A little bit of good news...
If you didn't have a lawyer on a previous DUI, there's a chance we may be able to stop the prosecutors from using that conviction against you to enhance your current charge.

WARNING!
Since you were convicted of a DUI less than 5 years ago, you are facing significantly enhanced penalties compared to a normal, "first-time" DUI.

The most serious penalty that you are facing is a mandatory jail sentence. If you are convicted of a DUI, the judge will be required to sentence you to at least 10 days in jail.

If you are convicted, you will also be required to have a mandatory ignition interlock installed in your car for at least 1 or 2 years, to pay enhanced fines of anywhere between $1000 to $4000, and to attend the enhanced DUI School (Level II).

Last but not least, if you're convicted, your car will be impounded for at least 30 days, and your license will be suspended for 5 years.

A little bit of good news...
Since you were convicted of a DUI more than 5 years ago, you are facing enhanced penalties compared to a normal, "first-time" DUI, but you are not facing any type of a mandatory jail sentence. (If you had been convicted less than 5 years ago, you would have been facing a mandatory jail sentence of at least 10 days).

This doesn't mean that the judge won't send you to jail if you're convicted, but it does mean that there's more wiggle room for us to negotiate with the prosecutor, which will improve your chances for avoiding any type of a jail sentence.

If you are convicted, you will also be required to have a mandatory ignition interlock installed in your car for at least 1 or 2 years, to pay enhanced fines of anywhere between $1000 to $4000, and to attend the enhanced DUI School (Level II).

Last but not least, if you're convicted, your car will be impounded for at least 10 days, and your license will be suspended for anywhere between 6 to 12 months. (If your last DUI conviction was less than 5 years ago, you would have been facing a 5 year driver's license suspension).

A little bit of good news...
Even though you have two prior DUI convictions, since your last conviction was more than 10 years ago, you are not facing any type of a mandatory jail sentence. (If you had been convicted less than 10 years ago, you would have been facing a felony charge, with a mandatory jail sentence of at least 30 days).

This doesn't mean that the judge won't send you to jail if you're convicted, but it does mean that there's more wiggle room for us to negotiate with the prosecutor, which will improve your chances for avoiding any type of a jail sentence.

If you are convicted, you will also be required to have a mandatory ignition interlock installed in your car for at least 2 years, to pay enhanced fines of anywhere between $2000 to $5000, and to attend the enhanced DUI School (Level II).

Last but not least, if you're convicted, your car will be impounded for at least 10 days, and your license will be suspended for anywhere between 6 to 12 months. (If your last DUI conviction was less than 10 years ago, you would have been facing a 10 year driver's license suspension).

WARNING!
Since this is your third DUI offense and you were convicted of your last DUI less than 10 years ago, you are facing a felony offense. This carries significantly enhanced penalties compared to a normal, "first-time" DUI.

Among the more serious penalties that you are facing is a mandatory jail sentence. If you are convicted of this DUI, the judge will be required to sentence you to at least 30 days in jail, and since it's a felony offense, you're facing up to 5 years imprisonment.

If you are convicted, you will also be required to have a mandatory ignition interlock installed in your car for at least 2 years, to pay enhanced fines of anywhere between $2000 to $5000, and to attend the enhanced DUI School (Level II).

Last but not least, if you're convicted, your car will be impounded for at least 90 days, and your license will be suspended for 10 years.

WARNING!
Since this is your third DUI offense and you were convicted of your last DUI less than 10 years ago, you are facing a felony offense. This carries significantly enhanced penalties compared to a normal, "first-time" DUI.

Among the more serious penalties that you are facing is a mandatory jail sentence. If you are convicted of this DUI, the judge will be required to sentence you to at least 30 days in jail, and since it's a felony offense, you're facing up to 5 years imprisonment.

If you are convicted, you will also be required to have a mandatory ignition interlock installed in your car for at least 2 years, to pay enhanced fines of anywhere between $2000 to $5000, and to attend the enhanced DUI School (Level II).

