DUI – Mastrogiovanni

Driving Under the Influence

If you have been charged with driving under the influence, you’ll have to think quickly in order to preserve your license. That’s because there are just 10 days to challenge the administrative suspension of your driver’s license. And the consequences are serious. Failure to challenge the suspension means that the DUI will remain on your permanent record for 75 years.

Helping you to drive your life forward

We want to keep you driving, so we will fight your DUI by conducting a thorough examination of the evidence. Our goal is to have the charges dismissed or reduced so that your license won’t be revoked.

Let us start by filing the proper legal documents with the DMV. Often you’ll have your temporary license the same day.

Next, we will file pleadings of not guilty in your criminal case and begin to gather that all-important evidence in order to ruthlessly challenge your DUI. In most cases, you will not have to appear in court, as we can appear on your behalf on the court date and excuse your absence. We understand that this means you can focus on work and other commitments, with your schedule uninterrupted.

Finally, we can file motions to suppress evidence or dismiss if appropriate.

Getting your life back in gear

Not all lawyers are trained DUI lawyers. Michael have years of experience in aggressively fighting charges and defending those who need someone to stand up for them, so you could say we’ve been down this road before. We treat you with care and compassion. Let us help you. Our free consultation will allow us to start planning how we can beat the clock and get your DUI reduced or dismissed.

GET A NO COST CONSULTATION

First offense DUI and DUI refusal

The Administrative Side of DUI

One of the most crucial point in your case is dealing with your potential driver’s license suspension. This is a point of confusion for many arrested for this offense and even lawyers who do not understand how to properly fight a DUI charge. If arrested for DUI and you have provided a sample above the legal limit of .08 or if you refuse to provide a sample of your breath, urine or blood, your license is to be taken and forwarded to the Florida Department of Motor Vehicles or DMV. You only have 10 days following your arrest to challenge this suspension and if you fail to challenge this administrative suspension with the DMV, the DUI suspension will remain on your driving record for 75 years.

Q. I didn’t know that I only had 10 days to challenge my administrative license suspension; can I just explain this to the DMV?

A. NO, ignorance or a misunderstanding of the law will not excuse you from the 10 day timeframe. There are defenses available in certain circumstances that can excuse you from not filing in time, contact our office for further details.

Q. What happens if you win the DMV administrative hearing?

A. If your administrative suspension is invalidated then your driver’s license will be reissued and the suspension will be removed from your driving record. This will save you from higher insurance premiums, inability to rent a car and many other negative effects of a DUI suspension.

If you lose your administrative hearing the suspension will remain on your driving record unless you appeal the decision. Suspensions for a first time DUI are 6 months if you provided a sample(s) as requested. If you refused to provide a sample the suspension lasts for 12 months for a first refusal.

Q. Can I get a hardship license to drive even though my license has been suspended?

A. YES, in most circumstances a hardship license will be available for first time offenders after a 30 day or 90 day period has passed from the date of your suspension.

The Criminal Side of DUI

Florida Statutes 316.193 & 316.1932 explains the criminal sanctions involved with driving under the influence. If you are a first time offender found guilty of DUI you may be subject to the following sanctions:

Mandatory conviction of misdemeanor crime
Fines ranging from $500-1000 plus additional fees
Up to 6 months in jail
DUI school and counseling
A revocation of your driver’s license for 6-12 months
50 hours of community service
Impoundment of the vehicle involved
Victim impact panel
Ignition interlock device
12 months of probation during which time you may not be able to drink alcohol, go to any establishments that serve alcohol and are subject to random testing
The penalties are enhanced if you provide a breath sample above a .15 and include an enhanced fine and mandatory ignition interlock device

Below are some of the most commonly asked questions when charged with DUI:

Q. I have been told the DUI will “fall off” my driving record after 3-5 years?

A. NO, this is a common misunderstanding of the law as the DUI will remain on your record for 75 years and can be used by insurance companies to inflate your bill, your employers to deny employment and by the State Attorney to enhance future DUI charges.

Q. I wasn’t read my Miranda rights, how will this affect my case?

A. Generally, the Miranda warning only applies if you have been placed under arrest and are being interrogated. This means the information you offer prior to an arrest is fair game to be used against you. There are certain exceptions and will vary on a case-by-case basis.

Q. I was not drinking and only had prescribed medication in my system, how can I be DUI?

A. You can be DUI on your own prescribed medication. If the medication impairs your ability to walk, talk, hear, observe and perceive what is happening around you. There are many defenses available to a DUI of this nature.

