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Convicted of a DUI without a bac?

Convicted of a DUI without a bac?A DUI (Driving Under the Influence) crime is a severe driving offense and can result in you receiving a large fine, losing your driving privileges for months to years, and/or even jail time. Driving whilst intoxicated is an offense in the State of Florida, it is proved by the impairment of a person’s ‘normal faculties’ or unlawful blood or breath alcohol level of 0.08% or above. Such an offense encompasses both alcohol and drugs, prescribed or illegal, as long as it has impaired your ability to drive. Usually, on the scene of a DUI case, officers will utilize field sobriety tests, but it was found that four out of every ten drivers stopped for DUI in the State of Florida refused to take a breath test.

If you have been charged with driving under the influence in the State of Florida, then it is best to have a DUI attorney on your side. Here at The Ticket Lawyers, we provide a dedicated attorney-client relationship, whereby our lawyers are experienced in dealing with your cases such as your own. Tell us if you have been involved in such a case, using our phone number (855)-323-8488, and we will be able to organize a free consultation.

Can you be convicted of a DUI Without a Blood Test?

In most states, including Florida, DUI/DWI law states a person can still be charged and convicted without a chemical test or if it is not available to the prosecutor for whatever reason (e.g., ruled inadmissible or equipment failed). In such scenarios, other pieces of evidence can be utilized by the prosecutors to ensure a conviction.

The prosecutor at trial commonly will use evidence, including the officer’s police report and footage of the defendant’s performance in field sobriety tests. A field sobriety test is typically conducted by the arresting officer at the side of the road to test the driver’s potential impairment. If these test results suggest you were inebriated and thus not fit to drive, then you could still be convicted, even if your bac cannot be proved via a chemical test.

Can you Refuse to Submit a Blood Test in Florida?

Despite the law stating that you cannot be forced to take a breath, blood, or urine test in most scenarios involving a DUI, Florida is allowed to force a blood bac screening on a person if they’re unconscious. This is regardless of whether they have previously been arrested for a DUI. A forced blood test is allowed if a person is injured in a car accident or if they’ve been stopped for a third DUI offense. If the person is conscious, then a blood test can be refused.

Can you get a DUI without Taking a Breathalyser?

Florida law, as per Florida Statute 316.1932, includes something known as “implied consent.” Implied consent in relation to a DUI case means that as soon as you drive on Florida roads, you are essentially consenting to a breath test if an officer asks. This means you absolutely have to provide a breath test if an officer asks so.

Some argue you cannot be physically forced to take a breath test, and it is, in fact, illegal for an officer to force you to take a breath test. However, the cost of saying no to a breath test is often far greater than just taking the test. If you refuse to take a breath test, considering there is still a potential you could still be convicted with a DUI due to other pieces of evidence, you will be faced with a range of other potential penalties. Examples include:

  • Large fines.
  • Jail time.
  • Automatic license suspension for up to 18 months.
  • Automatic vehicle impoundment.

In conclusion, as with missing blood tests, yes, you can still receive a DUI conviction even if you refuse a breath test, and you could even receive additional penalties for doing so. This can be possible by going through surveillance or observation in severe cases.

Can you be convicted of a DUI Without Driving?

The simple answer to this is yes, and you can be convicted for a DUI even if you were not driving. This is due to the fact the first element that the State must prove in a DUI case is that you were driving or in actual physical control of the vehicle, as per the description of a DUI provided in Florida Statute 316.193. The term “actual physical control” allows a person to be convicted with a DUI even if they were not driving. This addition to the law means that even if you are sleeping in your car, as long as you are intoxicated, you could be convicted with a DUI offense.

The Supreme Court of Florida ruled that “actual physical control of the vehicle” means the defendant must have been physically in the vehicle and possess the capability to operate the vehicle, regardless of whether the defendant was actually operating the vehicle at the time. Therefore in Florida, the penalties for being under the influence and being “in actual physical control” of your vehicle are the same as if you were to be actually driving and on the roads.

What Evidence is Needed for a DUI Conviction?

