Anyone can be arrested for driving while under the influence, whether you had far too much to drink at a party, or a few drinks at a friend's house while watching the game. Some get caught, while others don't. Driving under the influence can mean you have either alcohol or drugs in your system, however the fact that you are arrested does not mean you will be convicted. Even when your BAC (blood alcohol concentration) is higher than the legal limit of .08 percent, it may be possible to get charges dismissed or reduced. The first step you should take when arrested is to contact an experienced Lake County DUI attorney at Adams, Luka, & Benton.
If it is a first offense, you probably have questions and concerns. Will you be put in jail, and what are the penalties? Are there legal options, and should you plead guilty or not guilty? We will address all of your questions and provide you with unsurpassed legal support and guidance, working to protect your legal rights and secure the best possible result in your DUI case.
Possible Defenses to Charges of Driving Under the Influence in Lake CountyIt is vital to have a solid defense when you intend to fight the allegations against you in court. Some of the most common issues that could work in your favor include:
Illegal search or traffic stop. Police must have reasonable suspicion in order to pull you over; in other words, the stop must be justified. Police cannot pull you over simply because they want to. In addition, an illegal search could work to your advantage, as evidence collected in violation of the Fourth Amendment cannot be used in court.
Proper administration and handling of tests and other evidence. Breath tests must be properly administered and equipment functioning properly in order for the results to be reliable. All testing as well as evidence must be handled properly as well in order to avoid contamination or even confusion of your breath/blood test with another individual's.
Other issues with breath and field sobriety tests. Field sobriety tests are difficult for even sober people to pass. Medical conditions, medications, and even radio frequency can skew the results of breath tests.
Our Lake County DUI lawyers will thoroughly investigate the details of your case to determine if mistakes or errors were made that could be to your benefit or result in evidence being thrown out.
Florida DUI Criminal PenaltiesIf convicted of driving under the influence of alcohol or drugs, the penalties you face depend on whether it is a first or subsequent offense as well as other factors. First-time offenders who are found guilty of DUI typically face punishment that includes possible jail time, community service, driver's license suspension for six months, fines, probation, vehicle immobilization, and a criminal record. If you are convicted for a second or third offense, the consequences are even more serious.
You have only 10 days to request a hearing to prevent your driver's license from being suspended, so you must act immediately following your arrest. An attorney can provide guidance with this matter as well.
Contact Adams, Luka, & Benton TodayWhen arrested for driving under the influence, it is critical that you politely decline to answer police questions and contact a seasoned Lake County DUI attorney immediately. Attempting to explain your situation will only result in further digging yourself into a hole. At Adams, Luka, & Benton, we will advise you of all of the potential legal options, answer your questions, and fight vigorously on your behalf to prevent a criminal conviction and the resulting consequences. Contact our office for a free consultation today at (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.