COMMONLY ASKED QUESTIONS AND ANSWERS

TYPE OF CASES MY FIRM HANDLES:

I handle many types of criminal cases including Drinking and Driving (DWI / DUI) and Traffic Offenses.

YOU SHOULD HIRE ME IF:

You want an experienced trial attorney who will personally handle your file. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.

IF YOU WANT TO TELL MY LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:

I will  personally communicate with you. If I am in Court when you call, you can leave a message with my receptionist. I personally guarantee you will hear back from me in 24-hours or less. My office phone is (321) 951-3400

MY CLIENTS WILL TELL YOU THAT:

My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition, my personal and regular contact with clients, availability and involvement with every aspect of the case allows me to obtain the most favorable results.

MY PHILOSOPHY ON HOW I APPROACH  EACH CASES IS:

Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.

IF YOU WANT TO LEARN MORE ABOUT MY FIRM YOU SHOULD:

Call for a consultation at (321) 951-3400, during which I can answer all of your questions.

Melbourne DUI / DWI

Have you been arrested for drunk driving or driving under the influence?
In DUI / DWI cases, the incidence of bad stops and unlawful arrest in Brevard County, Florida is significant. When you retain us as your DUI / DWI defense attorney, the first thing that we do is challenge the reason why you were stopped. If you have been charged with driving under the influence of alcohol, you need to be prepared before you appear before a judge. We will work to ensure the evidence against you is collected, preserved in a legal manner, and analyzed thoroughly. If this is your first arrest, we are going to work to attempt for you to keep your driver`s license. If it is your second offense, the work is different, in that the statutory guidelines change; but there is almost always a way to keep you out of jail. We will get you the best shot at being able to continue driving and avoiding jail time.

Representing Tourists Accused of Drunk Driving Throughout Brevard County
We can help you even if you don`t live here. If you are from the Midwest, but you were arrested in drunk driving (DUI / DWI) or any other crime in Cocoa Beach or any other city in Brevard County, legal advice from an experienced Brevard County drunk driving defense attorney is what you need. Trust your defense to a lawyer who regularly deals with the idiosyncrasies of the Brevard County Criminal system.

Florida DUI Law Highlights: BAC Levels and Implied Consent

State	"Per Se" BAC Level	"Zero Tolerance" BAC Level	Enhanced Penalty BAC Level	"Implied Consent" Law
Florida	.08	.02	.20	Yes

DEFINITIONS:

"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

Florida DUI Law Highlights: Selected Penalties

State	Administrative License Suspension/Revocation (1st/2nd/3rd Offense)	Mandatory Alcohol Education and Treatment/Assessment	Vehicle Confiscation Possible?	Ignition Interlock Device Possible?
Florida	6m/ 1y/ 2ys	Both	Yes	Yes

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

Contact Patrick Barbary at 321-951-3400 or toll-free 866-620-3523

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