Law Offices of Gilbert & Smallman
Law Offices of Gilbert and Smallman Experienced Trial Lawyers
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DUI FAQ

Miami DUI Lawyer – Fort Lauderdale Criminal Attorney

Scales of Justice

I.What do I do if a friend or family member was just taken to jail for DUI?

You should call a bail bondsman or an attorney. Most attorneys know a bail-bondsman they trust to help their clients and their families get their loved-one out of jail. Most bail bondsmen will accept 10% payment of the total bond amount set by the Court.

First Appearance Court-If your loved one remains in custody for 24 hours, he/she will be taken before a Judge to set bond. A standard bond for a DUI can be as low as $500.00. For lesser offenses, the Judge may release the offender without requiring a bond to be paid.

II.Am I facing Jail-time?

Yes. A DUI offender is facing up to 180 days in County Jail. Other circumstances, such as multiple DUI’s in an offender’s criminal history, may increase jail penalties.

III.What happens once I am out of Jail?

You now have Two Battles on your hands. The battle to keep your license and the battle to keep your freedom and a DUI conviction off of your record.

A. The DMV and Your Suspended Driving Privileges

  • 1. Your DUI traffic citation IS YOUR LICENSE FOR THE 10 DAYS AFTER YOUR ARREST! You need to keep this on you at all times when driving, and remember, you are only allowed to drive for business purposes, i.e. driving to school, work, or religious services.
  • 2. A DMV HEARING MUST BE APPLIED FOR WITHIN THAT 10 DAYS! By applying for a hearing with the DMV, we will be able to legally keep you driving while we await the hearing date, which the DMV may schedule more than a month away.
  • 3. THE DMV HEARING We have attorneys who make sure this hearing is requested correctly, as well as make sure your driving interests are represented aggressively at the hearing.

B. Criminal Charges

  • 1. It is extremely important to be represented by an experienced, knowledgeable attorney when fighting a DUI in Court against the State Attorney’s Office. Our attorneys begin attempting to fight your case even before the charges are formally filed, sometimes having success in having the charges dropped before the first Court date.
  • 2. If charges are filed, we attempt to obtain a dismissal on EVERY case we handle! There are several ways to attack a DUI arrest and we make sure all of those ways are explored.

IV. Will I be able to get in touch with my lawyer?

EVERY client who hires us is given our PERSONAL CELL PHONE NUMBER and we encourage you to use it. You, as our client, as the one who was at the scene at the time of the arrest, are our biggest asset. You will be able to assist us the most in helping to formulate a defense! You were there!

V. What about the Breath Test Machine?

When you obtain a Florida Driver’s License, you are agreeing to submit to a breath test. Refusal of this test will result in the suspension of your license for 1 year if it is your first refusal of this test. A second refusal is a misdemeanor criminal offense and your license will be suspended for 18 months. Even with a refusal, we can still help you apply for a DMV Hearing within 10 days. If your attorney is successful at the Hearing, you keep your license.

Our firm has offices in Dade, Broward and Leon Counties. Our firm has experience in the Courtroom. Every case and every person’s experience is different. Our lawyers are accessible, knowledgeable and will defend your rights aggressively.

CALL US NOW AT (786) 371-4431 or (954) 661-7371

We handle cases in the following areas of criminal law:

Our Law Offices are Located at:

Broward Office
(As of March 28, 2014)

Law Offices of Gilbert & Smallman PLLC
3475 Sheridan St. #301
Hollywood, FL 33021
Cell: (954) 661-7371
Office: (954) 251-3106
Fax: (954) 404-6003

Miami Office

Law Offices of Gilbert & Smallman PLLC
The White Building
One Northeast Second Ave,
Suite 200
Miami, FL 33132
Cell: (786) 371-4431
Office: (786) 863-8568

Tallahassee Office

Law Offices of Gilbert & Smallman PLLC
909 East Park Avenue
Tallahassee, FL 32301
Phone: (850) 391-7045
Fax: (850) 391-6152

North Miami Office

Law Offices of Gilbert & Smallman PLLC
12550 Biscayne Blvd, Suite 800
North Miami, FL 33181
Office: ((786) 863-8568
Cell: (786) 371-4431
Fax: (954) 404-6003