Last but not least, if you're convicted, your car will be impounded for at least 90 days, and your license will be suspended for 10 years.

WARNING!
Since you've been convicted of at least three other DUI offenses, you are facing a potential felony offense. This carries significantly enhanced penalties compared to a normal, "first-time" DUI.

Among the more serious penalties that you are facing is up to 5 years imprisonment.

If you are convicted, you will also be required to pay enhanced fines of anywhere between $2000 to $5000, and to attend the enhanced DUI School (Level II).

Besides the potential prison sentence, the most significant penalty that you're facing is a permanent license suspension.

WARNING!
Since you've been convicted of at least three other DUI offenses, you are facing a potential felony offense. This carries significantly enhanced penalties compared to a normal, "first-time" DUI.

Among the more serious penalties that you are facing is up to 5 years imprisonment.

If you are convicted, you will also be required to pay enhanced fines of anywhere between $2000 to $5000, and to attend the enhanced DUI School (Level II).

Besides the potential prison sentence, the most significant penalty that you're facing is a permanent license suspension.

WARNING!
Since you've been convicted of at least three other DUI offenses, you are facing a potential felony offense. This carries significantly enhanced penalties compared to a normal, "first-time" DUI.

Among the more serious penalties that you are facing is up to 5 years imprisonment.

If you are convicted, you will also be required to pay enhanced fines of anywhere between $2000 to $5000, and to attend the enhanced DUI School (Level II).

Besides the potential prison sentence, the most significant penalty that you're facing is a permanent license suspension.

A little bit of good news...
The only approved breath test device in Florida is the Intoxilyzer 8000. This device is about the size of an Igloo cooler, and would never be mistaken for a handheld device. If you were asked to take a breath test on a handheld device, the police officer shouldn't have threatened you with a license suspension for refusing to take the portable breath test. Those types of devices are not designed with the same level of precision as evidentiary instruments, so the results from the handheld units are normally not admissible into evidence. That means we should be able to prevent the prosecutor from using the refusal against you, and hopefully improve your chances of avoiding a DUI conviction.

A little bit of good news...
Since the police officer didn't read you the “implied consent warning,” there's a chance we may be able to get any evidence about the breath test request kicked out of evidence.

The refusal to submit to testing is often one of the strongest pieces of evidence in the prosecutor's case, so if we can get this evidence suppressed, you may be in a much better position to get your license suspension overturned, or maybe even completely avoid a DUI conviction.

WARNING - You are facing an additional misdemeanor charge!
Because you refused to take the breath test and you also refused to take a test the last time you were arrested, you are facing an additional criminal charge, “Refusal to Submit to Testing”. This offense is a first-degree misdemeanor, with a maximum sentence of 1 year in jail.

Even if your previous DUI charge was completely dropped, and even if we can completely beat this new DUI offense, you are still at risk for being convicted of the Refusal charge. With these charges, there are often several technical defenses that may help you overcome the charge, but they're beyond the scope of what we can cover in this online case evaluation. When you schedule an in-person appointment, we'll be able to discuss the issues in your case and tell you how we can help you with this charge.

WARNING - You are facing an 18 month license suspension!
Another consequence to the refusal is that you are facing a potential 18 month license suspension from the DMV, regardless of whether or not you are convicted of the DUI! And unlike most suspensions, there is no chance of getting a temporary work permit during this time. Your suspension will be called “hard time,” and you won't be able to get any type of driving permit for the entire 18 months.

That's why it is CRITICAL that you have a qualified DUI defense attorney help you at the DMV Formal Review Hearing, to see if there's a chance of getting your license suspension overturned.

Make sure you meet with a lawyer before you go to the DMV, and make sure that you go to the DMV within 10 days of your arrest. If you don't request the hearing within 10 days, you will lose your license, guaranteed,, and you will not get it back for at least 18 months!

IMPORTANT!
The police asked you to take the urine test because they thought you were under the influence of controlled substances (either illegal drugs or prescription medications).

If you weren’t under the influence of any drugs (including prescription drugs), the prosecutors won’t just take your word for it, you’ll need to prove it. One of the best ways to do that is to obtain an independent drug test as soon as possible.

