Facing a DUI arrest is an emotionally charged and unsettling experience. The weight of this criminal case is compounded by the urgent need to act within ten days to protect your driving privileges in a separate administrative proceeding. Once released from jail, the daunting task of finding the right DUI defense attorney begins, and time is of the essence. The Law Office of Sean Clayton, PA in Fort Lauderdale stands ready to assist you.
The stakes are high, as a DUI conviction leaves an indelible mark on your criminal record. It cannot be erased or expunged. Furthermore, it triggers a significant increase in car insurance premiums and sets off a chain of costly indirect consequences that may persist for a lifetime.
To mitigate these dire repercussions, your best course of action is to engage an attorney who will challenge the administrative suspension of your driver’s license through a formal review hearing and vigorously defend against the criminal charges in court. Successfully avoiding a DUI or reckless driving conviction could make you eligible to seal or expunge your record, offering a glimmer of hope for a brighter future.
Consulting with a DUI lawyer provides valuable insights into your eligibility for diversion programs, guidance on fulfilling required sanctions efficiently, and an evaluation of whether contesting the charges aligns with your best interests. Let their expertise guide you through the legal complexities, ensuring informed decisions that serve your goals.
At The Law Office of Sean Clayton, PA, our dedicated team of attorneys specializes in providing vigorous defense for DUI Causing Injury cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.
Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.
Following a DUI Causing Injury arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases:
Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.
We strongly encourage anyone accused of DUI Causing Injury to consult with an attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney.
The State must establish three key elements beyond a reasonable doubt in order to secure a DUI conviction.
First, they must prove that the defendant either operated or the accused was in "actual physical control" (i.e. had the capability to operate a vehicle). This includes instances where the defendant was found in or on the vehicle with the keys in the ignition, even if their intention was to sleep off the effects of alcohol. However, if the vehicle was inoperable at the time of the alleged offense, the defense of inoperability may be invoked.
The second element pertains to the defendant's impairment due to the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be demonstrated in two ways: either by showing that the defendant's normal faculties were impaired, or by establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.
To determine impairment of normal faculties, the police often administer field sobriety exercises. These tests are designed to detect any minor slip, slur, or misstep that may indicate impairment. Although officers claim that these exercises are not pass/fail, they are trained to scrutinize any perceived mistakes made by the defendant.
The term "normal faculties" encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem incredulous, but the police rely on these roadside assessments to determine a person's impairment. Furthermore, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, including falling asleep, are recorded and can be used as evidence against them during trial.
Finally, the State must prove that the accused caused or contributed to causing injury to a person. This can be any person can even be the defendant themselves for purposes of the charge.
Mounting a DUI defense demands in-depth technical expertise and litigation skills. It stands as one of the most diverse areas of legal practice, encompassing challenges related to technology, procedural intricacies, and legal principles—each contingent on the revelations during the discovery process. To narrow down potential defenses in your specific case, consider scheduling a consultation with one of our experienced DUI lawyers in Fort Lauderdale. Our services extend to clients in Broward, Miami-Dade, and Palm Beach County
After your arrest, the officer will confiscate your driver’s license and issue you a 10-day driving permit. If no action is taken during this period, your driver’s license will face suspension based on whether you took the breath test or refused it:
Breath Test: If you took the breath test and registered a blood alcohol concentration (BAC) above 0.08, your Florida driver’s license will be suspended for six months, with a mandatory 30-day hard suspension.
Refused Testing: If you declined to take the breath, blood, or urine test, your Florida driver’s license will be suspended for twelve months, with a mandatory 90-day hard suspension.
Option 1: Fighting an Administrative Suspension after a First DUI
Your first option is to, within ten (10) days, request a Formal Review of the suspension. By making this request, you will be granted a 42-day driving permit, allowing you to continue driving while your attorney fights against the suspension.
If successful in the hearing, the suspension will be completely removed from your driving record, as if it never occurred. However, if the hearing officer upholds the suspension, your hard suspension period will commence.
Option 2: Waiving Formal Review and Requesting Review for Hardship License Eligibility
In certain circumstances, you may choose to waive the formal review hearing and instead request a hardship license following a DUI arrest in Florida. A hardship license provides limited driving privileges for essential purposes, such as work, school, medical appointments, or grocery shopping.
To obtain a hardship license, you must complete the necessary paperwork and submit it to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It’s crucial to note that eligibility requirements and procedures may vary, so consulting with an experienced DUI attorney is highly recommended to navigate this process effectively.
Your attorney can guide you through the application process, assist in gathering the required documentation, and present a compelling case to increase your chances of obtaining a hardship license. They will advocate for your needs and work towards securing the best possible outcome for your situation.
Keep in mind that a hardship license is not immediately available after a DUI arrest. There may be a waiting period or other conditions that must be met before you can apply. Understanding the specific requirements and adhering to the necessary steps is crucial to ensure a smooth and successful application process.
A DUI Causing Injury is punishable as a first-degree misdemeanor, but it carries a unique set of penalties that are not imposed for other types of misdemeanors. Also, judges tend to take cases wherein someone is injured very seriously and may require harsher terms.
The following are potential penalties for a DUI Causing Injury conviction (first DUI conviction):
If you have been arrested for a DUI Causing Injury offense in Fort Lauderdale or South Florida it is crucial to consult with a South Florida DUI lawyer at The Law Office of Sean Clayton, PA. They can provide guidance based on the specific details of your case and help you navigate the legal process to minimize the typical penalties.
* Business Purposes Only or Employment Purposes Only Reinstatements: If you want to reinstate your driving privileges for business or employment purposes, you must complete DUI school and apply for a hearing for possible hardship reinstatement.
For CDL holders, pleading guilty or no contest to a DUI in a non-commercial vehicle results in a one-year administrative disqualification as a consequence of the first DUI plea. A second or subsequent DUI conviction will permanently render the driver ineligible to operate a commercial motor vehicle.
During the disqualification period for driving a commercial motor vehicle, there are no provisions for obtaining a hardship license to operate any type of commercial vehicle, whether it’s for business purposes or employment.
It is difficult to know how to choose the best DUI lawyer for your case. You may find dozens listed in your area. On top of that, there's no way to know if you are getting the best price. First, it is important to understand that all those advertising as DUI lawyers in Fort Lauderdale should be listed Florida Bar attorneys. You can start with the comfort of knowing that they have at least met the State's competency requirements to practice law. To that extent, I trust many of my colleagues. Beyond that, you can look to experience, reviews, and results when looking for the best Fort Lauderdale DUI attorney for you. The Law Office of Sean Clayton, P.A. has written a guide, which can be found below, to help find your DUI lawyer.
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