DUI Cases in Hernando County, FL
The Traffic Unit of the Hernando County Sheriff’s Office conducts roadside investigations to determine if a driver is under the influence of drugs or alcohol. When a DUI arrest is made, the officers almost report observing an odor of alcohol, bloodshot and watery eyes, slurred or mumbled speech, and being unsteady on their feet.
If the officer suspects alcohol intoxication or drug impairment, the officer will begin a criminal investigation for DUI by asking the person to exit their vehicle. The person will then be asked to participate in a series of field sobriety exercises.
After the arrest, the officer will usually ask for a breath test. Then the person will be booked into the county jail to serve at least eight (8) hours in custody before being released on bond. If the officer suspects impairment from controlled substances, the officer might request a urine test.
Anyone brought to the hospital after a DUI arrest or crash might be subjected to a blood test. A person who submits to a breath or urine test also has the right to request an independent blood test.
Other local law enforcement agencies that conduct DUI investigations include the Florida Highway Patrol. If you were arrested for DUI, you need an attorney focused on the defense of these complicated cases.
DUI Attorney for Hernando County, FL
If you have been arrested for drunk driving (DUI) in Hernando County, FL, then contact us today to discuss your case.
During your initial consultation, we can discuss the facts of your case, explain the possible punishments and other consequences of a DUI conviction, and develop a strategy to fight the charges against you in Brooksville, Hernando County, FL.
Our attorneys are familiar with the tactics used by DUI enforcement officers in the local agencies in this area including the Hernando County Sheriff’s Office and the Florida Highway Patrol.
10 Days to Demand a Formal Review Hearing
Remember that you only have 10 days after your arrest to file a request for a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you fail to do so, you will not have any opportunity to invalidate the suspension of your driver’s license for at least six (6) months for a breath test reading over the legal limit of 0.08 or for at least one year for an alleged refusal to submit to the test.
If your driver’s license is administratively suspended in Hernando County, Florida, you may be able to apply for a hardship license after serving out any “hard suspension” period. During the hard suspension, you are not permitted to drive for any reason. during which you can not drive for any reason. If you took the breath test and blew over the legal limit, then a
If you took the breath test and blew over the legal limit, then a 30-day hard suspension will be imposed for a first DUI. If you refused to take the breath test, then at least a one-year suspension will result.
After July 1, 2013, a first-time offender is now eligible to apply for a waiver review hearing for immediate reinstatement. The immediate reinstatement might allow you to avoid the 30-day hard suspension for a breath test case or a 90-day hard suspension for a refusal case. However, if you apply for immediate reinstatement then you must forever waive your right to contest the administrative suspension during a formal review hearing.
The new rules that took effect on July 1, 2013, also resulted in more people winning their administrative suspension hearings because now if the arresting officer or breath test operator fails to appear at the hearing, then you automatically win the hearing. Even if everyone shows up to the hearing, there are many other reasons why you might prevail in invalidating the administrative suspension.
Challenging the Administrative Suspension with a Formal Review Hearing
Hiring an attorney early in the process allows you to fight the administrative suspension of your driver’s license. At the formal review hearing, your attorney can subpoena all of the law enforcement officers that were involved in your arrest. Other witnesses can also be forced to testify, including the breath test technician and civilian witnesses.
Your DUI attorney for Hernando County can also subpoena records related to the officer’s training and calibration of the breath machine. Additionally, your attorney can question these officers under oath to lock them into their testimony, and explore defenses that can later be used at trial.
The testimony can later be used to prepare motions to dismiss, or motions to suppress or exclude evidence during your DUI trial in Hernando County, FL. This formal review hearing is particularly important in misdemeanor DUI cases because your DUI attorney does not normally have the opportunity to take a deposition of the officers involved in your arrest before a motion hearing or trial.
For many, the formal review hearing is the most important part of the DUI case. The hearing takes place within 45 days of your arrest, so it is important to act quickly after a DUI arrest to preserve this important avenue of attack.
Motions to Suppress and Motions to Dismiss the DUI
In many DUI cases in which a viable motion can be filed, the best results occur after your attorney has filed a motion to suppress or exclude evidence, or potentially a motion to dismiss. Learn more about potential defenses that may apply to your DUI prosecution by contacting an experienced DUI lawyer who is experienced in fighting cases in Brooksville, Hernando County, Florida.
Many individuals arrested for DUI in Hernando County with a breath test reading over .08 believe that it is impossible to win at trial, particularly if they have a high blow over .15. Many of these cases are reduced after putting up an aggressive fight to show that the test result reading are inaccurate. Our DUI attorneys take a scholarly approach to attacking the Intoxilyzer 8000, the machine currently used in Hernando County.
We can file motions to obtain repair reports and maintenance records for the breath test machine used in your case. We conduct a complete audit of the machine to demonstrate problems with the accuracy and reliability of the machine used in your case.
Problems with Breath Testing at the Hernando County Sheriff’s Office
Find out more about newly discovered evidence showing serious problems with the alcohol testing program at the Hernando County Sheriff’s Office. This scandal impacts DUI convictions between August of 2010 and May of 2011 which may be reversed after the abrupt resignation of Hernando County’s breath test operator and agency inspector.
Find out more about the former breath test operator’s status as an “independent contractors” with a confidentially clause written into her contract.
Criminal Courts in Hernando County – Visit the website of Doug Chorvat Jr., Clerk of Court and Comptroller in Hernando County, FL, to find information on the criminal courts at the courthouse in Brooksville, FL. Learn more about tracking any felony or misdemeanor case by searching with the name or case number. Contact the Clerk of the Circuit Court to obtain the final disposition of any criminal charges in the county of Hernando.
Arrest and Jail Records from the Hernando County Sheriff’s Office – Visit the website of the Hernando County Sheriff’s Office to find information on current inmates at the jail, as well as other arrest and booking information. Even if you immediately bond out of jail after a DUI arrest, you will still be held in custody for at least eight (8) hours. Florida law requires that all persons arrested for DUI / BUI must remain in custody for a minimum of 8 hours from the time of the arrest.
DUI School in Hernando County – The West Central Florida Driver Improvement, Inc. (WCFDI) is the only Department of Highway Safety and Motor Vehicles licensed Driving Under the Influence Program within Hernando County. Since 1985, it has served the entire Fifth Judicial Circuit. You can begin the process for enrollment in DUI school online.
HCSO Traffic Unit for DUI Enforcement – The HCSO Traffic Unit includes ten (10) Traffic Deputies, a Traffic Public Service Technician, and a Sergeant. The goal of DUI enforcement efforts is to reduce the number of traffic-related fatalities and injuries. The Hernando County Sheriff’s Office Traffic Unit will increase traffic enforcement efforts on several main roads throughout the county during 2018. During these traffic enforcement operations, officers will be using both marked and unmarked vehicles to conduct DUI and narcotics enforcement.
Finding Criminal Defense Lawyers for Brooksville, FL
Contact the Sammis Law Firm today to fight out what steps you must take in the 10 days after your arrest to preserve all of your options for the best result in your Brooksville, FL, driving under the influence or drunk driving (DUI) case.
Find out how our criminal defense attorneys for Hernando County, FL, can help you fight the serious criminal charges pending against you,
This article was last updated on Friday, July 24, 2020.