By obtaining an independent drug test, you can prove that you didn’t have any drugs in your system.

But the longer you wait, the less persuasive the test results will be, so that's why you should schedule your test TODAY. When you schedule the test, make sure that you ask for an observed test, and tell the nurse that it's important to preserve the “chain of evidence” so that the results will be admissible in court.

There are several other issues involved when obtaining an independent drug test (including an important decision about whether to request a urinalysis or a hair follicle test), so please contact me before you schedule the test to ensure that you don't waste your money on the wrong type of test.

IMPORTANT!
The police asked you to take the urine test because they thought you were under the influence of controlled substances (either illegal drugs or prescription medications).

If you weren’t under the influence of any drugs (including prescription drugs), the prosecutors won’t just take your word for it, you’ll need to prove it. One of the best ways to do that is to obtain an independent drug test as soon as possible.

By obtaining an independent drug test, you can prove that you didn’t have any drugs in your system.

But the longer you wait, the less persuasive the test results will be, so that's why you should schedule your test TODAY. When you schedule the test, make sure that you ask for an observed test, and tell the nurse that it's important to preserve the “chain of evidence” so that the results will be admissible in court.

There are several other issues involved when obtaining an independent drug test (including an important decision about whether to request a urinalysis or a hair follicle test), so please contact me before you schedule the test to ensure that you don't waste your money on the wrong type of test.

Your potential situation (DMV issues):
Because this is your first offense and your breath level was over .08, your license was suspended for 6 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 30 days.

However, there are ways to avoid this, either by requesting a formal review hearing and fighting the case, or by waiving that right and requesting a work permit for the entire suspension period.

There are significant issues that you need to consider before deciding to either fight or waive your hearing, so you should speak with a qualified DUI defense attorney before making that decision. Remember, the decision must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your first offense and your breath level was over .08, you are being charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 6 months
• Maximum probation: 12 months
• Maximum fine: $1000.00
• Court costs: $500.00 (approx.)
• Community service: 50 hours (minimum)
• Maximum license suspension: 12 months
• Vehicle impoundment: 10 days (minimum)
• DUI School: Level I, plus any recommended treatment
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your first offense and your breath level was over .15, your license was suspended for 6 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 30 days.

However, there are ways to avoid this, either by requesting a formal review hearing and fighting the case, or by waiving that right and requesting a work permit for the entire suspension period.

There are significant issues that you need to consider before deciding to either fight or waive your hearing, so you should speak with a qualified DUI defense attorney before making that decision. Remember, the decision must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your first offense and your breath level was over .15, you are being charged with an enhanced misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 9 months
• Maximum probation: 12 months
• Maximum fine: $2000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (minimum)
• Maximum license suspension: 12 months
• Vehicle impoundment: 10 days (minimum)
• DUI School: Level I, plus any recommended treatment
• Vehicle ignition interlock: 6 months (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the enhancements for a BAC over .15, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your first offense and your breath level was over .15, your license was suspended for 6 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 30 days.

However, there are ways to avoid this, either by requesting a formal review hearing and fighting the case, or by waiving that right and requesting a work permit for the entire suspension period.

There are significant issues that you need to consider before deciding to either fight or waive your hearing, so you should speak with a qualified DUI defense attorney before making that decision. Remember, the decision must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your first offense and one of your breath test results was over .15, the prosecutors are charging you with an enhanced misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 9 months
• Maximum probation: 12 months
• Maximum fine: $2000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (minimum)
• Maximum license suspension: 12 months
• Vehicle impoundment: 10 days (minimum)
• DUI School: Level I, plus any recommended treatment
• Vehicle ignition interlock: 6 months (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
Whenever you have a breath test result over .15, the prosecutors charge you with an “enhanced” DUI. Even though you had a breath test result that was over .15, we may be able to prove that both of your breath test results were actually below the enhancement limit, because of margins of error in the testing limits of the machine. This may help you avoid the increased jail and increased ignition interlock requirements, and should also reduce the mandatory fines that you may be required to pay. (This alone may save you several thousand dollars).

