What does a consultation for a DUI really sound like? Well in my office the DUI consult goes like this:
1. We get a call from a potential client or from their family member that
a person has been arrested and charged with driving under the influence.
They are scared. They are confused. They don’t know what to do with
their drivers license. They have no idea how this is going to impact their career.
2. I meet with a DUI client in my office. Usually a family member comes
too. I explain to them all the inns and outs of a hardship license after
a DUI arrest. I help them get a hardship license if they’re eligible
or start the process of getting a DMV hearing, to challenge the administrative
suspension of their license after a DUI arrest.
3. I explain to the DUI client what I call “the puzzle,” my
job is a DUI defense attorney is to take pieces out of a puzzle that is
the state attorney’ case against the DUI client.
4. I explain to the DUI client what is it that the State of Florida has
to prove beyond and to the exclusion of every reasonable doubt in order
to convict them of DUI in Florida. Basically how the state builds the
puzzle. There are two elements that the State has to prove in every DUI
case. The first is that the person accused of DUI was either driving or
an actual physical control of a car. The second element is that the breath
alcohol level of the person driving was either above .08 or his or her
normal faculties were impaired. What does that even mean “impaired
faculties?” This is the person’s ability to talk, walk, operate
machinery, follow directions, etc. This is why in the report officers
note every possible sign of impairment, such as getting out of a car and
holding onto the door, the person couldn’t find the registration
and drivers license, the movements appeared to be lethargic, and of course
the standard bloodshot eyes, watery eyes, slurred speech and the smell
of alcohol. Those four are the favorite of DUI officers.
5. The main question during the DUI consult is how do I, as a DUI defense
attorney, take pieces out of that puzzle. Florida has a lot of DUI cases
and consequently there is a lot of caselaw on all sorts of issues. We
start to dissect every piece of the DUI case from the stop, questioning
whether or not there was even enough for the officer to pull the person
over to whether or not it was enough to get them out of the car or even
start a DUI investigation. I question whether the statements made by the
client will be admissible. I further look at whether or not DUI client
actually voluntarily consented to doing the Field Sobriety Exercises.
I question whether or not there was probable cause for a DUI arrest. The
list goes on and on. There is a lot to investigate and dissect.
The moral of the story is if you were arrested for a DUI don’t ever
think that it is a open and shut case for the State. That is not true.
Every single DUI case is different and there were so many issues that
can be brought up, so every case must be carefully evaluated and studied.
7. At the consult, we discuss what my fee is going to be for the DUI case
as it all depends on the case. I want to be able to help somebody avoid
a DUI conviction and I always work with people on a payment plan.