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Driving Under the Influence (DUI) Uncategorized

I’ve been arrested for a DUI, now what?

Confused and wondering what happens following a DUI arrest? You are not alone in this feeling! How should you know—the police create an environment that makes you feel like there’s little hope of defeating this serious charge. Take a deep breath and know that you have options.

Let’s start with this simple but important truth—just because you have been arrested for a DUI does not mean that you will be convicted of it! Following an arrest, the prosecution in your case will still need to bring formal charges against you, and then there will be a trial and sentencing. This will actually take months, which will give you time to hire an attorney and allow him to begin building your defense strategy, among other things.

Contrary to what you might believe, the prosecution in your case actually has their work cut out for them and convicting you of a DUI is not as easy as they might have made you think. Not only will the prosecution need to provide some pretty convincing evidence, but they will also need to defeat the various defenses asserted in your case. And this is only fair—Key West DUIs carry such life-changing punishments (everything from jail time to disclosing DUIs on employment applications) that convicting individuals of a DUI should not be easy.

Time is of the essence when it comes to DUI cases, which is why you should not hesitate to get in touch with attorney Alan Fowler to help with your defense. Ultimately, working with an attorney can save you time and money in the long run, here’s how:

  • Time: DUI’s are a paperwork-heavy process and the court is not very forgiving when it comes to missed deadlines or mistakes. An attorney can ensure that all these important mistake-free deadlines are met. Additionally, an attorney will work to build your defense strategy and allow you to focus on the other aspects of your life that need your attention at this time.
  • Money: Getting convicted of a DUI is very expensive. Not only are the fines and fees high, but you might also have to deal with an extended period without driving privileges in addition to other penalties that can cost you much more than you think. The price of hiring an attorney that is able to reduce or eliminate the charges against you pales in comparison to the price of dealing with a DUI for the rest of your life.

If you or a loved one has recently been arrested for a DUI, be sure to give Key West attorney Alan Fowler a call immediately to set up your free initial consultation and discuss your case further. Alan will work tirelessly on your defense and guide you through the entire process. The sooner you call the better! 305.912.2516

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Driving Under the Influence (DUI) key west Uncategorized

How An Attorney Can Help Fight Your Key West DUI

People have a lot of misconceptions about working with an attorney. But the reality is that an attorney can ultimately save you time and money in the long run—this is especially true when it comes to fighting Key West DUI charges. If you or a loved one has recently been charged with a DUI, do not hesitate to call attorney Alan Fowler to learn how he can help.

So how exactly can an attorney help fight your Key West DUI? Take a look…

  • Dealing with the court: Like any legal issue, a DUI is a paperwork heavy process that requires mistake-free filings that can often be very confusing to a non-lawyer. An attorney takes the guess work out of this important part of the process to make sure items are filed on time and correctly the first time around. Ultimately, mistakes in paperwork can cost you, and this is not something you want to have to deal with!
  • Defenses: Whether you think asserting a defense is useless or you have one prepared, working with an attorney means that any and all defenses will be asserted in the most convincing way possible. There are defenses to DUI charges and an experienced attorney will do the best job of presenting them and hopefully limiting or completely eliminating the charges against you. Paying for an attorney that can defeat a DUI charge is a lot cheaper than paying for a DUI conviction!
  • Limiting punishments: The penalties attached to a Key West DUI can vary greatly. If you are convicted of a DUI, an attorney can work with the court to help you try to avoid jail time, limit fines and keep some of your driving privileges.

Getting charged with a DUI is overwhelming. Don’t make this experience harder on yourself by trying to go it alone. As you can see from the bullets above, it is always a good idea to work with an attorney to try to fight the charges against you. Key West attorney Alan Fowler has the experience you want fighting for you. Your first consultation with Alan is always on the house, so be sure to give him a call today to discuss your case further- 305.912.2516

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Zero Tolerance – What Happens With An Underage Florida DUI?

What happens when you are under the legal drinking age of 21 and get charged with a DUI? Nothing good! The State of Florida has a zero tolerance policy that governs underage DUIs and also a much lower BAC level for those drivers under 21. If you are underage and have recently been charged with a Key West DUI, do not hesitate to give attorney Alan Fowler a call today to help you handle these serious charges. Not only are there major legal penalties attached to a conviction, but an underage DUI can also have an impact on your education and professional life as well.