A DUI conviction is very different from an arrest, and this only requires officers to have probable cause that you were guilty. A prosecutor will require more examples of credible evidence to prove that you were guilty of driving under the influence beyond a reasonable doubt. A criminal defense attorney may develop a strategy against this, but it is important you know what a prosecutor will look for in a DUI case to land a conviction.

  • Field sobriety tests – Before you are placed under arrest, it is common for an officer to request you submit to one or more field sobriety tests to evaluate your impairment. These are commonly recorded via an officer’s dashcam, your attorney may use this footage in your defense if appropriate. These tests can be problematic due to the subjectivity and the number of extraneous variables, such as uneven pavements and poor lighting, that could all unfairly affect your performance in a field sobriety test.
  • Chemical tests – Breathalyser tests and blood or urine samples can all be used as evidence in your DUI/DWI case as a means to assess your blood alcohol concentration. If your BAC is above 0.08, this will provide the foundations to a DUI conviction and is a perfect example of evidence that can be used against you. A criminal defense lawyer can dispute DUI charges because of these test results for a range of reasons. For example, something as little as burping can negatively affect your test results because of the gas escaping your body, leading to a false positive.
  • Police report – The officer who arrests you is required by law to submit a number of documents regarding their account of circumstances leading up to your arrest for a DUI. The officer will recount your performance on any field sobriety tests, the reason for them pulling you over in the first place, your own demeanor at the scene, and any other details that could be useful as evidence.
  • Any witness reports – The fourth part of useful evidence would be any witness accounts of the incident. If you driving under the influence led to others being involved or others witnessing what you did, then they can write their account, and this will then be used as evidence to better understand what happened on the lead up to your arrest.

If you have been arrested for DUI/DWI and face a possible conviction, tell us today. Here at The Ticket Lawyers, our expert DUI lawyers will be able to offer legal advice and representation for your case.

How Much Will a DUI Attorney Cost in Florida?

There are multiple reasons for why it would be best to consider hiring an attorney after you’ve been arrested for a DUI, but many are put off by the potential cost. In the State of Florida, the average cost for a DUI attorney relies significantly on the lawyer’s experience and the details of your case. The fees for a criminal defense lawyer can average at $4,000 for a total DUI sum but can even be upwards of $7,500 – $10,000 if the case is considered a felony. An attorney’s fees will be based upon a range of factors. For example, if you accept a plea or instead decide to take the case to trial. A DUI attorney is able to charge thousands of dollars when the client chooses to accept a plea, and significantly more if the case has to go to trial.

From the time of your arrest to the time the case is finally resolved, the entire legal case can last on average between 6-12 months. Because of the heavy potential penalties a DUI conviction carries, the cost is often a second thought when you realize what you could be up against. Contact The Ticket Lawyers as soon as possible to find out what our firm can do to help.

Is it Worth it?

Florida is becoming even more strict regarding the enforcement of DUI laws; therefore, convicted drivers often face drastic penalties. If you wish to investigate and contest your DUI charge, then it is always best to consult a lawyer specializing in this law. An attorney will be able to advise you on the best possible way to challenge your charges in an attempt to reduce or get rid of them. They will be able to face the prosecutors on your behalf and do whatever they can to help your case.

If this is your second or third DUI charge, this will carry even more severe penalties than the first. If this occurs, you should definitely consider seeking legal aid. A lawyer may be able to reduce your charge to a “reckless driving” or “wet reckless” charge, the consequences of such are lesser.

Contact The Ticket Lawyers Today!

If you or someone you know has been charged with a DUI case, then do not hesitate to contact us as soon as possible. Our team of defense attorneys are experienced in dealing with many DUI cases and will be dedicated in ensuring you are not convicted with such an offense. DUI convictions can be very serious, so it is critically important that you seek the legal experience of a lawyer on our team.

Contact us today to organize a free consultation with our lawyers so that we can provide any legal advice you may require and allow you to better understand the legalities of your own case. Call The Ticket Lawyers as soon as possible to find out what we can do to help using our number (885)-323-8488.