REMEMBER: No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the enhancements for a BAC over .15, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your second offense and your breath level was over .08, your license was suspended for 12 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 30 days.

However, it may be possible to minimize or even avoid the suspension. This requires requesting a formal review hearing and fighting the case at the DMV. By doing this, you'll immediately be entitled to a 42 day business-purposes permit.

Keep in mind that the most successful defenses at the DMV hearing are usually very technical issues. If you want to maximize your chances of prevailing at the DMV hearing, you should speak with a qualified DUI defense attorney before requesting the hearing. Remember, the hearing request must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your second offense within 5 years and your breath level was over .08, you are being charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 9 months
• Maximum probation: 12 months
• Maximum fine: $2000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (minimum)
• Mandatory license suspension: 5 years
• Vehicle impoundment: 30 days (minimum)
• DUI School: Level II, plus any recommended treatment
• Ignition interlock requirement: 1 year (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your second offense and you refused to take a breath test, your license was suspended for 12 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 90 days.

However, it may be possible to minimize or even avoid the suspension. This requires requesting a formal review hearing and fighting the case at the DMV. By doing this, you'll immediately be entitled to a 42 day business-purposes permit.

Keep in mind that the most successful defenses at the DMV hearing are usually very technical issues. If you want to maximize your chances of prevailing at the DMV hearing, you should speak with a qualified DUI defense attorney before requesting the hearing. Remember, the hearing request must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your second offense within 5 years and you refused to take a breath test, you are being charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 9 months
• Maximum probation: 12 months
• Maximum fine: $2000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (minimum)
• Mandatory license suspension: 5 years
• Vehicle impoundment: 30 days (minimum)
• DUI School: Level II, plus any recommended treatment
• Ignition interlock requirement: 1 year (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your second offense and you refused to take a breath test, your license was suspended for 12 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 90 days.

However, it may be possible to minimize or even avoid the suspension. This requires requesting a formal review hearing and fighting the case at the DMV. By doing this, you'll immediately be entitled to a 42 day business-purposes permit.

Keep in mind that the most successful defenses at the DMV hearing are usually very technical issues. If you want to maximize your chances of prevailing at the DMV hearing, you should speak with a qualified DUI defense attorney before requesting the hearing. Remember, the hearing request must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your second offense and it's been more than 5 years since your previous conviction, you are being charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 9 months
• Maximum probation: 12 months
• Maximum fine: $2000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (usually)
• Maximum license suspension: 12 months
• Vehicle impoundment: 30 days (minimum)
• DUI School: Level II, plus any recommended treatment
• Ignition interlock requirement: 1 year (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your second offense, you've previously refused to take a breath test, and you refused to take a breath test this time, your license was suspended for 18 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for the entire 18 months.

However, it may be possible to avoid the suspension. This requires requesting a formal review hearing and fighting the case at the DMV. By doing this, you'll immediately be entitled to a 42 day business-purposes permit.

Keep in mind that the most successful defenses at the DMV hearing are usually very technical issues. If you want to maximize your chances of prevailing at the DMV hearing, you should speak with a qualified DUI defense attorney before requesting the hearing. Remember, the hearing request must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your second offense and it's been more than 5 years since your previous conviction, you are being charged with both a misdemeanor DUI offense and a misdemeanor Refusal to Submit to Testing offense. The potential penalties for this type of DUI are:

• Maximum jail: 9 months (DUI charge)
• Maximum jail: 12 months (Refusal charge)
• Maximum probation: 12 months
• Maximum fine: $2000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (usually)
• Maximum license suspension: 12 months
• Vehicle impoundment: 30 days (minimum)
• DUI School: Level II, plus any recommended treatment
• Ignition interlock requirement: 1 year (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your second offense and your breath level was over .15, your license was suspended for 12 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 30 days.

However, it may be possible to minimize or even avoid the suspension. This requires requesting a formal review hearing and fighting the case at the DMV. By doing this, you'll immediately be entitled to a 42 day business-purposes permit.

