Florida Driving Under the Influence Defense Attorney Representing Those Charged with Drunk Driving in Volusia and Flagler County
Attorney Sam N. Masters, founder of Sam Masters Legal, is a former prosecutor and Volusia County DUI attorney with more than 35 years of criminal trial experience and knowledge. Mr. Masters has spent more than 20 years of his legal profession representing individuals arrested and charged with DUI throughout Volusia County and Flagler County.
When you have been arrested for DUI (Driving Under the Influence) in the state of Florida, it is important that you understand that you have two different cases being filed against you. The first is an administrative case and the other is a criminal case.
The administrative case is brought against you by the Florida Department of Highway Safety and Motor Vehicles. This administrative hearing occurs within a few weeks of your arrest and involves the potential suspension of your driving privileges. Florida law provides that you have 10 days from date of arrest to file for a hearing to fight for your right to keep your driver’s license pending the outcome of your criminal case. If you do not file for this hearing within this short time period, your license will automatically be suspended regardless of your criminal conviction for DUI.
Beginning July 1, 2013, there is added urgency to seek legal advice. The law now provides that you may be immediately eligible for a Business Purposes Only permit, if you have never previously had your license suspended pursuant to a DUI. However, by choosing that option, you will accept the administrative suspension of your driver’s license for six months if your BAC was .08 or higher and one year for a refusal. It is therefore more important than ever that you retain an attorney immediately after being arrested for a Driving Under the Influence charge, in order to make an informed decision as to your administrative options within the 10-day time period. A Florida DUI lawyer will file for a hearing to preserve your driving privileges and will also represent you at the administrative hearing. This is important because the outcome of that hearing may have a positive effect in the criminal case yet to come.
In the State of Florida, a blood alcohol level (BAC) of .08 or higher or a positive result for a controlled substance means that you can be arrested for driving under the influence (DUI). Florida DUI law does not require the prosecutor to establish that your driving was actually impaired but only that your BAC exceeded the legal limit. With a Florida DUI charge involving drugs, the prosecutor need not establish any minimum amount of drugs in your system but must establish that your driving ability was impaired. Florida DUI law also provides that you may be arrested and convicted for operating a boat while under the influence in the same way as a car, truck, motorcycle or SUV.
A Drunk Driving Conviction Can Permanently Affect Your Life
Sam Masters Legal offers a free initial consultation with Mr. Masters, a Daytona Beach DUI defense lawyer dedicated to review the details and facts surrounding your drunk driving case. Each DUI case has a different set of facts and circumstances that may allow for a proper defense to minimize your punishment and/or get the charges reduced or dropped altogether.
Many people are misled in the belief that simply failing a Breathalyzer test means that a person will be convicted of Driving Under the Influence. This is simply untrue. Sam Masters Legal has experience evaluating the circumstances of a DUI arrest and will carefully examine these details including the roadside test protocol, probable cause, and accuracy of the chemical sample. Sam Masters Legal employs experts to investigate every aspect of the DUI stop, investigation and arrest. Sam and his staff will thoroughly review all aspects to determine if your constitutional rights were violated during the arrest process.
The impact of a driving under the influence conviction on your criminal record is serious and may affect the rest of your life. You do not have to plead guilty and should consider fighting your DUI charges with the help of an aggressive Daytona Beach DUI attorney. At each step in the driving under the influence legal process, Sam Masters Legal will put his more than 35 years of experience to work for you by working to eliminate the DUI charges or minimizing the potential consequences of your DUI in order to protect your future. If you or a loved one has been charged with Driving Under the Influence, you can trust your legal defense to Sam, an aggressive defense attorney at Sam Masters Legal.