Q. I refused to provide a breath or urine sample how can the DUI be proven?

A. The elements of the crime of DUI can be proven in two ways, either by showing the presence of drugs and/or alcohol in your system or by showing you were impaired. Impairment is your ability to walk, talk, hear, see and follow instructions. When an officer requests that you do roadside tasks these can be evidence that you were impaired.

Q. What should I look for when hiring a DUI lawyer?

A. Ask the lawyer how many cases they have handled, how many cases have they taken to trial and what was the outcome. Most importantly, a DUI lawyer should know the answers to all of your questions on the spot. If there is any hesitation or uncertainty that should be a warning about possible inexperience with DUI cases. Moreover, if a lawyer promises you an outcome just to take your case ask him or her to put this down in writing and sign it…there are no guarantees in the law.

There are many available defenses to fighting and winning your DUI case. Finding the right DUI lawyer is the first step. Our clients can be assured that every case is handled with one goal in mind, providing the best possible outcome. Once you speak with DUI lawyer Michael Mastrogiovanni you will understand the difference. Not all lawyers are trained DUI lawyers.

DUI 2ND OFFENSE

Second DUI Conviction Within Five Years of First Conviction
	Minimum Penalty	Maximum Penalty
Fine*	$1,000	$2,000
* If BAC >= .15; Or a minor was in vehicle	$2,000	$4,000
Probation	One Year
Jail Time*	Ten Days	Nine Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	Ten Days	Twelve Months
License Suspsension	Five Years
Impoundment of Vehicle	10 Days; 30 Days if Second DUI Within five years
Ignition Interlock Device	For a Minimum of One Year
Other Penalties	Completion of DUI Counter Attack School. Substance abuse evaluation and completion of any recommended treatment.

Second DUI Conviction Outside Five Years of First Conviction
	Minimum Penalty	Maximum Penalty
Fine*	$1,000	$2,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	$2,000	$4,000
Probation	One Year
Jail Time*	Day of Arrest	Nine Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	Day of Arrest	Twelve Months
License Suspsension	Six Months	One Year
Impoundment of Vehicle	Mandatory Ten Day Period
Ignition Interlock Device	For a Minimum of One Year
Other Penalties	Completion of approved DUI Counter Attack School. Substance abuse evaluation and completion of any recommended treatment.

DUI 3RD OFFENSE

Third DUI Within Ten Years of First DUI Conviction
	Minimum Penalty	Maximum Penalty
Fine*	$1,000	$5,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	$4,000	$5,000
Probation	One Year
Jail Time*	30 Days	5 years in prison
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	30 Days	Twelve Months
License Suspsension	Ten Years
Impoundment of Vehicle	90 Days if Third DUI Within 5 Years
Ignition Interlock Device	Minimum of Two Years
Other Penalties	Completion of approved DUI Counter Attack School. Substance abuse evaluation and completion of any recommended treatment.

4TH DUI OR MORE

Charged as a felony
	Minimum Penalty	Maximum Penalty
Fine*	$2,000	$2,500
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	$2,000	$5,000
Probation	One Year
Jail Time*	Day of Arrest	Twelve Months
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle	Day of Arrest	Twelve Months
License Suspension	Permanent Revocation
Other Penalties	Completion of approved DUI Counter Attack School. Substance abuse evaluation and completion of any recommended treatment.

DUI WITH PROPERTY DAMAGE

DUI with Property Damage is a First Degree Misdemeanor

If convicted of DUI with Property Damage in Florida, the following penalties are required:

Up to twelve months in jail.
Up to twelve months of reporting probation.
Driver license revocation between 6-12 months
Minimum fine of $500, but no more than $1,000.
10-day impoundment or immobilization of the vehicle used in the DUI.
50 hours of community service.
Completion of a 12-hour DUI Substance Abuse Course.
Completion of a psychosocial evaluation to determine if Substance Abuse Treatment is required.
Completion of any recommended substance abuse treatment.

Enhanced Penalties for DUI with Property Damage

DUI with Property Damage is subject to enhanced penalties if the person either:

Had a breath or blood alcohol level of .15 or higher; or
Was accompanied by a minor at the time they were driving.
Increased fine of $1,000 – $2,000.
Mandatory placement of a 6 up to 12 month ignition interlock device.

Michael Mastrogiovanni

Lead Counsel

YOU CAN FINANCE 100% OF YOU CRIMINAL DEFENSE FEES

Our office works with several companies that will finance 100% of the fees to get our office involved. They will work flexible payment plans with no interest if paid within 6 months and flexible loan terms up to 2 years.