DUI Defense

One of the most common questions attorneys are asked from defendants accused of Driving Under the Influence of either alcohol or drugs is should I consent to taking a breathalyzer test. According to Curtis Fallgatter, lead criminal defense attorney for Fallgatter Catlin & Varon, P.A. if you have been arrested, in custody, transported to jail, booked and being processed, police will then ask you to consent to a breathalyzer test to confirm your blood alcohol level. The legal limit in Florida is a .08 blood alcohol level. Two beers consumed in an hour by the average man will put you…

According to Jacksonville criminal defense attorneys Curtis Fallgatter and Lisa Varon, if you are pulled over by police and suspected of DUI, you should be careful and be prepared. The first thing a police officer will ask for is your driver’s license, vehicle registration and insurance card.  Make sure you have placed them in a convenient location, so you are not fumbling around trying to locate them. Police are looking for any signs of impairment, and from the moment they stop you, they are evaluating whether you are impaired by alcohol or drugs. Do not have an open container in…

If you have been arrested for DUI, like most people, you are not quite sure what to do next. According to Jacksonville criminal defense attorneys Curtis Fallgatter and Lisa Varon, it is very important to fight a DUI case, but the question remains:  How do you win? The lawyer you choose needs to have the legal experience and expertise to know the right kind of strategy to handle a DUI case. Very much like a medical emergency room that triages cases, your attorney needs to “triage” your case, in order to provide you with the best outcome.  First, your attorney…

If you have been arrested for DUI (driving under the influence) in North Florida, you may be wondering if a DUI charge is a felony or a misdemeanor. In criminal law cases, crimes are either classified as misdemeanors (punishable by 1 year or less) or felonies (punishable by 5 years or more).  Depending on the circumstances, a DUI could be classified as a misdemeanor or a felony.  A first or second DUI offense is always a misdemeanor, unless an aggravating factor exists, such as death or serious bodily injury to another.  A DUI manslaughter is always prosecuted as a felony. …

Holidays are a great time of the year for fun and enjoyment, but when you have had too much to drink, call a cab or get a designated driver. This holiday season, we want you to be safe and accident-free. Many of us will indulge in after-hours company parties and get-togethers with friends and family. Unfortunately, alcohol is usually involved.  The last thing most of us have on our minds during this festive time is getting pulled over by the police, or even worse, being involved in an accident. If alcohol is present or even suspected, you are at considerable…

Everyday in Florida, hundreds of motor vehicles are pulled over by law enforcement officers, and drivers are questioned about consumption of alcohol, or other substances, while operating their vehicles. This is a routine law enforcement technique, performed under highly subjective circumstances, and invariably leads to an arrest. This level of constant activity is largely due to the number of drivers who commit driving errors, which the officers will claim makes their behavior suspect.  Field sobriety tests are one way officers claim they can determine if alcohol or drugs are influencing behavior. Casual and limited consumption of alcohol does not always…

Have you ever consumed a couple of beers or a glass or two of wine and gotten behind the wheel of a vehicle? If so, like many of us, you may have wondered if your blood alcohol level was high enough for you to be considered, “driving impaired.” Due to the number of alcoholic beverages consumed in this country, DUI has become the most common criminal offense being charged. Many law-abiding citizens, who have never been arrested for any crimes, are being pulled over and charged with DUI, at alarming rates. Taking the chance of drinking and then getting behind…

DUI Fatalities are Still Too High In 2011 the National Highway Traffic Safety Administration (NHTSA), a branch of the US Department of Transportation, recorded almost 10,000 highway deaths involving drunk drivers or impaired drivers. With incidences of drunk driving diminishing over the last few decades, states are still looking for ways to further reduce drunk driving occurrences from their highways and roads. Most experts believe the combination of state legislation, aggressive prosecution, harsher penalties, expenses associated with DUI convictions and social organizations like MADD have contributed greatly to this downward trend. The mandatory use of safety belts has generally reduced…