Drunk Driving Criminal Defense Lawyer of the Florida Keys

As a criminal defense lawyer in Monroe County, attorney W.J. Heffernan of Marathon has represented hundreds of clients who have been charged with driving under the influence or DUI. The one consistency in DUI cases is that no two are exactly alike. All prosecutorial cases depend on a number of factors, including the police officer’s probable cause for the stop; the physical indicators of the driver; whether or not the driver agrees to perform field sobriety exercises, and how he or she performs; whether or not the police obtain a BAC (Blood Alcohol Content) reading; and many other variables. For the most part, the direction that a DUI investigation takes is out of your control. There are, however, two important decisions that every individual who is stopped for DUI in the state of Florida must make: whether to participate in voluntary roadside exercises and whether or not to provide a breath or urine sample. As a Monroe County criminal defense lawyer, attorney Heffernan has represented individuals who have agreed to both, refused both, or agreed to one and refused the other. The most important thing for the driver is to know his or her rights and to make an informed decision as to whether or not they will do roadside exercises or blow into a Breathalyzer machine.

Voluntary Filed Sobriety Exercise in Florida

If you are stopped for suspected drunk driving in Marathon or anywhere else in Monroe County, the police officer will explain to you that you are under suspicion of driving while intoxicated. He or she will ask you to perform voluntary roadside exercises. You are not required by law to participate in these exercises, and the tests can be quite difficult—even for someone who has only had a little to drink. If you refuse to participate, you may still be arrested, but the prosecuting attorney will not have a video of you failing at these exercises to show a Monroe County judge and jury. Ultimately the decision is yours, but there are no legal consequences for refusing to agree to do roadsides.

Florida’s Implied Consent Law

Most people don’t realize that when they apply for their FL driver’s license, they have agreed to provide a breath or urine sample to police officer on demand. Declining will result in a one-year suspension of your Florida Driver’s License for a first refusal and an eighteen-month suspension for a second. It is important for you to remember that you still have the legal right to refuse a breath test. As a Marathon, FL DUI defense lawyer one of the most common mistakes I see is when clients agree to breath tests because they need their license to get to work or to take their children to school. What they don’t realize is that if their BAC readings are above .08 they will still lost their license for six months. Furthermore, in most cases your criminal defense lawyer can help them obtain hardship licenses for things like going to work, attending school, et cetera. In most cases, Marathon criminal defense attorney Bill Heffernan would prefer that his clients did not provide a BAC sample.

Private DUI Monroe County DUI Defense Lawyer Serving Clients in the Florida Key*

As a Florida Keys drunk driving defense attorney, Bill Heffernan has built a reputation in the Monroe County criminal and traffic courts by successfully defending men and women against DUI and other charges. If you’ve been charged with DUI in the Florida Keys, contact the Law Offices of W.J. Heffernan, Jr. at 305-602-5003.

Criminal defense attorney Bill Heffernan proudly serves the communities of Key Largo, Tavernier, Islamorada, Plantation Key, Windley Key, Upper Matecumbe Key, Lower Matecumbe Key, Craig Key, Fiesta Key, Rattlesnake Key, Long Key, Conch Key, Duck Key, Grassy Key, Deer Key, Key Vaca, Marathon, Boot Key, Bahia Honda, West Summerland Key, No Name Key, Big Pine Key, Torch Key, Ramrod Key, Summerland Key, Cudjoe Key, Sugarloaf Key, Saddlebunch Keys, Big, Coppitt Key, Boca Chica, Key Haven, Key West, and the rest of Monroe County.