Driving Under the Influence is one of the most technical and litigious crimes prosecuted in Florida. It is one with severe, lifelong consequences that can enhance the next offense significantly and presently present serious penalties, including large fines, jail, loss of driving privileges, rehabilitative classes, victim impact panel, increased insurance rates and other concerns
A person charged with DUI is obviously concerned about whether you will go to jail, be able to drive, pay the penalties, endure the probation, and whether you have any defenses to your charge or mitigation of the impact on your life
Each case must be evaluated individually for legal and factual defenses, as there are many available if your lawyer understands the nuances of the state having to prove the charge and how to deal with potential consequences. Only then can your lawyer give you informed advice on how to proceed and determine the appropriate reasonable fee, according to your personal priorities.
Even a first offense DUI carries significant mandatory fines, potentential jail, mandatory license suspensions, mandatory rehabilitative measures and will remain on your record forever, so that it can be used to enhance Your next charge. Subsequent offenses carry mandatory jail sentences that are often increased in the discretion of the prosecutor and very serious consequences of license suspension (5 years for second offense, in years for third offense and lifetime revocation fora 4th offense or manslaughter).
Don Hartery has been one of the most involved litigants in the field of DUI for the past 2o years. Don served on the Florida Department of Law Enforcement's alcohol testing instrumentation and rules committees from 1994 to 2007. Don received the Mother's Against Drunk Driving Prosecutor of the Year award in 1998. Don received a lifetime achievement award from Florida's Technical Advisory Committee on DUI Enforcement and Prosecution in 2oo8.
Don assisted in drafting a number of bills and testifying before the Florida Legislature for the past twenty years. This is all a result of being personally involved in every significant statewide DUI issue since 1993 and of lecturing thousands of Law Enforcement Officers, Alcohol Testing technicians and Prosecutors internationally and especially in Florida for the past 25 years. When Don was a patrol officer, he made over 100 DUI arrests per year and was a breath testing specialist. Don has personally tried some of the most complex DUI trials in local history, including DUI manslaughter cases that have gone to the supreme court and back.