Just because you are charged with a DUI does not mean that you will be convicted of it! An underage DUI is always worth fighting. Here’s a look at some of the key features and distinctions when it comes to those drivers under the age of 21:

Different BAC level: For adults over 21, the Blood Alcohol Content (BAC) level for a DUI is .08—a number that means certain individuals may be able to have a drink or two and still be within their legal limit to drive. Since drinking under the age of 21 is not allowed at all, the BAC level for these younger drivers is a very low .02.
Administrative Suspension: The length and nature of the administrative drivers’ license suspension will depend on whether or not the underage individual submitted to and failed a breath test or refused testing. Either way, driving privileges are completely taken a way for a given period of time and then he or she must apply for a hardship license.
School Disciplinary Actions: It is no secret that high schools and colleges will take some sort of disciplinary action (even a potential expulsion) when word of a DUI hits the administration.

Underage or over 21, you should never try to handle your DUI charges on your own and, because time is of the essence for these cases (especially when it comes to the administrative suspension), the sooner you get in touch with Alan Fowler the better. Your first consultation is always free so do not wait any longer—give Alan a call today! Call 305.912.2516.

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Driving Under the Influence (DUI) key west Uncategorized

A Look At The Impact of Multiple Key West DUI’s

Dealing with a Key West DUI is never fun. Dealing with multiple Key West DUIs is even less fun. Not surprisingly, all of the serious fines and penalties from your first DUI will increase dramatically, and you will quickly see that any leniency you may have received in your first DUI is completely gone the second time around. Because of the serious nature of a second or third Key West DUI, you should always work with an experienced Key West DUI attorney to help fight the charges against you. There are arguments that can help to reduce or even completely eliminate your latest Key West DUI charge.

A Florida DUI conviction carries major penalties such as fines, jail time, license suspension, probation, community serious, alcohol rehabilitation classes, installation of an ignition interlock device, and mandatory attendance at a Victim Impact Panel. These punishments increase significantly the second (or third) time around which is why it always makes sense to fight the charges against you! That’s right, your cherished driving privileges will be suspended for years to come with the first year being an absolute ban on any driving.

Many individuals convicted of a Key West DUI are always surprised to learn the major impact a DUI has on their life outside of the many court-imposed punishments. From increased car insurance rates (or being dropped all together by your insurance carrier) to having to inform potential employers and landlords of the presence of a DUI on your record, a DUI conviction stays with you for the rest of your life. Even if you think the odds are stacked against you, it is always in your best interests to fight a DUI charge.

Attorney Alan Fowler can help. If you or a loved one has recently been charged with a DUI for the first time or the fourth time, give Alan a call today to discuss your case further. Your first consultation is always free – Call 305.912.2516.

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Driving Under the Influence (DUI) key west Uncategorized

Defenses to a Key West DUI

Getting charged with a Key West DUI is not the same thing as getting convicted of one. Unfortunately, too many individuals get overwhelmed by the process and the system and don’t put up a fight! A DUI conviction is life-changing, so it is always worth your time and energy to fight these serious charges. Working with an experienced Key West DUI attorney represents your best chance of defeating the charges against you.

If you or a loved one has recently been charged with a DUI, there are defenses available to you. As with any case, your defense strategy depends on the particulars of your case. Here’s a look at some possible DUI defenses:

  • Illegal stop: Was there reasonable suspicion to pull you over for a DUI in the first place? If not, this can become grounds for a motion to suppress, which, if granted, could get your case dismissed.
  • Testing issues: Your lawyer will question everything from how the field sobriety tests were administered to potential issues with any chemical tests. There are rules and safeguards in place that must be followed or the results need to be thrown out. These results are often the prosecution’s main piece of evidence against you, and if they can’t use them, then they can’t convict you of a DUI—simple as that.
  • Possession issues: Who was in control of the car at the time in question? The prosecution has the burden of proof to show that was you.
  • Accident Reporting Privilege: If the DUI in question also involved an accident, then there are special rules in place that dictate this line of questioning. Put simply, the officer in your case needs to distinguish when he is questioning you about the accident and when he is questioning you about the DUI. If he fails to do so it is a violation of the Florida Accident Reporting Privilege.
  • Constitutional concerns: Your constitutional rights in these cases usually go to the nature of the officer’s questioning and, much like any other piece of evidence, if they violated your rights, then this is yet another piece of evidence that may never see trial.

As you can see, there are defenses available to DUI charges. So, do not accept defeat before giving attorney Alan Fowler a call to set up a free consultation. Alan has years of experience fighting DUI charges and will work hard to reduce or eliminate the charges against you. 305.912.2516

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Driving Under the Influence (DUI) Uncategorized

Reckless Driving & Florida DUI’s

We get it – the world of Key West DUIs is a very confusing one. Let’s start with this simple reassuring reality – just because you are being charged with a DUI does not necessarily mean that you will be convicted of it. So stop worrying and start working on your defense!