Should You Plead Guilty to a DUI?

Should You Plead Guilty to a DUI?A DUI (Driving Under the Influence) case is a very severe driving offense under Florida law. DUI cases are proved by an impairment of “normal faculties” or unlawful blood alcohol content or breath levels of 0.08 or above, whilst driving or in control of the vehicle. A driver who is deprived of these faculties because of drugs or alcohol, even if the drugs were prescribed, could be found guilty of a DUI offense. Even if you are facing a DUI conviction, it is important you act as quickly as possible, considering specific deadlines concerning a DUI crime.

If you or a loved one have been arrested for driving under the influence, contact The Ticket Lawyers as soon as possible. Our team is dedicated and possess a wealth of knowledge and experience in dealing with DUI cases such as your own. It is always best to have an experienced attorney on your side. Call us today using our phone number (855)-323-8488.

Should you Plead Guilty to DUI?

Even if you believe you are guilty, it is always best not to plead so, as there may be reasons you might not know at the time that a criminal defense attorney could become layer aware of that can prove your innocence. It is important for all defendants to be aware that a DUI case can be won; it isn’t a definite guilty sentence! A DUI case can be won through the following circumstances:

  • If the traffic stop was conducted properly – A DUI charge begins with the traffic stop. Any evidence obtained in the stop could’ve been unlawfully obtained where the stop was improperly conducted. If there was no probable cause to stop, detain, or arrest you for a DUI charge, then the evidence and case as a whole could be subject to dismissal.
  • If the police officer read the defendant their rights – If a police officer does not read you your right to remain silent, then any information you gave to authorities from this point will not be admissible in court.
  • If the breathalyzer was properly maintained and calibrated – Improper maintenance and calibration of a breathalyzer can lead to that evidence being inadmissible. If the officer using it wasn’t properly trained, then this can question the validity of this evidence too.
  • Issues with the field sobriety test – A field sobriety test is not always an accurate indication of inebriation. Studies have instead shown that such tests range from 65-77% accuracy in detecting impairment.

For these reasons, pleading guilty to your DUI charges can be unadvisable. There are always options your DUI defense lawyer could take to help your case. DUI cases can be unpredictable, so always consult a DUI lawyer before taking a guilty plea deal. Contact The Ticket Lawyers today if you’re facing a DUI conviction to better understand your case and what we can do for you.

What Happens if I Plead Not Guilty to a DUI?

If you decide to plead not guilty to your DUI charge, then your case will be taken to court, and you’ll face prosecutors. A civil case is filed against you with the DMV, as well as a criminal case, because of this, there are several procedures involved in average Florida DUI cases. This includes:

  1. First appearance – This is a hearing held in jail within 24 hours of your arrest.
  2. Arraignment – This is a formal hearing where you will be charged with a DUI and will have to make your plea of not guilty or guilty.
  3. Pretrial conference – This is a hearing scheduled several weeks after the arraignment to update the judge on the case’s progression. A prosecutor could make you an offer here to avoid trial.
  4. Filing motions – The defense tends to request evidentiary hearings to be held on the day of your trial. This is where a lot of evidence is given.
  5. Trial – A lot of DUI cases are resolved before trial, but all defendants have a constitutional right to a trial by jury. The government prosecutors will aim to prove you’re guilty. If you’re found not guilty, you’ll leave the trial with no conviction; if you’re guilty, you’ll receive a sentence then and there.

Therefore, because of how complex DUI cases can become, it is important you have a DUI lawyer on your side. A DUI defense lawyer will be able to examine your case and find any evidence that could be used in your favor, such as a police officer unfairly conducting the traffic stop without probable cause or a malfunctioning breathalyzer. Contact The Ticket Lawyers today to see what our team can do for you.

Do you go to Jail After DUI Arraignment?

As mentioned previously, a DUI arraignment follows your first appearance. Here your attorney will enter a notice of appearance; this tells the State that you are denying the DUI charges and will be pleading not guilty. If you have pleaded not guilty, you will not go to jail after this; you have to go through further proceedings. You will not go to jail unless you are found guilty at your final trial and are sentenced with a punishment of such.

