DUI Defense

(Commonly referred to as DUI, Felony DUI, DUI Serious Bodily Injury, DUI Manslaughter or Drunk Driving)

Getting a DUI can be overwhelming. In Florida a DUI charge, regardless of whether is it charged as a felony or a misdemeanor, is without question the most indiscriminate criminal charge in Florida. Citizens from all walks of life find themselves charged with DUI and the Law Offices of Whittel & Melton is dedicated to fighting DUI cases in courtrooms all over Central Florida. DUI convictions can have grave repercussions on driving privileges and in some cases, could include jail or prison time. Our lawyers have fought DUIs that occurred as a result of auto accidents, at DUI roadblocks, in a golf cart or on a bicycle or after “routine” traffic stops. Drunk driving cases are serious and must be defended as soon as possible. Let us use our experience to ensure your rights are protected.

If you have been charged with a DUI, within 10 days of arrest, it is likely that your driver’s license will be administratively suspended for at least six months and/or confiscated by authorities. Generally, you only have 10 days from the date of arrest to contest this suspension-so you must act quickly to protect any rights you might have. Contact the Law Offices of Whittel & Melton online or call us Toll Free at 866-608-5529 immediately so that we can file the appropriate documents with DHSMV to protect your rights and defend your ability to drive in Florida. Time is of the essence.

A Florida DUI charge can take on many different forms. A DUI charge can come from impaired driving from use of prescribed or not prescribed medication, illegal drugs, alcoholic beverages or any combination of the three. One common misconception about DUI is that the prosecutor must show that the defendant was drunk when they were driving-in actuality, the state only has to show that the driver was over the legal limits of alcohol consumption, OR had drugs or alcohol in their system that impaired their “normal faculties” to prove their case against you. The state has a variety of ways to prove their case against a defendant. For example, the driver’s level of medications, drugs or alcohol in their system can be tested by breath tests, urine tests or blood tests. But, even if the State Prosecutors don’t have these “scientific” tests at their disposal, the state can enforce a DUI charge if a breath, urine or blood test is refused and the police officer believes, based on the actions of the defendant, that they could not maintain their normal faculties due to being under the influence of medication, illegal drugs, alcoholic beverages or any combination of the three. The law surrounding DUI can be confusing and complex, but attorneys at the Law Offices of Whittel & Melton are here to explain which laws apply to your case and work to be sure you get the representation for your unique situation.

Finally, the difference between a misdemeanor or felony DUI is based on several factors. First, if the DUI is a driver’s third DUI within 10 years or their fourth or subsequent DUI, the State can file a Felony DUI charge. Second, a Felony DUI can be charged if the injuries caused by the DUI resulted in a serious bodily injury or death (also called DUI Manslaughter).

In order for the State Prosecutors to obtain a DUI Conviction (Florida statute 316.193), they must prove, beyond a reasonable doubt, the following:

1. The accused was driving or controlling the vehicle.
2. When driving or controlling the vehicle, the accused:
   1. person affected by alcoholic or chemical substances, their driving ability was impaired.
      or
   2. blood alcohol level of 0.08 or higher

If you believe your DUI charge may fall into one of these categories, contact the Law Offices of Whittel & Melton online or call 1-866-608-5LAW (5529) immediately to schedule a consultation to determine how best to defend your case and your rights.