?

ABSOLUTELY. “Guilt” is a relative term, and the State/government still has the burden of proof to prove their case beyond, and to, the exclusion of every reasonable doubt. There are cases where, even if the driver recognizes they should not have been driving, the State may still have technical defects with their case that makes it impossible to prove their case beyond a reasonable doubt. And, even when the State appears to have a good case, you should have an aggressive, experienced DUI attorney doing “damage control” to make sure that you get the least punishment possible.

How much will it cost to hire an attorney?

To be honest, hiring a JJK Esq., & Associates, LLC attorney will cost you more than some other lawyers advertising DUI representation. We do not strive to be the cheapest, but rather work to be the best at defending our clients liberty, reputation, and livelihood. Jay Kirschner is Board Certified by the Florida Supreme Court as a Criminal Trial Speciaist, is a member of the elite National College for DUI Defense (NCDD) organization, as well as the National Association of Criminal Defense Lawyer (NACDL). His firm is rated ‘A’ by Martindale-Hubbell, the nation’s oldest and most respected lawyer referral and evaluation organization. He is intimately familiar with local Judges, Prosecutors, Law Enforcement, and even “custom”. Every case is different, so in order to be fair to yourself and to us, please contact us for your free consultation.