FAQ

When should I hire a Fort Lauderdale DUI attorney?

You should hire a Fort Lauderdale DUI attorney as soon as you have been charged with a Fort Lauderdale DUI. You might also want to hire a Fort Lauderdale DUI lawyer if you are being questioned or held regarding an alcohol-related crime. Make sure your rights are protected. Do not rely on law enforcement officers or prosecuting attorneys to protect your rights. Contact Musca Law’s defense team. We have your best interests in mind.

Do I need a DHSMV hearing?

In the State of Florida, there is an administrative process that takes place alongside the judicial process. Your Florida Department of Highway Safety and Motor Vehicles (FDHSMV) administrative hearing regarding your driver’s license is handled separately from your criminal case. You must act quickly. After your Fort Lauderdale DUI arrest, you only have 10 days to schedule one. A Fort Lauderdale DUI lawyer can represent you at this hearing and can help you get the best possible outcome.

What’s the difference between a BUI and a DUI?

The law regarding driving while intoxicated (DUI) and boating while intoxicated (BUI) are similar. Because the State of Florida has so many navigable waters, it has a separate Florida Code violations for drunk boaters and drunk drivers of vehicles. The legal blood alcohol content (BAC) limit for both charges is .08. Penalties escalate if anyone was injured or killed as a result of the incident.

What are the penalties for my first DUI conviction?

DUI penalties vary for each conviction and with the individual circumstances of each case. Your vehicle is automatically impounded for 10 days. For your first DUI conviction, you may be fined up to $2,100, plus costs for court and prosecution, with up to 12 months in jail. The mandatory minimums are 6 months probation, 50 hours of community service and 6 months driver’s license suspension. Other requirements include random testing, a victim impact panel and no possessing or consuming alcohol.

Can I apply for a hardship license if my driver’s license was suspended for DUI?

A hardship license allows you to drive to and from school or the office and in certain household situations. The restricted privilege is granted by a judge on a case by case basis, and only when certain requirements are met. A Fort Lauderdale DUI lawyer can advise you if your when you are eligible to apply.

What is an interlock ignition device and will I need one?

After you have been convicted of DUI and served any sentence imposed by the courts, you may be required to participate in the Florida Interlock Ignition Program. This device is installed on each vehicle the convicted driver owns and/or regularly operates. Anyone driving must supply a breath test each time they attempt to drive the vehicle and again during vehicle operation. Failure to successfully do so results in a program violation.

How long will I have the interlock ignition device on my vehicle?

Depending on the circumstances of your individual case and the number of convictions you have had, participation in the Florida Interlock Ignition Program can last from 6 months to 2 years, depending on the judge’s decision. The device must be installed at a designated shop and calibrated each month. Failure to comply results in a program violation.

What types of DUI charges does your firm defend?

Musca Law defends all types of DUI cases. Manslaughter, boating while intoxicated, juvenile DUI, commercial vehicles and controlled substance are just a few. We will help protect your rights throughout the process and get you the best possible outcome. Contact our Fort Lauderdale office today to set up an appointment for a free consultation by phone or in person.

Do you cover criminal cases outside of DUI?

Yes. We also handle all types of criminal felonies and misdemeanors. We defend them as expertly and aggressively as we defend Fort Lauderdale DUI cases. This includes charges regarding traffic violations, theft, white collar crimes, drug possession and trafficking, sex crimes and murder. If you have been charged with a single crime or have multiple charges pending, we can help.

What Happens After A DUI Arrest?

What Happens After A DUI Arrest?, After you are arrested on charges of DUI, you are required to pay a bond for securing bail. You can pay the full amount of the bond or appoint a commercial bail bondsman to pay the sum on your behalf. If the latter is the case, you are required to pay a percentage of the bond money to the bondsman as a non-refundable fee. In case you pay the bond amount, you are liable to get a refund of the entire amount if you are acquitted by the Court. In case somebody other than the bail bondsman pays the amount, you are advised to have the individual assign the rights of the bond to you once he gets reimbursed. This entire process of assignment is conducted efficiently by a Fort Lauderdale DUI Lawyer.

After you are arrested, you will be notified through a mail about the date fixed for appearing at the Court. At the time of your appearance at the Court, you will be required to file a plea of either guilty, not guilty, or no contest. It is always advisable to plead not guilty as you may affect your chances of contesting the evidence, the right to file motions, and exert your rights. By pleading not guilty, you are entitled to be represented by an Attorney who will investigate whether your rights were violated by the Police. The Defense Counsel is given adequate time to investigate all that occurred prior to the arrest, so that they can defend the accused. An experienced Fort Lauderdale DUI Lawyer will proceed with the motion to suppress evidence before your DUI trial. The issues raised in the motion to suppress evidence include whether your rights were violated, the Police Officers had sufficient cause to arrest you, whether your statement was in violation of the Miranda Rights, or the samples of your urine or the breath test was properly conducted.