The last thing you want to do is simply accept the charges against you and have to deal with a DUI conviction for the rest of your life. Working with an experienced Key West DUI attorney can help to reduce or completely eliminate the charges against you. There are viable defenses to a DUI charge, and one strategy is to negotiate down a DUI charge to Reckless Driving.

A Key West Reckless Driving charge still carries some serious consequences, but it will have much less of an impact on you now and in the future than a DUI. Here’s a look at some of the benefits of a reckless driving conviction over a DUI:

  • No mandatory adjudication: What does that mean? Simple – if the judge  , you have the possibility (not guaranteed) of having this charged removed from your record at some point in the future.
  • Lesser punishment: The punishment for a Reckless Driving is less severe than a DUI, such as lower fines.
  • Less of an impact on other areas of your life: Getting a DUI is so much more than fines and a suspended license. It also means that you will have to deal with high insurance premiums and answering for this conviction on a wide range of applications. While your car insurance company will pretty much raise your rate for anything, the only time you will have to answer for a Reckless Driving conviction is if you were applying for a commercial drivers’ license.

A Reckless Driving charge is the only charge a Florida Driving Under the Influence charge can be reduced down to and one that requires skillful lawyering. Ultimately, the best approach to your DUI case depends on the specifics of your case, and this is something we will go over at your initial free consultation with Alan Fowler. Alan’s approach to your DUI defense is simple – he will not rest until he gets a favorable result for your case.  Call Alan at 305.912.2516 today!

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Driving Under the Influence (DUI) Uncategorized

How To Avoid A DUI This Summer

Summer is officially upon us, and Key West is one of the best places to be to enjoy the extra hours of sunshine and casual summer nights! Not surprisingly, local police are especially vigilant in the summer months for any driver that looks like he or she may have had one too many drinks before getting behind the wheel. Even the slightest suggestion of intoxication will lead a police officer to start a full scale DUI investigation.

With that in mind, here’s a look at how you can enjoy your summer and keep your record clean:

Plan accordingly: While not always possible when an after work happy hour turns into an all night affair, the better prepared you are for an evening, the less likely you are to get behind the wheel when you shouldn’t. For instance, if it is a night at a friend’s house, consider staying over there. Or if you are attending an event at a hotel, get a room for the night. Not only will planning help you avoid any issues with authorities, but it will also make the night more fun, because you won’t have to worry about getting home!

Taxi: Transportation options abound these days, and if you know you are drinking, you should take advantage of these reasonably-priced sober ride options. Before heading out for the day or night, be sure to take down the phone number for a taxi—the more available these rides are, the more likely you are to use them.

Designated Driver: Rotate who remains sober for the day or night with your friends that you usually go out with. A cheap and easy option, a designated driver is always an easy way to go!

All the options listed above are much cheaper than having to deal with a Key West DUI. If you have recently been charged with a DUI, do not hesitate to give local attorney Alan Fowler a call today. There are viable defenses available to you, and Alan can help. Your first consultation with Alan Fowler is always on the house, so be sure to give him a call today to discuss your case further at 305.912.2516.

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Driving Under the Influence (DUI) Uncategorized

What Happens To My Driver’s License After A Second Florida DUI?

Want to know what will happen to your cherished driving privileges following a second DUI conviction? Keep reading!

Getting a second Florida driving under the influence conviction means a big increase in the fines and penalties you will have to deal with for years to come. Let’s take a quick step back and look at the potential penalties attached to a first time DUI conviction: jail time, drivers’ license suspension, heavy fines, installation of an ignition interlock device, attendance of a victim impact panel, community service and probation. When it comes to your first DUI, the judge has some discretion in the severity of certain penalties.

When it comes to your second DUI conviction, a couple of those major penalties now become mandatory and all the other items listed above become much more serious and expensive than they were the first time around. Working with an experienced Florida DUI attorney can help you avoid this life changing conviction and the major penalties that come with it.

Drivers’ license suspension is one such penalty that goes from a potentially somewhat short inconvenience to a major headache when you get a second Key West DUI conviction. More specifically, when you receive a second DUI conviction in five years, there is a mandatory five-year driver’s license suspension attached to the conviction. Making things even more difficult is the first year of this punishment is considered “hard time,” and individuals are not allowed to drive for any reason whatsoever.

