I’ve been arrested for a DUI or BUI
What should I do? What are my options?
You need to contact an attorney within 10 DAYS!
You should immediately contact an attorney that specializes in DUI & BUI cases. Michael R. Ohle is an experienced, trusted attorney on the east coast of Florida. Michael Ohle will present you with your options and present your case on your behalf, in order to provide you with the best possible outcome.
DUI | BUI Penalties if Convicted
why you should hire a lawyer immediately!
Michael R. Ohle
Trust a Qualified Professional
If you are charged with a Driving or Boating Under the Influence (DUI/BUI) offense trust a qualified professional. The Florida DUI Team has over ninety (90) years of combined experience handling criminal cases.
The Team is formally trained in the art of DUI defense. Properly defending a DUI case, requires employing a former DUI law enforcement officer as your licensed investigator to assist us with your defense. Our investigation begins with a survey of the scene, to include photographs and video surveillance of the area, to review the basis for the alleged traffic stop through the breathalyzer results.
We thoroughly review the breath test operator’s log in effort to determine whether the breathalyzer machine was functioning properly. We speak to all necessary and vital witnesses in your case to include; lay witnesses, law enforcement officers, doctors, and expert witnesses (if necessary). After a thorough and competent investigation of your case we review all of your evidence with you and together we develop a legal plan of attack (“Battle Plan”) for your particular case.
DUI MYTHS | Are there ways to sober yourself up before you drive?
Ha. Tell us another one! Drinking a lot of coffee after drinking too much alcohol may, however, increase your discomfort through the need to use the bathroom while being transported to the jail on DUI charges. Only time reverses impairment.
Eating mints will not affect your BAC level since it isn’t the smell of your breath, but the alcohol content, that’s measured. Using breath mints, however, may earn you points with the arresting officer if you normally have bad breath.
Ha. Sure, police are really fooled when they see a combination of erratic driving behavior and powerfully minty breath. Yep, that one fools us every time. Get real.
That story has been around since before your grandparents were born. The only relation we’ve seen between what you eat before drinking and your drunkenness is that the more you drink, the more likely we are to find what you ate on your shirt, or on the floorboard of the patrol car.
How much you have eaten, and how recently, may have a small effect on how quickly or slowly the alcohol you consume will enter your bloodstream — but it won’t stop the alcohol from entering. If you drink too much, you will become intoxicated. There may be, however, a direct correlation between the size of your meal and how much of your meal may be found later in patrol cars and jail cells.
Splash away! And by all means, take a cold shower. It may make you cleaner, but it won’t sober you up or make you a safe driver. The deputies at the jail, however, prefer clean drunks and recommend showering prior to doing anything that will lead to your arrest, such as driving after you’ve been drinking.
Exercise won’t sober you up any faster, but feel free to run around the block as many times as you like. The deputies at the jail ask us to remind you to shower after your long run and before you drive a car.
Party-goer, beware. Fruit juices have the ability to mask the taste of alcohol. A fruit “punch” can contain a substantial amount of alcohol without the taste of the alcohol being noticed — but it will make you just as drunk as alcohol which you can taste in another kind of drink. A mild-tasting cup of punch at a party may contain more alcohol than any normal drink you would buy at a bar.
Nothing sobers up a drinker except time.
Important issues to consider in your defense:
- Whether the law enforcement officer had probable cause to stop your vehicle.
- Your performance on the Field Sobriety Exercises. (Most Likely Captured on Videotape)
- Whether the law enforcement officer properly read the instructions to you.
- Your surrounding area, to include your physical attributes and prior injuries.
- Whether the officer issued a Miranda Warning to you before you made a statement.
- The Breathalyzer machine log and reports.
- The results of the Breathalyzer reading in your case.
- Conflicts in the evidence.
These and other factors are utilized by both the Defense and the Prosecution to determine the strengths and weaknesses of your case. After we gather all of the evidence, we develop a battle plan tailored to your particular case and facts.
Why Choose a Qualified Attorney?
A DUI conviction can be a devastating experience. A conviction can cause you to lose your freedom of mobility and drastically affect your ability to earn an income.
Even a first time conviction in the State of Florida carries a six (6) month loss of your driving privileges, a year probation, up to a $1,000.00 dollar fine, DUI School, alcohol evaluation and treatment, a victim impact panel and a 10 (ten) day vehicle immobilization.
It is important to note that in a DUI case, the DHSMV and the criminal court are prosecuting you simultaneously and are trying to take away your license to operate a motor vehicle. Administratively, the DHSMV is seeking to suspend your license just because you were arrested for a DUI offense, while the criminal court is seeking to suspend your license as a result of a DUI conviction.
If you retain us within the first ten (10) days of your arrest, we will represent you at your DHSMV hearing in effort to retain your drivers license. The Team of OHLE & OHLE will zealously defend you throughout every stage of the DHSMV and criminal proceedings. The Team has tried several hundred cases and look forward to successfully resolving your case. Upon preparing a battle plan together we will strive to obtain your desired results. If it is necessary, we will work with the State Attorney’s office in effort to reduce your case to a reckless or careless driving in lieu of trial.
Q & A | Charged with a DUI in Florida
Yes, it is possible for a first-time DUI charge to be dismissed in Florida, but it’s not guaranteed. The outcome largely depends on the specifics of your case, including the evidence the state has against you, procedural issues, and whether any constitutional rights were violated during your arrest.
If you want to get your driver’s license back after a DUI arrest you need to act quickly! You only have ten days to act before you lose your driving privileges for an extended period. The first thing you need to do to avoid a permanent driver’s license suspension is contact an experienced criminal defense attorney.
A first-time DUI conviction in the state of Florida typically results in a fine of up to $1,000, six months imprisonment, license suspension for up to six months, and fifty hours of community service.
Unlike in some states, jail time is uncommon for a first-time DUI offense in Florida. A first-offense conviction can result in penalties such as misdemeanor probation, DUI school, fines, and license suspension. However, jail is only typical in certain Florida counties or if other factors exacerbate the crime.
In some cases, your DUI case may be available for dismissal and subsequent expungement with your participation in a state-approved pretrial intervention program. If you meet any of the following criteria, you may be eligible for this program: First-time offender. Only one previous conviction for nonviolent misdemeanor.
A first DUI may be classified as a felony in Florida if it results in serious bodily injury or death to another person. Additionally, if the driver had an extremely high BAC, or if there was a minor in the vehicle, these factors could also elevate the charge to a felony level.