DUI is a serious criminal offense under Florida law. Even a first DUI conviction results in a mandatory driver’s license revocation, expensive high-risk car insurance and a permanent criminal record. Hiring an experienced DUI lawyer is essential. We have defended all types of DUI cases. Our goal is to do whatever is necessary to avoid a DUI conviction. Once hired, we will:
- Help you immediately reinstate your driver’s license;
- Collect all government evidence including any video evidence;
- Find flaws in the police officer’s investigation;
- Identify any possible defenses, and
- Do whatever is necessary to avoid a DUI conviction.
Our Approach to Resolving Your Case
During a free consultation, we will consider whether the following options are available to you. Our goal is to do whatever is necessary to avoid a DUI conviction.
Dismissing the Charge
We can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitations defenses can also lead to a complete dismissal.
We can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was properly collected. We challenge the State’s case at every stage of the police officer’s investigation (stop, detention, arrest, statements, sobriety exercises, breath test results).
We can apply for your participation in a DUI pretrial diversion program. Your successful completion of the DUI diversion will result in a dismissal of all charges.
Avoiding a Conviction
We can negotiate with the prosecutor and the court in an effort to secure reduced charges and a “withhold of adjudication on a reduced charge.” This final disposition allows you to avoid a DUI, a formal conviction and points on your license.
Seeking a Reduced Sentence
We can present the court with background information and mitigating evidence that can result in a reduced sentence.
After your case is resolved, we can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully deny (with a few limited exceptions) that you have ever been arrested or charged with the crime.
Personalized Legal Representation
Bryce Fetter will personally handle all aspects of your case. You will be able to contact Bryce Fetter by phone, text or email at anytime with questions about your case. Your case will never be handed to a less experienced attorney as Bryce Fetter is the only attorney that will meet with you, return your phone calls or attend court with you throughout your entire case. Your DUI will get Bryce Fetter’s full attention.
Getting Your Driver’s License Back Today
If you have been arrested for DUI, you have 10 days to preserve your driving privileges. You must act quickly or face mandatory “hard-time” (no driving whatsoever). If this is your first DUI arrest, then you may benefit from a new law that will allow you to immediately reinstate your driving privileges to business purposes only status. You must (1) sign up for DUI school, (2) not hold a commercial driver’s license and (3) file a Request for Eligibility Review at the any local Bureau of Administrative Review (BAR) office listed on the back of your DUI ticket, all within 10 days following the date of your arrest. This will enable you to immediately reinstate your driver’s license. Call our DUI law firm and let us guide you through this process.
The Facts of Your DUI Case are Very Important
The police must be able to demonstrate a lawful basis to stop and detain you to conduct a DUI investigation. The Unites States Constitution guarantees that people be free from illegal police conduct. This includes illegal traffic stops, searches and interrogation. We can file a ‘Motion to Suppress’ to exclude any illegally collected evidence including police officer observations, field sobriety exercises and breath test results. Important questions that should be answered in any DUI case to determine if the police acted lawfully are:
- Is there any video evidence of this incident?
- Were you stopped and detained for a lawful reason?
- Did the police officer have the right to conduct a DUI investigation?
- Did you consent to a search of your person, property or vehicle?
- Were there witnesses to this incident?
- Is there a lack of evidence of a conflict in the evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
Representing You in Court
Your first court appearance is called an arraignment. This is when you will formally enter a plea to your DUI charge. If you retain us prior to your arraignment then we will enter a plea of ‘Not Guilty’ on your behalf and excuse you from appearing at your arraignment. We will collect all evidence in your case including police reports, witness lists, witness statements and all video evidence. We will thoroughly examine all reports and video evidence to uncover flaws in the State’s case. This includes challenging the reason that you were stopped, searched and arrested as well as the police officer’s observations, administration of field sobriety exercises and breath test. Our goal is to do whatever necessary to avoid a DUI conviction.
Florida Mandatory DUI Penalties
Florida Statute 316.193 sets forth the DUI penalties which include:
- Mandatory driver’s license revocation
- FR-44 high-risk car insurance
- the interlock device
- community service
- vehicle immobilization
- DUI fines, court costs, costs of prosecution and costs of investigation
- A permanent criminal record
Aggravating factors that can increase penalties:
- Breath test reading over .15
- Property damage
- Personal injury
- The presence of a minor in the vehicle
Total costs can far exceed $10,000 when higher insurance premiums are calculated and subsequent offenders face increased jail time, a longer driver’s license revocation, a mandatory interlock device and a DUI fine of up to $5,000.
We Defend all DUI Cases
Our goal is to help you avoid a DUI conviction on your permanent criminal record. Contact Bryce Fetter for a free consultation. In addition to keeping extended business hours, our office is open every Saturday. Call 407.740.7275 to speak directly with an aggressive and experienced DUI lawyer and former DUI prosecutor in Orange County, Florida.