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Treasure Coast DUI Defense


When a person is arrested for driving under the influence (DUI) in Martin County, St. Lucie County, Indian River County, and Okeechobee County, he/she is subjected to two separate and independent processes: the criminal portion, and the administrative process through the Department of Highway Safety & Motor Vehicles (DHSMV).  Most people are aware of the criminal process which is handled through the court system. This second process, however, is lesser known, and is "administrative" in nature through the Florida Department of Highway Safety & Motor Vehicles (DHSMV). This administrative process is rather complex, and determines whether the defendant’s driving privileges will remain suspended or be reinstated. On the back of the citation, it states that there are only 10 Days to request an administrative DHSMV hearing. Whether you do or not can greatly impact your ability to drive or get a hardship license.  Mr. Golden has helped countless clients get their driving privileges reinstated, and uses the results of the DHSMV hearing to his clients’ advantage in the criminal process.  This is why it’s vital to contact an experienced Treasure Coast DUI defense attorney like David Golden within 10 Days following a DUI arrest.

Attorney David Golden has helped hundreds of clients get their DUI charges reduced or dismissed to a lesser offense.  However, it’s not always easy to get DUI charges reduced or dismissed. Aggressive prosecutors want to punish DUI offenders to the fullest extent of the law, and work the arresting officer to make sure it happens. An experienced and skilled Treasure Coast DUI defense attorney , however, can challenge the arrest, confront aggressive prosecutors, and expose certain defects in the State's case that the prosecutor may not have be aware of. At the Law Offices of David Golden, P.A., Mr. Golden uses a variety of defense strategies to protect his clients’ rights, and help them achieve a successful result in court.  Mr. Golden meets with clients face to face to review their case, and discuss any questions or concerns they may have.  

Depending on the circumstances surrounding the case, there are multiple penalties a DUI offender may face if convicted. The following chart from the website of the Florida Department of Highway Safety & Motor Vehicle is designed to show the various penalties associated with DUI convictions:


DUI Penalties

1st DUI

2nd DUI
(within 5 yrs.)

3rd DUI
(within 10 yrs. of 2nd) or Felony

Jail

0-180 days
(>.20) 0 - 270 days

10-180 days
(>.20) 10-270 days

30 days - 5 yrs.

Fine

$250 - $500
(>.20) $500 - $1000

$500 - $1000
(>.20) $1000 - $2000

$1000 - $5000
(>.20) $2000 - $5000

License Suspension

6 Months - 1 Year

5 Years

10 Years

Business Purposes License

YES
After 30 Days

Refusal
90 Days

1 Year
(after conviction)

Interlock

If court ordered
(>.20) Up to 6 mos.

At least 1 year
(>.20) At least 2 yrs.

At least 2 yrs.

Immobilization of Vehicle

10 Days

30 Days

90 Days


There are two independent processes that take place after a DUI arrest:

ADDRESSING THE DHSMV HEARING
Once you retain the services of Treasure Coast DUI defense attorney David Golden, he will contact the Florida Department of Highway Safety & Motor Vehicles and request a formal review hearing to challenge the suspension of your driving privileges. At this point, the DHSMV will set a date for the hearing, and send you a notice stating that your driving privileges have been extended beyond the 10 days on a limited basis. This is a tremendous benefit for people who need their driver’s license to get to work, and for other necessities.

In order to prepare for the hearing, Mr. Golden will subpoena the arresting officer and require him/her to bring the DUI video to the hearing if it’s available. At the hearing, Mr. Golden will cross-examine the officer, challenge his/her training, investigate his/her background, and question his/her general experience in DUI cases, as well as his/her conduct and observations with respect to the arrest. In most instances, the driver doesn’t even need to appear at this hearing. Mr. Golden can handle it all for you.

Treasure Coast DUI Criminal Process
The "arraignment" is the first time you will appear in criminal court for your DUI. At the arraignment, you will be informed of the charges brought against you by the Martin County, Saint Lucie County, Indian River County, or Okeechobee County prosecution.  At the arraignment you will enter your plea of "guilty," "not guilty," or "no contest" to the charges.

One of the advantages of hiring Treasure Coast DUI Attorney David Golden is that the appropriate documents will be filed alleviating the need for you to appear at the arraignment. This way, you do not have to miss work or any other obligations you may have.

DUI Discovery
An important document that needs to be filed is a Demand for Discovery.  Once this document is filed with the court, the State is obligated to provide and make available any and all evidence that they intend against you at your criminal trial. In addition, they are required to provide any and all evidence that could be considered favorable as well. During this “discovery” period, DUI attorney David Goldenwill obtain all police reports and the DUI video tape—if one exists. After these materials are obtained, an appointment will be made so you can review all the material with your DUI attorney, David Golden. The Law Offices of David Golden, P.A., takes great pride in keeping their clients educated and informed about their case, and providing them with courtesy copies of all of the discovery materials. Mr. Golden takes no legal action until his clients are informed, and have given their consent.

Treasure Coast DUI Pretrial Motions
At the Law Offices of David Golden, P.A., we know that every DUI case is different, and should be treated, evaluated, and handled by an experienced Treasure Coast DUI attorney.  Attorney Golden has handled cases in which law enforcement officials acted improperly or unlawfully: they did not have probable cause of arrest; BAC testing equipment was defective; the field sobriety tests were not administered properly. When any of these circumstances are discovered by Mr. Golden, he immediately files pre-trial motions to challenge the admissibility of the evidence in court.  Mr. Golden is committed to aggressively defending each client’s DUI case, and recognizes the advantages pre-trial motions can have in compelling the State to offer a plea bargain or a reduction or dismissal of the charges.

Treasure Coast DUI Jury Trial
Most DUI cases can be resolved without having to go to trial. However, there are some instances when a trial is necessary. In the event that your case goes to trial, you should feel confident knowing that Treasure Coast DUI Attorney David Golden has successfully tried and represented countless complex DUI cases throughout Martin County, Saint Lucie County, Indian River County, and Okeechobee County.  The Law Offices of David Golden are devoted solely to defending the rights of people accused of DUI on the Treasure Coast. When Mr. Golden commits to a case, he fights for his clients from the very beginning to the very end.

David Golden P.A. - Stuart Criminal Defense Attorney
Located at 903 SE Central Pkwy Stuart, FL 34994. View Map
Phone: (772) 220-4400
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