Keep in mind that the most successful defenses at the DMV hearing are usually very technical issues. If you want to maximize your chances of prevailing at the DMV hearing, you should speak with a qualified DUI defense attorney before requesting the hearing. Remember, the hearing request must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your second offense within 5 years and your breath level was over .15, you are being charged with an enhanced misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 12 months
• Maximum probation: 12 months
• Maximum fine: $4000.00
• Court costs: $550.00 (approx.)
• Community service: 50 hours (minimum)
• Mandatory license suspension: 5 years
• Vehicle impoundment: 30 days (minimum)
• DUI School: Level II, plus any recommended treatment
• Ignition interlock requirement: 2 years (minimum)
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your first offense and you refused to take a breath test, your license was suspended for 12 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 90 days.

However, there are ways to avoid this, either by requesting a formal review hearing and fighting the case, or by waiving that right and requesting a work permit for the entire suspension period.

There are significant issues that you need to consider before deciding to either fight or waive your hearing, so you should speak with a qualified DUI defense attorney before making that decision. Remember, the decision must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your first offense and you refused to take a breath test, you are being charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 6 months
• Maximum probation: 12 months
• Maximum fine: $1000.00
• Court costs: $500.00 (approx.)
• Community service: 50 hours (minimum)
• Maximum license suspension: 12 months
• Vehicle impoundment: 10 days (minimum)
• DUI School: Level I, plus any recommended treatment
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation (DMV issues):
Because this is your first offense and you refused to take a breath test, your license was suspended for 12 months. If you don't take any action within the first 10 days after your arrest, your license WILL be suspended, and you won't be able to obtain any type of work permit for at least 90 days.

However, there are ways to avoid this, either by requesting a formal review hearing and fighting the case, or by waiving that right and requesting a work permit for the entire suspension period.

There are significant issues that you need to consider before deciding to either fight or waive your hearing, so you should speak with a qualified DUI defense attorney before making that decision. Remember, the decision must be made within the first 10 days after your arrest, so don't delay. Schedule your initial client meeting ASAP to make sure you meet the deadline.

Your potential situation (the criminal case):
Because this is your first offense and you refused to take a drug test, you are being charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 6 months
• Maximum probation: 12 months
• Maximum fine: $1000.00
• Court costs: $500.00 (approx.)
• Community service: 50 hours (minimum)
• Maximum license suspension: 12 months
• Vehicle impoundment: 10 days (minimum)
• DUI School: Level I, plus any recommended treatment
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation. Depending on the facts and issues in your case, we may be able to help you get your license back, help you avoid the maximum penalties, or even completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news. Since both of your breath levels were below .08 and the police officer didn't ask you to take a urine test, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though both of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired. Because this is your first offense, you may be charged with a misdemeanor DUI offense. The potential penalties for this type of DUI are:

• Maximum jail: 6 months
• Maximum probation: 12 months
• Maximum fine: $1000.00
• Court costs: $500.00 (approx.)
• Community service: 50 hours (minimum)
• Maximum license suspension: 12 months
• Vehicle impoundment: 10 days (minimum)
• DUI School: Level I, plus any recommended treatment
• Victim Impact Panel: 3 hours

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since your breath levels were below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news. Since both of your breath levels were below .08 and the police officer didn't ask you to take a urine test, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though both of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since your breath levels were below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news. Since both of your breath levels were below .08 and the police officer didn't ask you to take a urine test, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though both of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since your breath levels were below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news. Since both of your breath levels were below .08 and the police officer didn't ask you to take a urine test, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though both of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since your breath levels were below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news. Since both of your breath levels were below .08 and the police officer didn't ask you to take a urine test, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though both of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since your breath levels were below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news. Since both of your breath levels were below .08 and the police officer didn't ask you to take a urine test, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though both of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since your breath levels were below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news... Since one of your breath levels was below .08, your license should not be suspended. If the police officer seized your license, please let me know ASAP because I can file a motion with the DMV that should quickly get your license suspension overturned.