Seem harsh? Well it is! Suspending your driver’s license is designed to punish you and to prevent you from getting behind the wheel again for a very long time. In addition to a mandatory license suspension, a second DUI conviction also carries with it mandatory jail time.

If you or a loved one has recently been charged with a second DUI, do not hesitate to give Key West attorney Alan Fowler a call today. Time is of the essence in these cases and this is not a charge you simply want to accept. Your first consultation is always free so call Alan at 305.912.2516 today!

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How Long Will My Key West DUI Case Take?

We like to say that, a Key West DUI takes a long time and no time at all.

On the one hand, the fateful encounter with the police that lead to your charge may seem like a blur.  Thereafter, dealing with the legal aspects of your case may seem to go on forever.

Why does it take so long?

It part, it’s because the charges against you are so serious. Between scheduling multiple hearings, gathering necessary evidence, and ultimately dealing with sentencing, a Key West DUI can take months. Working with an experienced Key West DUI attorney can make sure that this process goes as quickly as possible, while also simultaneously mounting the best possible defense for you and your future. Local attorney Alan Fowler can help.

So why does a DUI case seem to take so long? Here’s a look at some of the things that go into making this a long process:

  • Formal Charges: While you know it is coming, following your arrest, sobriety tests, and a night in jail, you are not charged with a DUI until the prosecution files charges with the Clerk of Court. Thereafter, during your arraignment, you enter your plea of Not Guilty, and the Court will schedule the future hearings in your case.
  • Evidence Gathering: While gathering evidence may seem to take longer than you think it should, this part of the process is really for your benefit: gathering the evidence needed to present your best defense.
  • Trial & Sentencing: The length of your trial depends on a lot of things, including the nature of the DUI charge and your criminal record. Also, the court calendar and the prosecutor’s schedule can impact your trial date.

As you can see, there is a lot that goes into a DUI trial, primarily because it is such a serious charge. But please know, just because you are charged with a DUI in Key West does not necessarily mean that you will be convicted of it. Working with an experienced DUI attorney represents your best chance of defeating or reducing the charges against you.

If you or a loved one has recently been charged with a DUI, do not hesitate to give Alan Fowler a call today. Your first consultation with Alan is always free and designed to answer your questions and inform you of the process and possible defenses.

Call Alan at 305.912.2516 today!

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Driving Under the Influence (DUI) key west Uncategorized

Key West DUI- Fighting the Field Sobriety Test

Standing on the side of the road trying to concentrate on dexterity and balance tests is a very intimidating thing, and the manner in which these tests are administered don’t make them any easier. Field Sobriety Exercises are tests many people could not pass without a single drink in their system. So, it is no wonder that they would be very difficult to pass on the side of a busy road with an officer that is looking to have you fail! If you have recently been charged with a DUI in Key West, be sure to give attorney Alan Fowler a call today.

Notwithstanding what officers would like you to believe, Field Sobriety Exercises are ultimately subjective determinations by the officer.  Your performance of these exercises may or may not show signs of impairment.  Though, the officer is not looking for signs that are consistent with sobriety. Instead, the officer is looking for anything that he is trained to observe as a sign of impairment.

Here’s a look at some of the aspects of the exercises that can be called into question by your attorney:

  • Horizontal Gaze Nystagmus Test: When a police officer asks you to follow an object (like a pen) with your eyes, he is really analyzing the movement of your eyes. Involuntary jerking of the eyes is one thing they are looking for. But, there could be other reasons that you are unable to complete this test that have nothing to do with drinking and driving. Those reasons and how the officer administered this test are two such ways to fight this popular field sobriety test.
  • One Leg Stand: Some people have terrible balance no matter what! So it seems unfair that the One Leg Stand test is used to determine sobriety. Maybe you have a bad knee or maybe you just don’t do well with this type of balance test. Either way, there are a lot of reasons to fail this test that also have nothing to do with your alcohol consumption.
  • Walk and Turn Test: Putting one foot in front of the other and then turning around and doing the same may seem fairly straightforward, but when you are under the high stress of an officer giving you orders, this can be a difficult test to pass. And once again, whether you pass may have nothing to do with what you had to drink that night.

As you can see (or already learned the hard way), there are a lot of defenses to failed Field Sobriety Exercises.  Therefore, these exercises need to be carefully analyzed by your attorney in mounting your DUI defense.

If you are dealing with a DUI charge in Key West, be sure to give attorney Alan Fowler a call immediately to discuss your case. Time is of the essence, so do not hesitate to call Alan to set up your free consultation today – 305.912.2516