Can I refuse to take a breathalyzer or chemical test at a DUI stop?

Yes, you can refuse a breathalyzer or blood test if you’re stopped on suspicion of DUI. However, there’s a good chance you’ll automatically be charged with a DUI for refusing. Florida follows an implied consent law for breath or blood testing if a police officer suspects you’re operating the vehicle under the influence of drugs or alcohol. This means that by holding a Florida driver’s license, you tacitly consent to be tested. So, if you refuse, you may be going directly to jail. If this happens, call a Florida DUI defense lawyer right away, to help you protect yourself from the steep penalties the state imposes for DUI convictions.

Do I need a Florida criminal defense lawyer if I’m not guilty?

Yes! If you’ve been arrested, you need a legal advocate to help protect your rights and protect you from being wrongly convicted. A lawyer can ensure that your civil rights aren’t violated, like the right to remain silent in police questioning and the right of protection from unlawful search and seizure. A lawyer can help get you out of jail on bond, challenge your arrest, and bring evidence before a judge demonstrating that you did not commit the crime. Without a lawyer, you’re alone, facing the powerful Florida criminal justice system.

Is Florida drug court an option for me?

Maybe! It’s definitely something that your drug defense lawyer can help you explore. Drug court is an option for people who are charged with lesser offenses, like simple possession. Therefore, not an option for someone charged with felony drug trafficking or manufacturing, for example. The purpose of drug court is rehabilitation and sobriety, helping people make positive changes in their lives, stay clean, and keep out of trouble with the law. We’ll certainly help you learn more about this alternative to jail in your initial consultation.

What are some defenses that my Florida theft lawyer may use to help me?

The defense that your attorney uses may depend on your situation. We may assert that you did not intend to steal or did not know that the property you had in your possession was stolen. We could also contest the methods the police used to investigate; you may have been a victim of an illegal search and seizure or even mistaken identity. Other defenses we’ve successfully deployed include challenging the evidence itself. We investigate the case on our own and gather our own evidence to help exonerate you.

What kinds of crimes would a Florida federal criminal defense lawyer handle?

Federal crimes typically involve crossing state lines, such as credit card or wire fraud, mail fraud, or drug trafficking or manufacturing. Computer crimes and sexually-based computer crimes, like the dissemination of child pornography, are usually handled in federal court, as are many embezzlement or misappropriation of funds cases. Public officials charged with public corruption, including police officers, may also be tried in federal court rather than state court. It’s important to work with an attorney experienced in federal court, as the rules of evidence and criminal procedure differ from state rules.

Blog | Page 56 of 73 | StechLaw Criminal Defense

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Blog

6 Questions to Ask Before Hiring a Defense Attorney

Why Miranda Warnings Matter in DUI Cases

America’s Top State for Wire Fraud? Florida

Do Drug Trafficking Penalties Depend on the Type of Drug?

Caught on Camera? Why Video Evidence isn’t Always Allowed in Court

It’s Not Minor: DUI with Kids in the Car

How Prescription Drugs Can Impact Your Driving

Extradition Cases in Florida

Carrying a Concealed Firearm Without a Permit in an Airport

Ongoing Issues with PPP Loan Fraud

DUI in Tampa: Myths vs. Reality

Flying during Pandemic Sees Uptick in Gun Seizures by Airport Security

Video Resources

Can I get a DUI charge reduced or dismissed?

What does it mean to be a board-certified criminal trial lawyer?

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