Now the bad news... Even though one of your breath levels were below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since one of your breath test results was below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
First, the good news... Even though you had a breath test result that was over .08, we may be able to prove that it was actually below the legal limit, and prevent your license from being suspended. If the police officer seized your license, please let me know ASAP because I may be able to file a motion with the DMV that will get your license suspension overturned.

Now the bad news... Even though we may be able to prove that there is a margin of error in the machine and your breath level was below .08, the prosecutors can still charge you with a DUI offense, under the theory that your “normal faculties” were impaired.

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since we should be able to show that at least one of your breath test results was below the legal limit. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

Your potential situation:
Whenever you have a breath test result over .15, the prosecutors charge you with an “enhanced” DUI. This increases the maximum jail sentence that you are facing and can also increase the length of time you're required to have an ignition interlock requirement device installed in your car.

First, a little bit of good news... Even though you had a breath test result that was over .15, we may be able to prove that it was actually below the enhancement limit, because of margins of error in the testing limits of the machine. This may help you avoid the increased jail and increased ignition interlock requirements, and should also reduce the mandatory fines that you may be required to pay. (In some cases, this may save you several thousand dollars).

Don't give up hope!
No DUI arrest is perfect. There may be potential issues that can be exploited to put you in a better situation, especially since one of your breath test results was below the enhancement level. Depending on the other facts and issues in your case, we may be able to help you completely avoid a DUI conviction.

Each case is different, so in the next section, we'll review some of the potential issues that may exist in your case and find out what we can do to help.

That's actually good news...
The police do not have the power to suspend your license for refusing to submit to field sobriety exercises. Because you were improperly threatened for refusing to submit to these exercises, we may be able to get some or all of that evidence kicked out of court, which can improve your chances of avoiding a DUI conviction.

Some good news...
The National Highway Traffic Safety Administration created the training manuals for the field sobriety exercises. In their original 1977 and 1983 studies, they determined that standardized field sobriety tests were unreliable for people over age 60. This is reflected in the National Highway Traffic Safety Administration manual from 1991. In 2006 it was changed to age 65, however, this was not based upon any additional data. (Luckily, I still have the old manual to use during trial).

A recent British study indicates that the breakpoint for reliability on field sobriety tests is the age of 40, (Philip R. Dixon, Tony Clark, Brian Tiplady, Evaluation of a Road Side Impairment Test Device Using Alcohol, Accident Analysis and Prevention, 41 (2009) 412-418). This is more consistent from a medical perspective (think about it, there aren't many professional athletes in their 40's). Therefore, we may be able to argue that field sobriety tests should not be relied upon in your case because of your age.

This is critical:
Your career is on the line. Even if you weren't driving a commercial vehicle, the DMV can still suspend your commercial driver license for a DUI arrest. It's important that you contact a DUI attorney ASAP to discuss the potential license issues in your case, as well as the plans for handling the DMV formal review hearing.

Some good news...
Since you don't drive for your employer, you may not be obligated to report the DUI arrest to them.

Keep in mind that if you drive their vehicles or drive under their insurance policy, you are probably required to report the arrest. Also, your human resources manual may have a requirement that you report any drug or alcohol related arrest to the HR department.

Before you talk to your employer, talk with a DUI defense attorney to discuss the potential reporting requirements in your case, as well as some techniques for telling your employer about the arrest that may prevent you from getting fired.

Some bad news...
Since you drive for your employer, you are probably obligated to report the DUI arrest to them.

If you drive their vehicles or drive under their insurance policy, your human resources manual probably has a requirement that you report any alcohol related arrest or license suspension to the HR department. Remember that some employers have reporting requirements and regularly run checks on their employees to see if they've been in any trouble, so failing to report the arrest may be even worse, because you'll be in violation of the employer's honesty policy.

Before you talk to your employer, talk with a DUI defense attorney to discuss the potential reporting requirements in your case, as well as some techniques for telling your employer about the arrest that may prevent you from getting fired.