DUI and Traffic Offenses
Florida has very stringent DUI penalties. Many people facing DUI charges are first-time offenders that have never been in trouble with the law. If you have been arrested for a DUI, it is important to act quickly and critical to have an experienced DUI attorney that understands both the criminal case and the DHSMV (Department of Highway Safety and Motor Vehicles).
Arrest, License Suspension & the 10 Day Rule
When you are arrested for a DUI, you only have 10 days to schedule a hearing with the DHSMV (Department of Highway Safety and Motor Vehicles). If you do not schedule a hearing within 10 days, your license is automatically suspended on the 11th day after your arrest.
Please contact us immediately so that we can assist you with maintaining your driver’s license at (727) 344-5511 in Pinellas County or (813) 221-4400 in Hillsborough County.
DUI Defense Experience
We have extensive experience representing clients facing Misdemeanor Driving Under the Influence (DUI) charges, Felony DUI charges, in addition to Felony DUI Manslaughter and Felony BUI Manslaughter. Our firm has handled thousands of DUI cases from start to finish, including to jury verdict.
Submission to DUI Breath Test
One of the most common questions regarding DUI offenses is if you should submit to a breath test. If you have had only one glass of wine, or a couple of beers, or a minimal amount to drink – you should submit to a breath test and you should submit to all field sobriety tests. It is not illegal to drink and drive, it is only illegal to drink and drive to the extent that you are under the influence of alcohol and your normal faculties are impaired. If, however, you have had too much to drink, do not speak to the police officer, do not submit to any tests, and ask for a lawyer.
DUI Defense – Impairment Levels and Prescription Drugs
The law presumes that you are impaired if your breath alcohol level is .08 or higher; however, this presumption can be fought in court during a trial. However, DUIs can be based on consumption of alcohol and/or controlled substances. This includes consumption of medications that are lawfully prescribed to you. It is illegal to drive while under the influence of these substances to the extent that your normal faculties are impaired. It is important to be aware of the fact that you can be impaired by legally prescribed medications.
Your DUI Defense
The attorneys at our firm have looked at thousands of videos from DUI arrests and represented thousands of clients charged with DUI. Police officers frequently videotape DUI arrests. Our office has the experience to analyze the video of your arrest and the other discovery materials in your case to advise you of the best way to attack your case. It is important to understand that DUI cases allow for multiple avenues of attack by your lawyer. Our office will look to see whether there is a motion to throw your case out of court, whether there are any mitigating circumstances to present to have the DUI charge reduced to a lower charge like a reckless or careless driving, and also whether you have a good trial case.
Way over the Legal Limit – DUI Defense Experience
Mr. Futerman has tried many DUI cases and has been very successful at obtaining acquittals, even in cases involving breath alcohol levels that are double and triple the legal limit. Mr. Futerman has personally had “Not Guilty” verdicts at trial with breath alcohol cases of over a 0.30 or 0.40 (up to 5 times the legal limit).
DUI & the DHSMV
It is crucial to understand the importance of dealing with the various entities that are involved when someone is charged with a DUI. The DHSMV (Department of Highway Safety and Motor Vehicles) and the court are both involved in DUI cases. Our office represents you both with the DHSMV and the court system. The DHSMV controls your driver’s license and the court’s decision can affect both your punishment and your driver’s license. Our office has an excellent reputation and relationship with the DHSMV.
The DHSMV & the Court
Although the DHSMV and the court can issue overlapping penalties, they are not affected by each other, and they have separate hearings. For purposes of the DHSMV, it is highly beneficial to hire our office within ten days of your arrest to preserve your right to a DHSMV hearing. Our office can also help you obtain a temporary driver’s license for you to keep you driving despite your recent DUI arrest.
The DHSMV Hearing
The DHSMV hearing determines whether your license initially can be reinstated, but this hearing has no bearing on your criminal case. However, the criminal case can lead to an additional revocation of your license. Our office has handled thousands of DHSMV hearings and has been successful at many of these hearings, resulting in the client having their license reinstated as if they were never arrested for DUI.
DUI Court of Appeals Experience
Our office has also been successful in winning appeals all the way up to the Second District Court of Appeal. As a result of the Falcone v. DHSMV opinion, for about a year and a half, until that opinion was reversed, all my clients that submitted to breath testing with results above a .08 were able to have their regular driver’s license reinstated.
The law has changed, and the Legislature is making it harder and harder for clients to win their driver’s license back. However, because of our experience and diligence in this matter, we can do everything possible to win your driver’s license back.
Certified Breath Test Operator/An Elite Group
Mr. Futerman is a Certified Breath Test Operator and has been practicing Criminal Law for 25 years, specializing in DUIs, making him very familiar with issues with the breath test and intoxilyzer machines. Mr. Futerman has lectured at various schools and with organizations about DUI and the problems with the machines. Less than 1% of criminal attorneys are Certified Breath Test Operators in the United States. Mr. Futerman’s unique knowledge of the machines gives insight to prepare your defense and potentially cross examine a Breath Test Operator.
DUI & the DHSMV
Please also understand the importance of dealing with the various entities that are involved when someone is charged with a DUI. The DHSMV (Department of Highway Safety and Motor Vehicles) and the court are both involved in DUI cases. My office represents you both with the DHSMV and the court system. The DHSMV controls your driver’s license and the court’s decision can affect both your punishment and your driver’s license. We have an excellent reputation and relationship with the DHSMV.
DUI/BUI Manslaughter & DUI Felony
Our office also represents clients on Felony DUIs, Felony DUI Manslaughter, and BUI Manslaughter cases. If you review our case outcomes , you will see that Mr. Futerman has been successful at obtaining “not guilty” verdicts in both felony DUIs and DUI Manslaughters and BUI (Boating Under the Influence) Manslaughter cases.
No DUI Case too Small or Too Big
When it comes to DUIs, no case is too small or too big for our office to handle. We have handled one-witness DUI cases where the client has refused to provide a breath sample, up to the most complicated DUI manslaughter trials, involving forced blood draws, multiple witnesses and experts, and a week-long trial.
Third DUI Offense
In Florida, a third DUI can potentially be classified as a Felony if it occurred within ten years of your second DUI. It is critical to understand that the filing of a Felony is at the discretion of the State Attorney’s Office. It is very important to hire a lawyer quickly so that the charge can potentially be filed as a misdemeanor.
Traffic Offense
We also appear on behalf of our clients to fight traffic violations, from speeding to running a red light. These violations, typically considered infractions and non-criminal offenses, are largely within the judge’s discretion when it comes to the penalty applied. In many situations, we can reduce the number of points you receive on your driving record and the dollar amount of your fine.