If you plea guilty or no contest at this point, you will be sentenced here. ‘No contest’ means that you have accepted the sentence but have not admitted guilt. Under the DUI statute, a deferred sentence is not allowed. Once there is an admission of guilt or no contest, the offender must receive and carry out their sentence. Meaning if you’re going to be sentenced to jail, your jail sentence will be imposed immediately. A handful of judges allow a “turn-in” date, meaning you report to jail on a named later date, but this is rare. It is more common that you will be taken into custody immediately at your arraignment if you admit guilt or claim no contest.

If you require legal representation at your arraignment, contact The Ticket Lawyers today. Our team is experienced in dealing with cases like yours and will be able to design a legal strategy that leads you with the best possible outcome.

Can a First Offence DUI be Dismissed?

If you are facing a DUI case, it is important you act as quickly as possible. If this is your first offense, no one is hurt, and no property was damaged; there is a possibility that an experienced criminal defense DUI lawyer could get your charge reduced or dismissed entirely. If this is your second or third charge, then it is highly unlikely your DUI charge will be entirely dismissed.

Do not plead guilty in such a scenario as pleading guilty will often result in an automatic conviction and sentence. There are technical defenses that could be used by a defense DUI lawyer to try and dismiss your charges once it goes to trial. The approach that best suits your case will depend on your circumstances. It is best to have a lawyer on your side who is experienced in Florida DUI law and will give you your best chance at having your case dismissed once your case is taken to court. Contact The Ticket Lawyers today to understand what our lawyers can do for you.

How many DUI Cases are Dismissed in Florida?

According to the Legal Dictionary, there are no centralized statistics regarding the amount of dismissed cases in Florida as a whole. However, there are some specific cities. For instance, in Orlando, roughly 40% of DUI cases are reduced to a reckless driving charge or are instead dismissed entirely. It is important to keep in mind that this number will always drop significantly if this is the second or third charge.

Call The Ticket Lawyers Today!

A DUI conviction can be extremely detrimental and can lead to a range of issues further down the line, often revolving around employment. Therefore, it is important to consider hiring an experienced defense attorney as soon as possible. Contact The Ticket Lawyers law firm today to discuss your case and so that you can better understand your options, i.e., whether or not you should plead guilty, and if so, what can be done for you.

Our law firm offers a free no-obligation consultation with our dedicated DUI attorneys who will be able to go over the details of your case and examine a potential defense strategy. Call us today on (855)-323-8488 to get your legal journey with us started.

What is Worse, a DUI or Reckless Driving?

What is Worse, a DUI or Reckless Driving?Facing a DUI charge can be an overwhelming experience. Not only do you have to worry about the short term impacts of fines and jail time, but you are also staring down a life-long stain on your permanent record.

Luckily, it may be possible to have DUI charge downgraded to reckless driving, which carries the possibility of the record being sealed or expunged. Our law firm has over 75 years of combined experience fighting DUI charges, with many success stories under our belt.

For more information, contact The Ticket Lawyers for a free consultation on (855)-323-8488. Our telephone lines are open 24 hours a day, seven days a week.

Florida DUI Statistics

In the year 2018, according to the Foundation for Advancing Alcohol Responsibility, over 32,000 drivers were arrested for operating their vehicles under the influence of alcohol or drugs.

Is a Reckless Driving Charge Better Than a Drunk Driving Charge?

While both reckless driving and driving under the influence carry serious consequences, there are several reasons why DUI charges are worse than a reckless driving case.

In Florida, drunk driving carries more severe penalties both in the immediate term and long-term. However, both charges are likely to incur fines and possibly jail time.

