Top 2 Mistakes Police Make on DUI Arrests in Florida

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We defense attorneys love it when the police make mistakes on a DUI case, because the more mistakes they make–the better your case will be. Entire books have been written about the sort of things that can go wrong for the police on DUI cases, but for today, we’re going to oversimply things and boil it down to two major problem areas for law enforcement.

What to do Right After a DUI Arrest in Florida

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Here in Florida, going to jail for a DUI is just the beginning of the ordeal. Once you’re out of jail, there’s lots of homework that needs to get done. First off, a DUI arrest usually leads to a suspension of your driver’s license for either 6 months or a year. In this video, we’re going to talk about what needs to be worked on once you bond out on a DUI.

DUI Diversion, The Basics by John Guidry

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Criminal defense attorney, John Guidry, discusses DUI diversion programs. A DUI diversion program is an option for offenders to take that requires them to jump through various hoops in order to have their charges dismissed. In Central Florida, however, these programs are extremely selective. For example, if your DUI involved you getting into an accident, you will not be selected. If your case involved vehicle safety issues, you will not be selected. Additionally, any past offenses (including the teen court) will not allow you access to the program.

DUI First Offender Program in Seminole County

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Criminal defense attorney John Guidry discusses a new DUI First Offender Program instituted in Seminole County. Eligible to people for their first offense,
the program won’t drop the DUI charge, but it will reduce it to a “reckless driving alcohol-related” charge. The program separates offenders into two tiers depending on their Blood Alcohol Level.

Tier one is for people that blew under a 0.15 BAL. They will have their DUI dropped to a reckless driving charge, they will receive a withhold of adjudication,
they will be required to do 6 months of probation, as well as participate in DUI school, the victim awareness program, 20 hours of community service, and
pay around $500 in fees.

People in tier two will have blown over a 0.15 BAL. These people will receive the same benefits as tier one, however, they will have to serve 9 months of probation, participate in DUI school and the victim awareness program as well as serving 50 hours of community service, not 20. Finally, they will have their vehicle impounded for 10 days.

The DUI programs can be tricky, but they are worth it to seal your case. If you would like assistance manipulating these programs contact a criminal defense
attorney at the Law Office of John Guidry.

Can I Get a DUI Without Ever Driving the Car?

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Criminal defense attorney John Guidry discusses if you can get a DUI without driving a car. The answer is yes, but John describes how this isn’t always the case. Cops can arrest you for a DUI as long as you are in actual physical control of the car. If you’re drunk and sleeping it off in your car, make sure your keys are far away. John emphasizes that car key location is extremely important and can help prove you aren’t in physical control of your car.

How to Reduce a DUI to a Reckless Driving

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Criminal defense attorney John Guidry discusses how to reduce a DUI to reckless driving, or otherwise known as wet reckless or alcohol related reckless driving. John Guidry shares the penalties of reckless and how reducing a DUI to reckless driving is in most circumstances only available to a first-time DUI offender. John Guidry discusses the five factors of getting a DUI to reckless driving: the blow, the stop, the FSTs, the witnesses, and the programs. John Guidry also shares how reducing a DUI to reckless driving is negotiation with the state and how defense attorneys may file motions to help the case, such as Motion in Limine or a Motion to Dismiss.

The Top 3 DUI Myths in Florida by John Guidry

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Criminal defense attorney John Guidry discusses three DUI myths. First, the prosecutor doesn’t need to prove that you’re drunk. The prosecutor only has to prove that you were impaired while driving. Second, the prosecutor doesn’t have to prove that you were even driving the car. They only have to prove that you were in actual physical control, like having the keys while sleeping in your car. Last, you can get a DUI simply by riding a bicycle on the street while intoxicated. Not a motorized bike, but a regular bike. Unfortunately, the laws can seem unfair and confusing. If you’re facing a DUI charge, contact a criminal defense attorney at the Law Office of John Guidry.

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