DUI/DWI CRIMINAL DEFENSE
The experience of Jeff T. Gorman Law Offices will help.
 If a person is suspected of being under the influence of alcohol, drugs (prescription or illegal drugs) or other controlled substances that may impair one’s ability to operate a vehicle safely, he or she may be arrested and charged for a criminal Driving Under the Influence or (“DUI”) offense. “Drunk driving” has been elevated in the political arena and the media as a danger to the public and a preventable crime; its prosecution is a top priority for local, state and federal governments.
If arrested and charged with a criminal DUI offense, it is imperative that you hire an experienced criminal defense attorney who has the knowledge of Florida DUI laws. Jeff Gorman has defended and prosecuted hundreds of DUI cases in several different jurisdictions. He has practiced before juries concerning every type of DUI case from a first time DUI offense to DUI Manslaughter. Jeff Gorman has successfully tried numerous DUI cases to a jury verdict including serious repeat offender cases and DUI Manslaughter. Mr. Gorman has also tried Drug Recognition Expert Cases or (“DRE”) cases to successful jury verdicts as well as DUI Manslaughter cases involving DNA evidence.
When hiring an attorney, especially a criminal defense attorney, it is vital to know their experience. Ask how many trials they have personally performed to a jury verdict and be sure you can trust their ability and honesty before signing a contract. Jeff T. Gorman Law Offices represents the legal rights and goals of those involved in DUI defense or other criminal defense issues in St. Lucie and Martin County, Florida.
Call for a free and confidential legal consultation with criminal defense attorney Jeff Gorman in Martin County at (772) 220-4000 or (772) 337-7777 in St. Lucie County.
If an individual is suspected of driving under the influence, he or she will be pulled over and have to undergo a Field Sobriety Test. This is sometimes, more simply, referred to as a sobriety test. These tests are designed to determine your ability to perform divided attention tasks. They require an individual to perform actions he or she wouldn’t normally do. If you fail this test, an officer has probable cause to give you a breathalyzer test.
Criminal defense attorney Jeff Gorman will analyze the actions of law enforcement and determine if there exists any legal reason to throw out evidence that has been obtained in a manner violating your rights under the U.S. Constitution or Florida Law. He’ll also determine if any of your civil rights were violated before or during your arrest.
Everyone makes mistakes. Being arrested for DUI is not an open-and-shut case like many believe. Keep in mind that law enforcement officers are not immune from human error. A very simple paper error or error in giving the proper instructions can invalidate certain key pieces of evidence in a DUI investigation.
If you have any questions, concerns or legal needs regarding DUI defense or other criminal defense issues, we urge you to seek the legal advice of an experienced DUI criminal defense attorney.
Call for a free and confidential legal consultation with criminal defense attorney Jeff Gorman in Martin County at (772) 220-4000 or (772) 337-7777 in St. Lucie County.
For drivers over the age of 21 the legal limit of breath alcohol level, or (“BAL”), is 0.08 percent. A DUI offense usually occurs when a person is found to have a BAL of equal to or higher than 0.08 percent. A lower level may still be prosecuted if signs of impairment are present. Even if you refuse to give a breath or blood sample the State of Florida can still pursue charges for DUI against you. It is important to have an experienced criminal defense attorney who can tell you your chances at prevailing at trial.
Each time you get a DUI the penalty under Florida Law becomes more severe. If you are charged with a second DUI you are likely to face jail time if your prior offense was within five years of your current charges. You need to talk to an experienced criminal defense lawyer who can go over the myriad of technicalities that are involved in a DUI investigation and any possible defenses that you may have. Mr. Gorman has both prosecuted and defended hundreds of DUI cases. He has seen both sides of DUI litigation and has participated in the training of DUI Officers for Miami-Dade and City of Miami Police Department.
Florida's DUI conviction penalties are provided below:
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, a DUI is proved by impairment of normal faculties. Unlawful blood alcohol level or breath alcohol level of .08 or above is a presumption of impairment.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
* First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
* Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
* Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
* Fourth or Subsequent Conviction: Not less than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
* First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
* Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
* Third Conviction: If third conviction within 10 years of the last DUI conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction is more than 10 years from last DUI conviction, imprisonment for not more than 12 months.
* Fourth or Subsequent Conviction: Not more than 5 years.
Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.
Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
* Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
* Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
* DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
* DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
* Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
* Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
D. Fourth Conviction: Recent changes to Florida Law have allowed those after a Fourth Conviction to petition the Florida Department of Highway Safety and Motor Vehicles for a business purposes only license. This petition can only be made if the driver has not driven for at least five years. Department of Highway Safety and Motor Vehicles
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years if the Florida Department of Highway Safety and Motor Vehicles approves given the circumstances of the driver and his or her record.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related Disqualifications-s. 322.61, F.S.
* Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
* Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
* There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.
If you require professional legal services regarding DUI defense or other criminal defense issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced DUI criminal defense lawyer.
Call for a free and confidential legal consultation with criminal defense attorney Jeff Gorman in Martin County at (772) 220-4000 or (772) 337-7777 in St. Lucie County.
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