The reasons why a reckless driving charge is preferable to a DUI charge are:

  • While a difficult process, it is possible to have a reckless driving charge sealed or expunged from your driving record. The same is not true of a DUI. A DUI case will remain on your driver’s license and record for an entire 75 years, which, when the legal driving age is considered, is essentially a life-long sentence.
  • It is possible to avoid a conviction for reckless driving. However, a DUI conviction is a mandatory conviction and cannot be avoided.
  • The fines for reckless driving are less severe. Reckless driving can amount to a fine, which ranges between $25 and $500 for a first-time offense. A DUI charge can result in fines of between $500 and $2000, depending on the blood alcohol levels and the presence of a minor in your car at the time of the offense.
  • The levels of stigma for the two offenses are not the same. As a DUI can only be drug or alcohol-related, it is often the case that friends, family, and employers will shun or shame the offender.

All of the above is why it is preferable for your criminal defense attorney to attempt to get your driving under the influence case downgraded to one of reckless driving or a wet reckless. However, this is a tricky process requiring a skilled and experienced DUI attorney.

Luckily, here at The Ticket Lawyers, our team has over 75 years of combined experience in downgrading drunk driving charges. This can be achieved by negotiating with the prosecutor before the trial, which would lead to a DUI conviction, or as part of a plea bargain. If you have been involved in an alcohol-related offense, get in touch with us as soon as possible. Time is of the essence for an attorney to lessen your potentially life-long penalties.

Can a DUI Be Changed to Reckless Driving?

As covered briefly above, it is possible for a skilled criminal defense attorney to get your DUI reduced to reckless driving or wet reckless charge through either negotiation with the prosecutor or a plea bargain.

The main factor which will influence the decision of the prosecutor is the likelihood of them achieving a guilty verdict for a DUI conviction in court.

There are, however, other considerations which your attorney may use to sway the prosecutor. These are as follows:

  • The details contained in the arresting officer’s police report. You are more likely to receive extra consideration if you are polite and cooperative.
  • Any concerns with breath test results may assist in downgrading your charge.
  • As above, so will any concerns about the legality of the traffic stop, arrest, or subsequent detention.
  • The defendant’s criminal record may also have an impact.
  • Other aspects of the defendant’s life will be considered, such as their career and education.
  • The reputation of the defendant’s attorney in the legal community will also have an impact, which is why it is so important to consider a reputable law firm to defend you from your alcohol-related charges.

A worthwhile DUI attorney will always try their hardest to get a DUI downgraded to either reckless driving or a wet reckless, as these carry less severe penalties.

Does Reckless Driving Come off Your Record?

Much like a DUI, reckless driving will stay on your record for 75 years. However, with reckless driving, there is the chance for your lawyer to get this charge expunged or sealed in the future in order to stop it from impacting your chances of future employment.

There are two methods with the potential to get reckless driving removed from your record. These are getting your record expunged or sealed. These are only an option if you have only been charged for the crime of reckless driving and not convicted.

The agency which decides whether or not you are eligible for these is The Florida Department of Law Enforcement. In order to successfully complete this complex process, you will need the help of a talented and experienced attorney. You only have one opportunity for this process, so it makes sense not to take any chances.

A sealed record means that the record will be inaccessible to the vast majority of the public, with the exception of certain governmental entities. This means you will gain plausible deniability when searching for employment, which is something that a DUI can seriously hinder.

An expunged record is even more comprehensive. These will not be able to be viewed by anyone, unless by special court order.

Will a DUI Ruin Your Life?

Receiving a DUI conviction can be an incredibly scary process, not only do you have to contend with the possibility of a large fine and jail time, but you also have your permanent record to worry about.

It is true that a DUI conviction will make it harder for you to seek employment, as it will be present and visible on your record. It may also make retaining your current job harder if you rely on your vehicle for transport, as a license suspension will prevent you from commuting in the same way.

However, there are certain things that a DUI attorney can do for you in this regard. They will be able to help you fight to have your license reinstated or help you apply for a hardship license. However, these opportunities will no longer be available to you after your second DUI.

Contact The Ticket Lawyers Today

If you are facing a DUI and would like to inquire about the possibility of having the charge downgraded to reckless driving, contact The Ticket Lawyers today.

We offer no-obligation free consultations, and our telephone lines are open 24 hours a day, seven days a week. To find out about the possibility of downgrading your charge to reckless driving, call us on (855)-323-8488.