A Second DUI in Florida Could Cost Heavily Without the Right Criminal Defense

Posted by Fred Koberlein | May 04, 2016 | 0 Comments

Side mirror cop

Meet Dan. Unfortunately, Dan is not the most stellar decision maker. Dan got pulled over three years ago for swerving in his lane and was then arrested for driving under the influence after blowing a 0.08 on the breathalyzer. After serving his time in jail, getting out on probation and paying all of his fines, Dan was finally done paying his debt to society.

Like some people are prone to, Dan was unable to make the lesson he had learned stick. He decided to drive again after drinking one night. While Dan had stuck to the one drink per hour limit he promised himself, he nevertheless made a risky choice by getting behind the wheel.

As Dan's luck would have it, there was a sudden accident on the road ahead of him. He attempted to swerve out of the way, but ended up making a brief impact with a pickup truck in the adjacent lane. Dan pulled over to check on the truck driver, who had very minor injuries and said he should be fine. Nevertheless, the truck driver wanted to file a police report for an insurance claim. When Dan gave his statement to the police officer, the officer asked Dan if he had been drinking that night. Not wanting to get in trouble, Dan said “Yes, but just a few.”

The officer instructed Dan to use the breathalyzer, and Dan blew a 0.07. The officer then requested that Dan perform some field sobriety tests. During the walk and turn test, Dan did not make consistent heel-to-toe contact. The officer also claimed that he saw Dan wobbling. Dan was arrested for his second DUI, and the police officer also ticketed him for being at-fault for the collision with the truck driver.

With a Second DUI in Florida, Dan Could Be in Big Trouble

Since Dan is facing a second DUI within Florida's five-year lookback period, Dan could incur criminal penalties that include jail time for up to a year as well as a mandatory 10 days. Worse, the minor collision Dan was involved in could transform his charges from a misdemeanor to a felony.

While Dan has made some poor decisions, he is also a somewhat victim of circumstance in this situation. He was below the legal limit, and his field sobriety test results could have been affected by the fact that he was nervous. Dan may also not be legally at-fault for the accident if he is able to successfully claim that it was unavoidable given the collision that already happened ahead of him.

If you are in a situation like Dan's, we suggest you find an experienced Florida DUI attorney to present the facts of your case. Without representation, you could easily be misrepresented by the prosecutor and face unfair charges. Koberlein Law Offices has locations in Gainesville and Lake City, Florida to offer you skilled DUI attorney representation with lawyers that genuinely care about your case. Do not let a small mistake turn into a giant regret. Contact us today.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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