Our staff of attorneys and legal experts is standing by to provide you assistance with your most challenging DUI issues.
Our legal team has decades of combined experience navigating the finer points of DUI law in the Florida area and surrounding jurisdictions.We know how to challenge everything and minimize (or drop) everything possible.
We have the experience and expertise to facilitate the most positive outcomes in DUI cases, taking all the related factors into account when establishing your level of innocence.
No 2 DUI cases are the same. We will develop an individualized strategy when working to minimize and/or dismiss legal issues stemming from the suspected drunk driving incident.
Our rate schedule is designed to open our services up to the broad base of Florida-area drivers and get them back on the road and to their
We have overseen up to hundreds of successful DUI defenses using our extensive knowledge of local Florida sobriety check laws and procedural guidelines for law enforcement.
Our experienced legal professionals will work directly with you to uncover any factors in the case that can establish your lack of culpability, including timeframe establishment and procedural evaluation.
An experienced DUI attorney can be a valuable ally in minimizing the damage to your wallet, your legal record and your reputation. A DUI lawyer can identify improper police procedures such as questionable circumstances of the original stop and irregularities in administration of field sobriety tests. Our team can discuss the events of the case directly with you to build a fair and balanced picture of the events.
Some of our clients are arrested at DUI checkpoints, and the law typically has very stringent guidelines defining their proper use. Our attorneys will examine the details of your sobriety test to spot any irregularities, and if justified, our team will retain a chemical testing expert to invalidate the results of your breath or blood test.
While most DUI incidents are typically termed "misdemeanors," the effect they can have is anything but minor. First time offenders can face heavy fines as well as up to 6 months in jail depending on the surrounding circumstances, and many drivers have their licenses suspended for nearly a year. Our lawyers can stand with you to give you more options for moving on with your life. Call today.
I drive a truck for work, so a DUI pretty much meant the end of my career. My family can’t afford to lose my income, so I turned to these experts for help. Luckily, they found a way to get my case dismissed!
After my second DWI arrest I was looking at a minimum of 1 year behind bars. Good thing the experts were there to help -- it turns out the police made an illegal stop and my case was thrown out!
I failed my breathalyzer test despite only having one glass of wine, and was scared to death when the police took me in. Luckily, they were able to prove that my "intoxication" was a reaction to my medication, and they got my charges dropped. What a lifesaver!
We have very strict open container laws in our county, and I got arrested for having a half-empty beer can in the passenger cup holder. My attorney quickly got the charge marked down to the severity of a simple speeding ticket!
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Open container laws prohibit open alcoholic beverages in a vehicle. Although they are misdemeanor offenses, open container offenses can lead to other serious consequences under certain circumstances.
Open Container Overview
Every state has some version of open container laws, but the general purpose across every state is to prohibit people from consuming alcoholic beverages while driving. In order to demonstrate a violation of open container laws, the state must prove the following:
There was an open container of an alcoholic beverage - The container can be any receptacle holding the beverage: beer can, wine bottle, flask, water bottle, etc. Officers are given discretion to evaluate the circumstances of the citation and rely on their training and experience to determine whether or not the substance in the container is alcoholic. If you believe the officer mistakenly cited you because the beverage contained no alcohol, consult an attorney.
The defendant possessed the open container, as opposed to someone else in the vehicle - This is called establishing affirmative links--very similar to what would be required in a drug case. Affirmative links are factors that support the person had possession of the open container, and are based on factors such as whether or not: the container was found close to the defendant, the defendant had odor of the same beverage on their breath, or the defendant owned the vehicle. If more than one container is located, most states will charge this as one offense; not a new offense for each container discovered. Anyone who is in possession can be charged, not just the driver.
The container was in a vehicle - Most states prohibit the open container from being anywhere in a vehicle. The term vehicle applies to cars, trucks, or any other motor operated transit device. Some states do have some exceptions for larger passenger vehicles like a bus, limousine, or RV. If the open container is found in the passenger area, instead of the driver area, the location of the open container would be a defense to an open container violation.
If a person chooses to challenge the state on any of these requirements, or additional ones imposed under state law, they should contact a local attorney familiar with the process for assistance.
Consequences of Open Container Offense
An open container violation is often a ticketed offense like a speeding ticket. The officer will write out a ticket and have the defendant sign it based on their promise to appear at a later court date in municipal court. The punishment for an open container offense is usually a fine, which can be as high as $1000, but jail time may be a possible punishment depending on the state and the circumstances of the citation.
More importantly, an open container violation can lead to other more serious charges. If an officer smells the odor of alcohol and sees and open container, this may be enough to undertake a driving under the influence (DUI) investigation. A DUI arrest will result in substantially increased punishments, and will be significantly more costly than an open container ticket.
Even if the driver is not intoxicated, an open container can result in more trouble. Having an open container is an illegal action that gives an officer the authority to search the vehicle for any other open containers. While searching for open containers, if the officer happens to find any other contraband, like a controlled substance, the driver faces arrest and conviction on those separate charges as well.
Open container violations are not that serious of an offense by themselves and can often be handled just like a traffic ticket. However, if the open container ticket was written in error or the violation led to more serious charges, it's generally wise to consult an attorney as soon as possible.
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Closely Related Topics: Suspected of DUI? Call today.
Related Statewide Reading Topics: Florida - Suspected of DUI? Call today.
Related Reading Topics: Suspected of DUI? Call today.
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