Driving Under the Influence - DUI
It's also important to note that sentences can widely vary depending on many factors; including a prosecutor's commitment to the case, the judges (or jury's) own personal feelings and the attorney you choose to represent you.
Michael B. Cohen, Esq. is an experienced Fort Lauderdale DUI Defense Attorney.
To read more about his qualifications and get in touch with him RIGHT NOW, scroll to the bottom of this page.
If you are pulled over by law enforcement while operating a motor vehicle, the officer will usually judge your overall actions and reactions before making a determination if they believe your blood alcohol level may possibly be over the legal limit of 0.08 percent.
If they come to this opinion in the affirmative they will most likely ask you to take a breathalyzer test which will measure the percentage of alcohol in your blood.
If you refuse this request you are basically already breaking the law by breaching what is known as "implied consent" as it's clearly written on all Florida drivers licenses that the "Operator of a motor vehicle constitutes consent to any sobriety test required by law."
Violating "implied consent" may result in the suspension of your license for up to one year. A secondary offender who refuses to undergo a breathalyzer test may be charged with a misdemeanor. This refusal can result in jail time of up to a one year period.
While refusing a breathalyzer may be damaging to your specific case, refusing to answer questions will not be held against you. It is your right under the Miranda ruling to remain silent until you retain an attorney to stand in for your best interests.
Although DUI cases are not tried by juries in all fifty states, Florida does allow this option. But less than 10 percent of these types of cases ever go before a jury for trial.
Most cases are resolved through a plea deal between the prosecution and the defense attorney with the approval and consent of their client and the presiding judge.
Mr. Cohen has had great success handling numerous DUI cases. A review by a grateful client's mother can be found under a five star review displayed on his Google+ page by clicking here.
After a DUI arrest has been made an individual will be held until they are allowed to submit their plea when they are formally charged before a judge. This proceeding is a court appearance known as an arraignment.
Although a plea can offered without the assistance of a lawyer (as it can always be changed at a later date) my office suggests that counsel be retained to be by a defendant's side during every step of the process.
If you or someone you care about is charged with any type of DUI it is important to speak with a qualified criminal defense attorney before a confession to a crime is offered.
You have the options of pleading guilty as charged; trying to have the charge brought down to a lesser charge such as reckless driving, or asking for a trial before a judge or jury.
Once a plea is entered you may be released on your own recognizance or held depending on the severity of the charges. Bail may also be requested to gain your release.
The penalties for a conviction for DUI can vary depending on the individual circumstances from as little as a small fine or probation to a mandatory minimum sentence of 4 years or more if serious bodily injury or a death is involved by an accident.
To view all Florida DUI and Administrative Suspension Laws for a conviction of this charge click here to view them on the Florida Department of Highway Safety and Motor Vehicles Website.
The law office of Michael B. Cohen, Esq. is committed to fighting for all clients' rights who face charges of DUI. As a former Assistant State Attorney for Broward County, Mr. Cohen has a clear advantage for obtaining the best desired outcome refuting any charges alleged. Working for the prosecution prior to establishing his criminal defense practice in the private sector has given him a superior advantage that will result beneficially for those who seek his help.
Call him directly at any of the phone numbers listed on this Web page and throughout the site for a prompt response and free case evaluation. He will aggressively fight for your rights and devote his abilities to assure the best results.
Nearly twenty years of outstanding private practice criminal defense in Fort Lauderdale, Miami, and the Palm Beaches as well as all neighboring counties in the surrounding areas of South Florida.
To view all of his qualifications click here.